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Dáil Éireann debate -
Wednesday, 23 Mar 2005

Vol. 599 No. 6

Written Answers

The following are questions tabled by Members for written response and the ministerial replies received from the Departments (unrevised).
Questions Nos. 1 to 9, inclusive, answered orally.

Independent Reviews.

Willie Penrose

Question:

10 Mr. Penrose asked the Tánaiste and Minister for Health and Children the action she intends to take arising from the report of the independent review into the circumstances of the death of Róisín Ruddle on 1 July 2003; and if she will make a statement on the matter. [9418/05]

The report of the panel established by the former Minister for Health and Children to carry out an independent review of the circumstances surrounding the death of Róisín Ruddle was submitted to me on 7 February 2005 and it was published on my Department's website on Thursday, 10 February.

The panel's principal finding was that if Róisín's operation had gone ahead as planned on 30 June 2003, the likelihood of her survival would have been greater, and that the fundamental reason behind the deferral of her surgery was the inability of Our Lady's Hospital to recruit-retain experienced specialist nursing staff.

I have already told the House that one of the recommendations of the report of the expert group on midwifery and children's nursing education, the introduction of a direct entry undergraduate programme for combined children's and general nursing, must be implemented. I have also stated that it will be necessary to reduce the length of the existing post-registration programme for qualification as a children's nurse. I will shortly be announcing how the report of the expert group on midwifery and children's nursing education can best be implemented.

I understand that a number of key recommendations in the report have already been acted upon by Our Lady's Hospital. These include the appointment of a clinical bed manager, the appointment of a full-time nurse manager to manage nursing recruitment and retention, and the establishment of links with similar institutions internationally. Some of the other recommendations, such as the recommendation that the hospital should consider ways to avoid patients having to undertake two journeys in quick succession — the first for pre-operative care and the second for the surgery itself — are currently being considered by the hospital. The hospital has told my Department it will be forwarding its official response to the report shortly.

Health Services.

Tom Hayes

Question:

11 Mr. Hayes asked the Tánaiste and Minister for Health and Children when the 32 local health offices of the HSE will be put in place; and if she will make a statement on the matter. [9496/05]

As indicated in the Health Service Executive's organisational design, the local health offices will be key units of delivery for its primary community and continuing care directorate. Each local health office will be located within the existing 32 community care offices. At present there is a general manager assigned with responsibility for managing all community based services from these offices. Following the filling of the local health office manager positions these roles will be expanded to reflect the design of the local health office in delivering all non-acute services in the respective functional areas.

The process for filling the position of manager of each of the local health offices is underway. The agreement reached between the Health Service Executive and IMPACT on the re-assignment of senior managers in December 2004, provides that appointments are to be made to the following positions: director regional health office — four posts; national hospitals office assistant director — four posts; hospital network manager — ten posts; local health office manager — 32 posts; primary community and continuing care assistant director — six posts; primary community and continuing care national care group manager — seven posts; and population health assistant director — two posts.

The Health Service Executive has informed me that the Public Appointments Service has been engaged to conduct the filling of these positions and the recruitment process is now underway. Eligible candidates were invited to apply for the relevant posts before 28 February 2005.

Interviews have commenced for some posts while others, including the local health office manager posts, are currently being scheduled. As the Deputy will appreciate with candidate pools ranging from 50 to over 100 for certain posts, this process will take some time. However, it is intended to complete the interview process by the end of May 2005.

National Cancer Strategy.

Denis Naughten

Question:

12 Mr. Naughten asked the Tánaiste and Minister for Health and Children when she will publish the new cancer strategy; and if she will make a statement on the matter. [9469/05]

The national cancer forum is currently finalising a new national cancer strategy which is expected to be completed in the summer. The national cancer forum, a multi-disciplinary group of experts in cancer care, has conducted an extensive consultation process with professional bodies, voluntary organisations and the general public. In developing an organisational model for the delivery of cancer treatment services, the forum's considerations have been informed by the broad strategic context in which the cancer strategy exists, a review of the current status of cancer care, a review of the literature evidence concerning key aspects of the organisation of cancer services and a review of international models of care.

The forum has concluded that the current fragmented arrangements for the delivery of cancer services cannot be recommended to deliver best quality cancer care. Cancer care is a dynamic process involving the interaction of many different elements of the health system. Although they are often considered separately, the overall quality and performance of services as delivered to patients is dependent in a very significant way on how well each of these elements integrate and co-ordinate with each other. They must be planned and organised in a manner which facilitates integration so that, from the perspective of the user, the whole system operates in a complimentary and efficient manner.

The new strategy will have regard to the multi-faceted aspects of cancer control. The key priority in the development of improved cancer care is that cancer patients will have access to multi-disciplinary care to ensure optimum treatment and best outcomes in line with international best practice. The strategy will set out the key priorities for the development of cancer services over the coming years and will make recommendations in relation to health promotion, screening and early detection, cancer treatment services, genetics, supportive care, research and survivorship. This is especially important as more people are living longer with cancer than in previous years.

Oncology services nationally have experience significant development and expansion in recent years. The key goal of the national cancer strategy 1996 was to achieve a 15% decrease in mortality from cancer in the under 65 year age group in the ten year period from 1994. An external evaluation of the extent to which the objectives of the national cancer strategy 1996 have been met demonstrated that this figure was achieved in 2001, which was three years ahead of target. The Government is committed to making the full range of cancer services available and accessible to cancer patients nationally.

Question No. 13 answered with QuestionNo. 9.

Debt Collection.

Breeda Moynihan-Cronin

Question:

14 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that publicly funded hospitals spent more than €300,000 on the employment of debt collectors during 2004; the amount of unpaid debts collected by such agencies on behalf of these hospitals; if she has undertaken any value for money assessment of the use of such debt collectors; and if she will make a statement on the matter. [9412/05]

The management and control of the application of patient charges, together with the collection of outstanding debts, is a matter for individual hospitals, including voluntary hospitals, and for the Health Service Executive in its role in managing and delivering health and personal social services. My Department has, therefore, passed the Deputy's question to the chief officer of each of Health Service Executive's regional areas to reply to her directly in the matter.

Cancer Screening Programme.

Michael Noonan

Question:

15 Mr. Noonan asked the Tánaiste and Minister for Health and Children the steps she is taking to roll out the national cervical screening programme; and if she will make a statement on the matter. [9465/05]

Olwyn Enright

Question:

101 Ms Enright asked the Tánaiste and Minister for Health and Children when the national cervical screening programme will be rolled out nationally; and if she will make a statement on the matter. [9462/05]

Eamon Ryan

Question:

111 Mr. Eamon Ryan asked the Tánaiste and Minister for Health and Children if, in view of Ireland’s high rate of invasive cervical cancer, she plans to act on the report commissioned by the Health Board Executive (details supplied) which recommends that in order to achieve an 80% reduction in cervical cancer in the Irish population, there is a need for an organised population health-based programme rather than continuance with opportunistic screening. [9444/05]

I proppose to take Questions Nos. 15, 101 and 111 together.

I am committed to the national roll out of a cervical screening programme in line with international best practise. International evidence demonstrates the proven efficacy of programmes that are effectively managed and meet quality assurance standards. Careful planning and consultation with relevant professional and advocacy stakeholders is required before I make definite policy decisions on a national roll out.

The former Health Board Executive commissioned an international expert in cervical screening to examine the feasibility and implications of a national roll out of a cervical screening programme. The examination included an evaluation of the current pilot programme in the mid western area, quality assurance, laboratory capacity and organisation and the establishment of national governance arrangements. The expert's report was published on 14 December 2004. My Department is now consulting the Irish College of General Practitioners, An Bord Altranais, the Academy of Medical Laboratory Science, the Institute of Obstetricians and Gynaecologists of the Royal College of Physicians of Ireland, the faculty of pathology of the Royal College of Physicians of Ireland, the Women's Health Council and the Irish Cancer Society. The consultation with these key stakeholders is well advanced and will be completed in a matter of weeks.

The number of smear tests carried out annually is approximately 230,000 and represents an increase of almost 20% in recent years. To meet this increased demand additional cumulative funding of approximately €14.5 million has been provided by my Department since 2002 to enhance the laboratory and colposcopy services.

The pilot cervical screening programme commenced in October 2000 and is available to eligible women resident in Counties Limerick, Clare and Tipperary North. Under the programme cervical screening is being offered free of charge to approximately 74,000 women in the 25 to 60 age group, at five year intervals.

In addition, my Department allocated a further €1.1 million to the programme on an ongoing basis to complete the transition of the remaining laboratories to new and more effective testing and to support the development of quality assurance and training programmes. These are essential preparatory elements in a national roll out.

Question No. 16 answered with QuestionNo. 8.

Hospital Inquiry.

Joan Burton

Question:

17 Ms Burton asked the Tánaiste and Minister for Health and Children the expected completion date of the inquiry to be chaired by Judge Maureen Harding-Clarke into the activities of a person (details supplied); if her attention has been drawn to the call made by a number of victims for the establishment of a redress board; if she intends to act on this suggestion; if she has held the promised meeting on this matter from Patient Focus; and if she will make a statement on the matter. [9400/05]

On 9 March last I met representatives of Patient Focus, an advocacy group which represents, inter alia, former patients of Dr. Michael Neary. The group has requested the establishment of a redress board to process complaints relating to the provision of services at Our Lady of Lourdes Hospital to a number of its members.

I advised the group that I was sympathetic in principle to the proposal but that I would await the report of the Lourdes Hospital inquiry before consulting with Government in the matter. I also advised the group that I intend to meet it again at an early date following completion of the inquiry. I recently met the chairperson of the inquiry. The work of the inquiry is continuing and I look forward to early receipt of its report.

Question No. 18 answered with QuestionNo. 9.

Cancer Screening Programme.

Dinny McGinley

Question:

19 Mr. McGinley asked the Tánaiste and Minister for Health and Children when BreastCheck will be rolled out nationally; and if she will make a statement on the matter. [9458/05]

Olwyn Enright

Question:

30 Ms Enright asked the Tánaiste and Minister for Health and Children when BreastCheck will be available to women in the west and southern area; and if she will make a statement on the matter. [9460/05]

Ciarán Cuffe

Question:

61 Mr. Cuffe asked the Tánaiste and Minister for Health and Children the date on which the BreastCheck screening programme will be extended throughout the country; and if she will make a statement on the matter. [9439/05]

Brian O'Shea

Question:

133 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to continue the roll out of BreastCheck; and if she will make a statement on the matter. [9550/05]

I propose to take Questions Nos. 19, 30, 61 and 133 together.

I am confident that the target date of 2007 for the expansion of BreastCheck nationally will be met. The national breast screening programme commenced in 2000 and currently covers the eastern, north eastern, midland and parts of the south eastern areas of the country. Screening is being offered free of charge to all women in those areas in the target age group of 50 to 64 years. Since the programme commenced in 2000 cumulative revenue funding of approximately €60 million and capital funding of €12 million has been allocated to support the programme.

The national roll out of the programme is now a major priority in the development of cancer services. This will ensure that all women in the relevant age group in every county will have access to breast screening and follow up treatment where appropriate. The national roll out of the programme required detailed planning for the development of infrastructure to provide for two static clinical units, one in Cork and the other in Galway.

A capital investment of approximately €21 million has been approved to construct and equip the two clinical units and to ensure that mobile units are available to screen women in the relevant age group throughout the country. Additional capital funding of €3 million has been approved for the relocation and development of the symptomatic breast disease unit, in tandem with the BreastCheck development at University College Hospital, Galway. Design briefs in respect of the capital projects have been completed. It is intended to progress the developments at Cork and Galway simultaneously and it is anticipated that the advertisement for the appointment of a design team will be placed in the EU Journal shortly.

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

Question No. 20 answered with QuestionNo. 8.

Ministerial Appointments.

Eamon Gilmore

Question:

21 Mr. Gilmore asked the Tánaiste and Minister for Health and Children the progress made with regard to the recruitment of a chief executive officer for the Health Service Executive; when it is expected that an appointment will be made; and if she will make a statement on the matter. [9404/05]

The Interim Health Service Executive, iHSE, awarded a contract to PricewaterhouseCoopers, PWC, following a tendering process, to manage the recruitment of the chief executive officer of the health service executive.

In September 2004, Professor Aidan Halligan — deputy chief medical officer in the UK — was announced as the first chief executive officer of the Health Service Executive. In November 2004 Professor Halligan announced his withdrawal from the process due to personal reasons.

Following a recommendation from the board of the iHSE, I appointed the executive chairman of the iHSE as interim chief executive of the Health Service Executive with effect from 1 January 2005. The interim chief executive officer will remain in this position until a chief executive officer is appointed.

PWC has continued as the recruitment agency to manage the recruitment of the permanent chief executive officer for the Health Service Executive, HSE, and this recruitment process has been underway since early December 2004.

A recruitment subcommittee of the board of the HSE is responsible for the selection of a CEO. The subcommittee is chaired by Mr. Liam Downey, the chairperson of the board. The recruitment subcommittee met on the 18 February to assess progress and decide on a suitable shortlist of potential candidates. Formal interviews were held on 8 and 9 March 2005 and the process remains ongoing. When the recruitment process is complete, the board will recommend a person to me for appointment as CEO of the HSE.

Question No. 22 answered with QuestionNo. 8.

Hospital Services.

Brendan Howlin

Question:

23 Mr. Howlin asked the Tánaiste and Minister for Health and Children the average number of patients on trolleys or chairs awaiting treatment or assessment in accident and emergency units for each day since 1 January 2005; her views on whether such numbers are satisfactory; and if she will make a statement on the matter. [9408/05]

My Department does not collate data on the number of patients reported to be waiting in accident and emergency departments for admission to hospital on a daily basis. However, the Health Service Executive has commenced providing daily data on accident and emergency activity on their web site. My Department has asked the director of the national hospitals office-HSE to forward available information to the Deputy directly.

MRSA Incidence.

Jack Wall

Question:

24 Mr. Wall asked the Tánaiste and Minister for Health and Children her views on whether it is inappropriate that MRSA patients are nursed in open wards with a huge risk for other patients, particularly those patients on chemotherapy who are unable to fight infection; and if she will make a statement on the matter. [9434/05]

Brian O'Shea

Question:

138 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her views on whether the MRSA epidemic in hospitals here is contributed to by overcrowding and lack of proper facilities for cancer patients; and if she will make a statement on the matter. [9555/05]

I propose to take Questions Nos. 24 and 138 together.

In 1995, a Department of Health committee comprising representatives from the Department of Health, consultant microbiologists, specialists in public health medicine and general practice and a representative from the Association of Infection Control Nurses produced a set of guidelines for the management of MRSA in acute hospital wards, including specialist units. The implementation and operation of these guidelines in acute hospitals is a matter for those hospitals in the first instance.

An infection control sub-committee of the National Committee for Strategy for the Control of Antimicrobial Resistance in Ireland, SARI, has now prepared a draft revised set of guidelines. These guidelines are still at the consultation stage and cover a number of areas including physical cleanliness of the environment, hand hygiene, antibiotic stewardship programmes, and availability of isolation facilities as well as screening and detection protocols.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf, health and personal social services. The implications of the revised guidelines for the health system and issues around their implementation will be a matter for the HSE to consider.

Hospital Services.

Brian O'Shea

Question:

25 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her plans to provide radiotherapy services for patients in the south east; and if she will make a statement on the matter. [9432/05]

The Government is committed to making the full range of cancer services available and accessible to cancer patients throughout Ireland. To this end, we will provide considerable investment in radiation oncology facilities in the coming years.

The Government in its decision on radiotherapy services remained open to the provision of a satellite radiation oncology unit in Waterford. We are determined to deliver enhanced services for the whole population as soon as possible. There is unanimity about the urgent need for significantly enhanced services in the major population centres of Dublin, Cork and Galway. I will keep the question of networked satellite locations under active review.

The immediate developments in Cork and Galway will result in the provision of an additional five linear accelerators. Five additional consultant radiation oncologists are being recruited for this service. These developments will significantly improve access to radiotherapy for patients in the south east and throughout the country.

As recommended in the report on the development of radiation oncology services in Ireland, the national radiation oncology co-ordinating group, NROCG, has been established. The group comprises clinical, technical, managerial, academic and nursing expertise from different geographic regions. The group's remit encompasses recommending measures to facilitate improved access to existing and planned services, including transport and accommodation. The group is expected to develop proposals in these important areas. The group will also advise on quality assurance protocols and guidelines for the referral of public patients to private facilities.

The NROCG is currently developing a National Telesynergy® Network for radiation oncology services. Arrangements are being made to install this technology at Waterford Regional Hospital which will enable the hospital to develop improved linkages with Cork University Hospital and St. Luke's Hospital, Dublin and reduce patient and consultant travel time.

Cancer Screening Programme.

Simon Coveney

Question:

26 Mr. Coveney asked the Tánaiste and Minister for Health and Children if over 200 lives per annum would be saved in the south and west if the BreastCheck programme was up and running; and if she will make a statement on the matter. [9518/05]

Brian O'Shea

Question:

131 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her views on reports that failure to roll out BreastCheck in the south and west may result in the deaths of up to 400 women; the steps she is taking to address this situation; and if she will make a statement on the matter. [9548/05]

I propose to take Questions Nos. 26 and 131 together.

Any woman, irrespective of her age or residence, who has concerns about breast cancer should contact her GP who, where appropriate, will refer her to the symptomatic services in her area. More than €60 million has been invested in the development of symptomatic breast disease services since 2000. This investment has enabled the appointment of additional surgeons with an interest in breast disease, histopathologists and radiologists to enhance the delivery of breast cancer services nationally.

Data supplied by the national cancer registry show that the overall survival rate from cancer has increased between the periods 1995-97 and 1998-2000 with the five year survival rate from breast cancer increasing from 73% to 79% over the period.

The full implementation of BreastCheck requires significant capital and human resources, including two static clinical units, mobile screening units, multi-disciplinary consultant teams and radiographers together with technical and administrative support. A capital investment of €21 million has been approved to construct and equip the two clinical units, one in Cork and the other in Galway, and to provide for mobile units. The investment will ensure that breast screening and follow up treatment, where appropriate, is available to all women in the target group throughout the country. Additional capital funding of €3 million has been approved for the relocation and development of the symptomatic breast disease unit, in tandem with the BreastCheck development, at University College Hospital, Galway.

The design briefs in respect of the capital projects have been completed. It is anticipated that the advertisement for the appointment of a design team will be placed in the EU journal shortly. I am confident that the target of date of 2007 for the expansion of BreastCheck nationally will be met.

EU Conventions.

Trevor Sargent

Question:

27 Mr. Sargent asked the Tánaiste and Minister for Health and Children the reason Ireland has failed to join 31 other European states in ratifying the Council of Europe’s 1997 Convention on Human Rights and Biomedicine; and if she will make a statement on the matter. [9445/05]

Ireland is not a signatory to the Council of Europe Convention on Human Rights and Biomedicine as there are difficulties with some articles that have implications for the destruction of human embryos. The question of our signing the convention with formal reservations in respect of articles with which we have difficulty has been kept under review.

I expect the report of the Commission on Assisted Human Reproduction very shortly. Cloning and embryo research are among a number of issues that are currently being examined by the commission in the context of its preparation of a report on the possible approaches to the regulation of all aspects of assisted human reproduction and the social, ethical and legal factors to be taken into account in determining public policy in this area. When completed, the commission's report will provide the basis for informing public debate prior to the finalisation of any policy proposals. The question of ratifying the convention will be examined in the light of the outcome of that debate.

Departmental Reviews.

Fergus O'Dowd

Question:

28 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if she intends to implement any recommendations made in a report (details supplied), if so, if she will report on the recommendations she intends to implement; and if she will make a statement on the matter. [9485/05]

Fergus O'Dowd

Question:

58 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if, as recommended by a report (details supplied), she intends to radically review the expenditure under the medical card and other State medical schemes, including the long-term illness and drug refund schemes; if so, when she intends to carry out such a review; and if she will make a statement on the matter. [9484/05]

Joe Costello

Question:

105 Mr. Costello asked the Tánaiste and Minister for Health and Children her views on the recently published Review of Governance and Accountability Mechanisms in the General Medical Service (details supplied), particularly in regard to its findings on the issuing of medical cards to the over 70s; the action, she intends to take on foot of the report’s findings; and if she will make a statement on the matter. [9402/05]

I propose to take Questions Nos. 28, 58 and 105 together.

The review was commissioned by my Department with a view to analysing governance and accountability mechanisms in the general medical service, GMS, schemes, the respective roles of the Department, former health boards and the former GMS payments board in the operation of the schemes, and issues relating to the increasing cost trends in the GMS generally. Since the review was completed a number of important reforms have taken place in the health sector to give effect to a number of its recommendations.

The establishment of the Health Service Executive on 1 January 2005 has given a practical effect to the recommendations in relation to governance and financing of the GMS schemes, through the creation of a unified management structure for the general medical service. All aspects of the management and operation of the schemes will now be through the primary, community and continuing care and shared services directorates of the executive.

Specific recommendations of Deloitte & Touche which are being advanced under the auspices of the HSE include: a programme to introduce a national client index. This index will avoid the data integrity issues which came to light at the time of the extension of medical card eligibility to all over 70s; and a programme to standardise the business processes around the medical card scheme and to examine the ICT and technical requirements for the modernisation of this scheme. This will also be extended to the community drugs schemes.

The HSE will provide a unified structure to standardise the business processes and provide the necessary technical support structures. Both programmes are being led by a dedicated team of HSE officials under the auspices of the national schemes modernisation group.

In response to the recommendations regarding the need for improved financial forecasting procedures for the GMS schemes, the forecasting model has been adapted by the HSE shared services — primary care reimbursement service to allow for three-year forecasting.

In the light of the recommendations regarding the cost of the GMS, further detailed ongoing analysis is being carried out by my Department in conjunction with the Department of Finance, and with the assistance of the former GMS payments board, now the HSE shared services — primary care reimbursement service to identify policy options for managing the unsustainable growth in expenditure recorded in the schemes, including the cost implications of the decision to extend medical card eligibility to all over 70s.

In addition, the then Minister for Health and Children in February 2004 established a national drugs prescribing group to evaluate proposals in relation to the control of drugs costs contained in the review and other reports, for example, Brennan, to determine their feasibility and early delivery as part of the health reform agenda.

These exercises will form the basis for initiatives to control costs in the context of the overall care strategy. All aspects of the drug delivery system from the manufacturer to the patient are currently under review. This, along with the two reports mentioned above, will form an important ongoing input into the determination of policy priorities for the GMS schemes and for their cost-effective management by the HSE.

Independent Reviews.

Róisín Shortall

Question:

29 Ms Shortall asked the Tánaiste and Minister for Health and Children the position regarding her consideration of the report of the pharmacy review group; and if she will make a statement on the matter. [9426/05]

The pharmacy review group submitted its report to the previous Minister for Health and Children on 31 January 2003 and it was published in February 2004. The Deputy will appreciate the complex issues which the review group's report raised and the need for careful and considered deliberations on its recommendations. I intend to bring proposals to Government on the development of a modern framework for pharmacy in the near future.

Question No. 30 answered with QuestionNo. 19.

Diabetes Incidence.

Pádraic McCormack

Question:

31 Mr. McCormack asked the Tánaiste and Minister for Health and Children the steps she intends to introduce to prevent and to treat diabetes in view of the fact that the incidence of diabetes in Ireland is set to double by the year 2020; and if she will make a statement on the matter. [9452/05]

Pádraic McCormack

Question:

65 Mr. McCormack asked the Tánaiste and Minister for Health and Children her views on whether the prevention and treatment of diabetes here is up to international standards; and if she will make a statement on the matter. [9455/05]

Gay Mitchell

Question:

74 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children her views on whether there is an adequate number of doctors, nurses and dieticians in the health system to deal with diabetes patients; if she has plans to improve this area; and if she will make a statement on the matter. [9451/05]

I propose to take Questions Nos. 31, 65 and 74 together.

Diabetes mellitus is an important public health condition which has become more common in developed countries over recent years due to an ageing population and lifestyle factors. There is, however, scope for prevention where good integration between primary and secondary care services and multi-disciplinary working is considered key to enhancing the quality of life of individuals with diabetes.

In 2004, the Minister for Health and Children established a national diabetes group chaired by the chief medical officer to review diabetes and make recommendations for future service needs including preventive initiatives. The group has received a number of submissions and reviewed the international experiences relating to the prevention and management of diabetes. People with diabetes are diagnosed and treated in a number of different settings within our health services. A key requirement is a patient-centred model in which diabetes services are planned and delivered across the traditional, professional and organisational boundaries to focus on meeting patients' needs. This also applies to the prevention of diabetes and its complications. The diabetes strategy will provide a framework for the delivery of diabetes services within the HSE and it is proposed to enter into consultation with the executive as to the most appropriate way to progress this issue.

Hospital Charges.

Kathleen Lynch

Question:

32 Ms Lynch asked the Tánaiste and Minister for Health and Children if her attention has been drawn to recent figures produced by the Central Statistics Office showing that hospital service charges have risen by almost 60% in three years, more than ten times the rate of inflation; if her attention has further been drawn to the hardship that can be created by such huge increases in charges; the steps she intends to take to address this situation; and if she will make a statement on the matter. [9409/05]

On 1 January 2005, the public hospital statutory inpatient charge was increased by €10 to €55 per night, subject to a maximum of €550 in any 12 consecutive months. The charge for a visit to an accident and emergency department was also increased by €10 to €55. This increase in the accident and emergency charge will facilitate more appropriate attendances at accident and emergency units by reducing an incentive for people to attend accident and emergency when they might appropriately receive services from general practitioners.

The charges do not apply to a number of categories of person, including those with full eligibility, women receiving services in respect of motherhood, children up to the age of six weeks and children suffering from prescribed long-term diseases. Additionally, the accident and emergency charge does not apply in circumstances where the person has been referred by a medical practitioner or where the attendance results in a hospital admission.

The daily cost of private and semi-private accommodation in public hospitals was also increased by 25% with effect from 1 January 2005. This income goes towards supporting services in public hospitals. In the interests of equity, it is Government policy to gradually eliminate the effective subsidy for private stays in public hospital beds and relieve the general taxpayers of the burden of carrying these costs. Even with this increase, the cost of providing services to private patients in the major hospitals remains significantly greater than the income from the private insurance companies, in many cases. The increase being implemented is aimed at closing that gap.

Under the Health Act, 1970, determination of eligibility for health services is the responsibility of the Health Service Executive, HSE. It should be noted that where exemptions do not apply and cases of exceptional need arise, the chief officer of the relevant HSE area has discretion to waive the charge where undue hardship would otherwise be caused. It is open to all persons to apply to the Health Service Executive for health services if they are unable to provide these services for themselves or their dependents without hardship.

Hospital Accommodation.

Jan O'Sullivan

Question:

33 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children the number of beds provided to date in regard to the commitment given in the national health strategy to provide an additional 3,000 hospital beds; the hospitals in each case; the projected number that will be provided before the end of 2005; the number of beds lost since 1997 in each such hospital; and if she will make a statement on the matter. [9416/05]

The health strategy contains a commitment that over ten years a total of 3,000 acute beds will be added to the system. In this context funding has already been provided for an additional 900 beds in acute hospitals throughout the country, 700 of which were in place at the end of January 2005. It is envisaged that the remaining 200 beds will open before the end of 2005.

There has been no overall diminution in the number of beds since 1997 in the hospitals mentioned with the exception of orthopaedic beds having been transferred from Our Lady's Hospital, Navan, to Our Lady of Lourdes Hospital, Drogheda, and from Kilcreene Orthopaedic Hospital to Waterford Regional Hospital. It is important to note that the numbers of beds available in any hospital may fluctuate over time depending on service demands and other factors such as seasonal closures and refurbishment. My Department will provide details separately to the Deputy.

In addition extra beds will be provided in the new acute medical units which I announced as part of the accident and emergency services package on the publication of the Estimates for 2005.

Ministerial Responsibilities.

Pat Breen

Question:

34 Mr. P. Breen asked the Tánaiste and Minister for Health and Children her views on the failure of political leadership in her Department between 2000 and 2004. [9517/05]

I take it the Deputy is referring to the subject matter of the Travers report, but I believe his question prejudges any answer I may give. It is a function of the Oireachtas to hold Ministers to account. The House considered the report for two hours on 10 March, including a half an hour of questions to me and to my predecessor as Minister for Health and Children. The Joint Oireachtas Committee on Health and Children has also been asked by Dáil Éireann to consider the report over the next three months. I have given my views already extensively to the House and I remain fully willing to assist the joint Oireachtas committee in its detailed considerations.

Health Service Executive.

John Perry

Question:

35 Mr. Perry asked the Tánaiste and Minister for Health and Children if she will hold the HSE board meetings in public; and if she will make a statement on the matter. [9495/05]

The Health Act 2004 sets out the legislative framework within which the Health Service Executive must operate. It is a matter for the board of the executive to regulate its own procedures and this would include whether its meetings are to be held in public. I have discussed this issue with the chairperson of the board of the executive and he has advised me that, while it is not intended to hold public board meetings, it is intended that the agenda and minutes of board meetings will be made available publicly via the website of the HSE.

The HSE is mindful that access to information and communications generally, in an open and transparent manner, is an important component of best practice in management and governance of the health services. In this context, the Health Act 2004 provides that all statutory reports of the HSE, such as the corporate plan, the national service plan and the executive's annual report must be published on the Internet after having been laid before the Houses of the Oireachtas. The executive is also required to prepare a code of governance for ministerial approval, and must arrange for publication of the approved code.

It is appropriate to point out here that the Act includes a provision relating to attendance by the chief executive officer of the executive before an Oireachtas committee, to give an account of the general administration of the executive. The Act also provides that up to four regional health forums shall be established by the Minister. Each forum has the function of making representations to the executive on the range and operation of health and personal social services provided within its functional area. Details relating to the establishment, composition and operation of the regional health forums will be set out in regulations which are currently in the course of preparation in my Department.

Pursuant to section 79 of the Health Act 2004, my Department is currently preparing regulations relating to the supply by the executive of specified documents or information to, and correspondence with, Members of either House of the Oireachtas.

Health Services.

Michael Ring

Question:

36 Mr. Ring asked the Tánaiste and Minister for Health and Children if the Government has delivered on the 800 additional extended care and community nursing unit places per annum as promised in the national health strategy 2001; and if she will make a statement on the matter. [9491/05]

Damien English

Question:

55 Mr. English asked the Tánaiste and Minister for Health and Children the number of the 600 additional day hospital beds with facilities encompassing specialist areas such as falls, osteoporosis treatment, fracture prevention, Parkinson’s disease, stroke prevention, heart failure and continence promotion clinics, as promised in the national health strategy 2001, which have been delivered; and if she will make a statement on the matter. [9492/05]

John Perry

Question:

86 Mr. Perry asked the Tánaiste and Minister for Health and Children the number of the 700 day care places for the elderly which have been delivered, as promised in the national health strategy 2001; and if she will make a statement on the matter. [9494/05]

Damien English

Question:

102 Mr. English asked the Tánaiste and Minister for Health and Children the number of the 1,370 additional assessment and rehabilitation beds which have been delivered, as promised in the national health strategy 2001; and if she will make a statement on the matter. [9493/05]

I propose to take Questions Nos. 36, 55, 86 and 102 together.

As the Deputy will be aware, 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 part of the executive's responsibility to prepare and submit an annual service plan for my approval, it is obliged under section 31 of the Act to indicate any capital plans proposed by the executive. In this process the executive can be expected to have regard to the full range of potential capital developments, its own criteria in determining priorities, available resources and any other relevant factors.

The Health Service Executive's national service plan is being examined by my Department in consultation with the HSE at present. The information requested by the Deputies is not normally collated in my Department. Accordingly, my Department has requested the national director of primary, community and continuing care of the Health Service Executive to investigate the matters raised and to reply direct to the Deputies.

Children in Care.

John Gormley

Question:

37 Mr. Gormley asked the Tánaiste and Minister for Health and Children if there is a review planned, following the taking into State care by the Health Service Executive of five children (details supplied) with disabilities and the reversal of that order by the District Court a week later; and if she will make a statement on the matter. [9436/05]

It is not appropriate to comment on individual cases. 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 welfare and protection of children and for disability services. My Department, however, has asked the Health Service Executive if they propose to carry out a review of this case and to advise me on the matter.

Health Services.

Trevor Sargent

Question:

38 Mr. Sargent asked the Tánaiste and Minister for Health and Children when the Health Service Executive working group on cystic fibrosis services, which was set up after a report labelled CF services as dangerous will report to her; her views on whether the analysis of the initial report is accurate; and if, in the meantime, she intends to act on the recommendations of the initial report. [9446/05]

Dan Neville

Question:

96 Mr. Neville asked the Tánaiste and Minister for Health and Children her views on the Pollock report into services for cystic fibrosis patients; and if she has examined the need for urgent action to correct the dangerously inadequate staffing levels (details supplied). [9303/05]

I propose to take Questions Nos. 38 and 96 together.

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

The Cystic Fibrosis Association of Ireland commissioned Dr. Ronnie Pollock to review the existing hospital services for people with cystic fibrosis in the context of accepted international standards. Dr. Pollock's report was officially launched earlier this year.

The report provides an assessment of need for current and future cystic fibrosis patients and makes a number of recommendations with regard to the numbers and categories of staff that are appropriate for a modern, multi-disciplinary cystic fibrosis service. The report concluded that cystic fibrosis care should be provided in fewer units of a more significant size so that viable staffing levels can be maintained and to ensure that staff have a sufficient workload to enable them to maintain their skills level.

Following the publication of the Pollock report the Health Service Executive met the Cystic Fibrosis Association of Ireland and agreed to the latter's request to establish a working group to consider the report's recommendations. The group, which includes representatives from the Cystic Fibrosis Association of Ireland and the Health Service Executive, as well as relevant clinicians, will review the current configuration and delivery of services to cystic fibrosis patients, across hospital and community, and make recommendations for improvement and development of services. I understand that the group will hold its first meeting in April.

I also understand that the Health Service Executive is pursuing with St. Vincent's Hospital, which is designated as the national adult cystic fibrosis centre, proposals for improvement to the physical infrastructure of the centre.

Róisín Shortall

Question:

39 Ms Shortall asked the Tánaiste and Minister for Health and Children when a decision will be made on the location of new radiotherapy units in Dublin; and if she will make a statement on the matter. [9425/05]

Denis Naughten

Question:

123 Mr. Naughten asked the Tánaiste and Minister for Health and Children the two centres in Dublin which are to provide radiotherapy services in the eastern region; and if she will make a statement on the matter. [9471/05]

I propose to take Questions Nos. 39 and 123 together.

The Government's policy on radiation oncology is based on the report on the development of radiation oncology services in Ireland. The report recommends that there should be two radiotherapy treatment centres located in the eastern region, one serving the southern part of the region and adjacent catchment areas and one serving the northern part of the region and adjacent catchment areas. The international panel established to advise on the optimum locations for radiation oncology services in the eastern region submitted its advice to me on 28 January last. I intend to reach an early decision in relation to this matter.

Eamon Ryan

Question:

40 Mr. Eamon Ryan asked the Tánaiste and Minister for Health and Children if she plans to promote breastfeeding and enhance breastfeeding support services; and if she will make a statement on the matter. [9443/05]

The health promotion unit of my Department is committed to the promotion, protection and support ofbreastfeeding and has undertaken and supported a number of initiatives in this regard.

A national committee on breastfeeding has been established and is currently in the final stages of developing a national strategic action plan on breastfeeding. This plan aims to create a supportive culture for breastfeeding in Ireland and emphasises the importance of partnership working with all relevant stakeholders. The plan also emphasises the importance of breastfeeding support services and recognises the valuable work being undertaken by voluntary and statutory organisations. An extensive consultation process has taken place and it is hoped to publish the action plan later this year.

Hospital Staff.

Joe Sherlock

Question:

41 Mr. Sherlock asked the Tánaiste and Minister for Health and Children the number of nursing posts unfilled at the latest date for which figures are available; the number of qualified nurses who were offered permanent posts in the acute hospital service during 2004; if her attention has been drawn to warnings from the INO that the number of vacancies would rise to 2,000 over the next 18 months; the number of vacancies of ICU nurses; the hospitals in which these vacancies exist; the number of nursing vacancies in accident and emergency departments and the hospitals in which they exist; the steps being taken to deal with the shortage of nurses; and if she will make a statement on the matter. [9423/05]

According to the most recent Health Service Executive — employer representative division — survey of nursing resources, recruitment remains well ahead of resignations and retirements. Employers reported that 765 vacancies existed at 31 December 2004. The vacancy rate now stands at 2.25%. This could be considered to be a normal frictional rate, given that there will always be some level of movement due to resignations, retirements and nurses availing of opportunities to change employment and locations.

The survey does not collect data on vacancies in individual hospital departments such as accident and emergency or intensive care. Data on the number of nurses offered permanent contracts in acute hospitals is not available, however, the survey found that in the year ending 31 December 2004 a total of 3,949 staff nurses were recruited by health service executive areas, voluntary hospitals and intellectual disability agencies. During the same year 3,131 staff nurses resigned, retired or moved to another employer. An extra 819 nurses were employed in the health service in the year ending 31 December 2004.

The recruitment and retention of adequate numbers of nursing staff has been a concern of this Government for some time. A number of substantial measures have been introduced in recent years. The number of nursing training places has been increased by 70% since 1998 to 1,640 from 2002 onwards. In excess of €90 million revenue funding is being provided in 2005 for undergraduate nurse training. Nursing continues to be regarded as an attractive career. Provisional data indicate that overall CAO applications for nursing in autumn 2005 are 8,155 with 4,869 first preferences — an increase of 3.5% over 2004.

A comprehensive range of financial supports have been introduced to support nurses in pursuing part-time degrees and specialist courses, including back to practice courses. The cost of these supports will be €10 million in 2005.

My Department introduced a scheme of flexible working arrangements for nurses and midwives in February 2001. Under the scheme, individual nurses and midwives may apply to work between eight and 39 hours per week on a permanent, part-time basis. Almost a quarter of all nurses now job share or work part-time hours. Since 1998 nurses have been paid for overtime. Previously, they had been given time off in lieu and the introduction of payment represents a further significant financial incentive for nurses.

The promotional structure within nursing, including the introduction of a clinical career pathway, has been substantially improved on foot of the recommendations of the Commission on Nursing and the 1999 nurses' pay settlement. The National Council for the Professional Development of Nursing and Midwifery has been especially active in this area and, to date, over 1,600 clinical nurse specialist and advanced nurse practitioner posts have been created.

Ensuring that there are sufficient nursing resources in 2005-06 is a priority for the Health Service Executive. This will be the transition year between the diploma and the degree programmes. The final group of diploma students recently graduated with the first group of degree students graduating in 2006. A steering group inclusive of nurse managers and human resources specialists has been established by the HSE to manage recruitment in this period. My Department is also represented on this group. This group will oversee the work of a project office tasked with running local and overseas recruitment campaigns. Work is well underway on the tender process for overseas recruitment. The group is also looking at recruitment practices, including the issue of temporary contracts, and retention initiatives. Additional funding has been provided to the HSE for nursing recruitment in 2005.

Carcinogenic Products.

Mary Upton

Question:

42 Dr. Upton asked the Tánaiste and Minister for Health and Children if she intends to undertake a review of food safety procedures in view of the fact that so many products on sale here have been found to contain the carcinogenic, Sudan Red 1; and if she will make a statement on the matter. [6952/05]

Mary Upton

Question:

59 Dr. Upton asked the Tánaiste and Minister for Health and Children the steps being taken to ensure that all food products containing the banned carcinogenic, Sudan Red 1, are removed from all shops and that consumers are alerted to the dangers from products they may have in their homes containing the substance; and if she will make a statement on the matter. [7052/05]

Trevor Sargent

Question:

129 Mr. Sargent asked the Tánaiste and Minister for Health and Children if she will make a statement on the recent food scare caused by the use of Sudan Red 1 in a variety of foods; and the measures which have been introduced to safeguard against these types of incidents. [6983/05]

I propose to take Questions Nos. 42, 59 and 129 together.

Sudan Red 1 is a synthetically produced red dye normally used for colouring solvents, oils, waxes, petrol and shoe and floor polishes. In May 2003, through the European rapid alert system, authorities across the EU became aware that Sudan Red 1 had been used illegally to enhance the colour of chilli powder and thereby increase its commercial value. The use of colourants in foods is strictly regulated and only those on an approved list can be used and then only under restricted circumstances. Sudan Red 1 is not on an approved list and therefore its use in foodstuffs is banned.

Following the detection of the dye, a risk analysis was conducted and this led to new EU rules which were introduced in July 2003. These rules require that chilli powder imported into the EU must be tested and certified to be free of Sudan Red 1. In addition to the import checks, member states are required to carry out testing of products on the market. The developments at EU level from May to July 2003 had the effect of introducing a more rigorous monitoring system for a dye that was already banned.

The batch of contaminated chilli powder at the centre of the recent food recalls was imported into the UK from India in 2002, prior to the introduction of the protective measures. The contaminated batch was used in the production of Worcester sauce which, in turn, was sold to almost 200 food businesses and used as an ingredient in about 470 food products. Contaminated food products were then distributed to at least 15 countries around the world, including Ireland, and this led to the series of product recalls that we have seen recently.

Following the receipt of information from the Food Standards Agency in the UK regarding the detection of the dye in Worcester sauce, the Food Safety Authority of Ireland, FSAI, worked with Irish food manufacturers, distributors and retailers in order to ensure the immediate removal of any contaminated products from the market. The FSAI is satisfied that in all cases contaminated products were removed from shelves as soon as they were identified. A major media campaign was undertaken by the FSAI to ensure that consumers were informed of the products identified and advised to throw out contaminated products or return them to the shop where they had been purchased. A press release containing the full list of identified products was issued and the FSAI updated the list as further information was received. A measure of the success of this publicity campaign can be seen in the fact that almost 22,000 hits were recorded in a single day on the FSAI website and the consumer help line dealt with in excess of 1,300 phone calls over the period.

I am satisfied that the FSAI acted rapidly and responsibly in the interests of consumers by providing full information and by working with other agencies and the food industry to ensure that affected products were speedily removed from the market. The scale of this recall and withdrawal is unprecedented and, in these circumstances, I believe that the comprehensive and timely response by all concerned, provides clear evidence that our food control systems are sound.

I can confirm that the effectiveness of our food control measures will be kept under continuing review and to this end the FSAI has been asked to undertake an appraisal of the Irish response to the Sudan Red 1 problem to ascertain the lessons, if any, which can be learned.

Ministerial Appointments.

Paul McGrath

Question:

43 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the progress to date on filling the offices of chief executive officer of the HSE and Secretary General of her Department; and if she will make a statement on the matter. [9500/05]

Phil Hogan

Question:

122 Mr. Hogan asked the Tánaiste and Minister for Health and Children the procedures for the appointment of a new chief executive officer for the HSE and a new Secretary General for her Department; and if she will make a statement on the matter. [9521/05]

I propose to take Questions Nos. 43 and 122 together.

The Interim Health Service Executive, iHSE, awarded a contract to PricewaterhouseCoopers, PWC, following a tendering process, to manage the recruitment of the chief executive officer of the Health Service Executive.

In September 2004, Professor Aidan Halligan — deputy chief medical Officer in the UK — was announced as the first chief executive officer of the Health Service Executive. In November 2004 Professor Halligan announced his withdrawal from the process due to personal reasons.

Following a recommendation from the board of the iHSE, the Tánaiste and Minister for Health and Children appointed the executive chairman of the iHSE as interim chief executive of the Health Service Executive with effect from 1 January 2005. The interim chief executive officer will remain in this position until a chief executive officer is appointed.

PWC has continued as the recruitment agency to manage the recruitment of the permanent chief executive officer for the Health Service Executive, HSE, and this recruitment process has been underway since early December 2004.

A recruitment subcommittee of the board of the HSE is responsible for the selection of a CEO. The subcommittee is chaired by Mr. Liam Downey, the chairperson of the board. The recruitment subcommittee met on 18 February to assess progress and decide on a suitable shortlist of potential candidates. Formal interviews were held on 8 and 9 March 2005 and the process remains ongoing. When the recruitment process is complete, the board will recommend a person to me for appointment as CEO of the HSE.

The post of Secretary General in my Department is being filled through a competition process organised by the Top Level Appointments Committee. Final interviews for the post are scheduled to take place on Monday, 4 April 2005.

Hospital Charges.

Caoimhghín Ó Caoláin

Question:

44 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if her Department has records of representations by or on behalf of persons in long-term care who challenged or queried the system of charging between 1976 and 2004 which was found to have no legal basis; the number of such representations and the number for whom charges were discontinued following those representations; and if she will make a statement on the matter. [9302/05]

As the information required by the Deputy covers a period of 28 years, the information requested is not readily available in my Department. I am having the necessary inquiries made in this matter and My Department will revert to the Deputy as soon as possible.

Hospital Services.

Dan Boyle

Question:

45 Mr. Boyle asked the Tánaiste and Minister for Health and Children her views on the recent turning away of many patients from the accident and emergency department of Cork University Hospital, in conditions that the senior accident and emergency consultant described as the walking wounded; and when new accident and emergency facilities will be resourced and come fully into use. [9438/05]

Jim O'Keeffe

Question:

46 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the services which were affected by the recent closure of the accident and emergency department at Cork University Hospital; and if she will make a statement on the matter. [9509/05]

Jim O'Keeffe

Question:

63 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the reason a level one trauma centre for the south was recently closed one Friday morning; and if she will make a statement on the matter. [9510/05]

Brendan Howlin

Question:

98 Mr. Howlin asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the serious situation in Cork University Hospital at which patients had to be turned away due to the fact that there were more than 30 patients awaiting treatment on trolleys or chairs; the steps she intends to take to address this situation; and if she will make a statement on the matter. [9407/05]

Dinny McGinley

Question:

100 Mr. McGinley asked the Tánaiste and Minister for Health and Children if she will make a statement on the recent closure of the accident and emergency department at Cork University Hospital for four hours. [9508/05]

I propose to take Questions Nos. 45, 46, 63, 98 and 100 together.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of services at Cork University Hospital. Accordingly, my Department has requested the chief officer for the executive's southern area to reply to the Deputies directly with the information requested.

Sunbed Usage.

Pat Rabbitte

Question:

47 Mr. Rabbitte asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the call from the Environmental Health Officers Association for the introduction of controls governing the use of sunbeds in view of the established link with skin cancer; if she intends to introduce any such control; and if she will make a statement on the matter. [9422/05]

While my Department has not received any formal contact from the Environmental Health Officers' Association, EHOA, in relation to the issue referred to by the Deputy, I am aware of an article in the EHOA's yearbook 2004-05 raising the issue of whether sunbeds and tanning facilities should be regulated.

My Department supports a range of initiatives organised by the Irish Cancer Society which impact on awareness of the risk factors associated with many cancers, including melanomas. A Sunsmart campaign is organised each year by the society to increase awareness of risk factors for skin cancer. With regard to sunbeds, the society advises that they are not a safe way to tan. In particular, the society advises that people should not use sunbeds if they: have skin which always sunburns with no ability to tan or sunburns quite easily with only an ability to develop a light tan; are less than 18 years of age; have large numbers of moles; tend to freckle; have a history of frequent childhood sunburn; have pre-malignant or malignant skin lesions; have sun damaged skin; are wearing cosmetics as this may increase sensitivity to UV exposure; and are taking medication. In this case, persons should seek advice from their doctor to determine if the medication will make them UV radiation sensitive. This advice is in line with the World Health Organisation recommendations for the management of sunbed operations which incorporate the recommendations of the International Commission on Non-Ionising Radiation Protection.

In January 1996 the Society of Applied Cosmetology, now known as the Irish Beauty Professional Association, issued guidelines on the use of sunbeds. These guidelines incorporated the then advice of the Irish Cancer Society. The association has advised that these guidelines are currently being updated and should be finalised shortly. I have no plans at present to introduce legislative controls in relation to this issue.

Ministerial Responsibilities.

Phil Hogan

Question:

48 Mr. Hogan asked the Tánaiste and Minister for Health and Children the responsibilities of a Minister for State in her Department; the nature of the accountability of same for their special responsibility; and if she will make a statement on the matter. [9522/05]

Under the Health and Children (Delegation of Ministerial Functions) Order 2004, I have assigned and delegated certain departmental functions to my Ministers of State. Such functions reflect their areas of responsibility.

The following functions have been assigned to the Minister of State, Deputy Brian Lenihan, with special responsibility for child care and children's policy: the Adoption Acts 1952 to 1998; the Children Acts 1908 to 1989; the Child Care Act 1991, No. 17 of 1991; the Protections for Persons reporting Child Abuse Act 1998, No. 49 of 1998; the Children Act 2001, No. 24 of 2001; and the Ombudsman for Children Act 2002, No. 22 of 2002.

The following functions have been assigned to the Minister of State, Deputy Tim O'Malley, with special responsibility for mental health, physical, sensory and intellectual disabilities: Part VII of the Mental Treatment Act 1945, No. 19 of 1945; section 41 of the Mental Treatment Act 1961, No. 7 of 1961; section 4 of the Health (Miscellaneous Provisions) Act 2001, No. 14 of 2001; the Mental Health Act 2001, No. 25 of 2001; section 65 of the Health Act 1953, No. 26 of 1953; section 26, 59, 61, 69, 71 and 72 of the Health Act 1970, No. 1 of 1970.

The following functions have been assigned to the Minister of State, Deputy Seán Power, with special responsibility for public health — food safety, medicines and tobacco, health promotion and services for older people: the Irish Medicines Board Act 1995, No. 29 of 1995; section 5, 20 and 51 of the Food Safety Authority of Ireland Act 1998, No. 29 of 1998; the Food Standards Act 1974, No. 11 of 1974; the Sale of Food and Drugs Acts 1875 to 1936; the Milk and Dairies Acts 1935 to 1988; the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978; the Tobacco (Health Promotion and Protection) Act 1988; the Public Health (Tobacco) Acts 2002 and 2004; and sections 6, 7 and 10 of the Health (Nursing Home) Act 1990.

I have also delegated to the Minister of State, Deputy Seán Power, additional responsibilities on an administrative basis as follows: health promotion, including cardiovascular strategy and women's health; drug misuse and HIV/AIDS; contingency planning — health protection; matters relating to the development of services for older people throughout the country; and matters relating to the development of palliative care services throughout the country.

In accordance with section 3 of the Public Service Management Act 1997 I have overall responsibility for the performance of the functions of my Department.

Nursing Home Charges.

Liz McManus

Question:

49 Ms McManus asked the Tánaiste and Minister for Health and Children if, arising from the Travers report, there was any record in her Department regarding the reason the new Minister for Health who took over in March 1987 decided not to proceed with legislation that had been prepared by his predecessor, Mr. John Boland, aimed at regularising the situation in regard to the charging of long stay patients; and if she will make a statement on the matter. [9385/05]

No record has been found in my Department which indicates clearly why the legislative proposals to address the issue of charging of long stay patients put to Government while John Boland was Minister for Health were not proceeded with.

As reported in the Travers report, the Government decision in relation to this matter stated that the proposals concerned were to be addressed "on the basis in so far as is now relevant." Mr. Travers has reported that "at the time of the Government decision, provision was made for further discussion on the matter by the then Taoiseach, the Minister for Health and the Minister for Finance. No record of the content or the outcome of these discussions was made available to me by the Departments of Health and Children, Finance or An Taoiseach and I was informed that no such record exists on their files.".

Ministerial Meetings.

Bernard J. Durkan

Question:

50 Mr. Durkan asked the Tánaiste and Minister for Health and Children if she will report on each and all of the meetings which have taken place between her immediate predecessor and the then Secretary General of her Department; if her attention has been drawn to the nature of the discussions as alleged in a recent Sunday newspaper article just prior to her appointment as Minister; if she has been briefed on the nature of these discussions; and if she will make a statement on the matter. [9490/05]

I regret to inform the Deputy that I cannot report on each and every meeting held between my predecessor as Minister for Health and Children and the Secretary General of my Department. Such meetings would be too numerous to recount and report on, and I have not asked to be briefed on them. It is not uncommon for Secretaries General to talk to previous Ministers in their Department.

I understand that the meeting referred to took place on Monday, 13 December 2004 at the request of the Secretary General who was in the course of preparing a report to me on the issue of public long stay charges for consideration by the Government the next morning. I was briefed about the conversation at this meeting on the following Wednesday.

The terms of reference for the report by Mr. Travers focused on events between 1976 and October 2004, when I sought legal advice from the Attorney General on the public long stay charges. Mr. Travers's report sets out the information which he judged to be relevant to, and within, the terms of reference. I was not party to interviewees' conversations with Mr. Travers other than my own. I cannot say what he was told apart from the information contained in his report.

Nursing Home Charges.

Liz McManus

Question:

51 Ms McManus asked the Tánaiste and Minister for Health and Children if, arising from the Travers report, any investigation has been held in her Department to determine the location of the file prepared by the Secretary General for submission to the Attorney General, but which was never received in the Attorney General’s office, in regard to the illegal charging of long stay patients and, to determine the reason the file was not sent; and if she will make a statement on the matter. [9386/05]

The letter and briefing documents in the file the Deputy refers to were sent to the Attorney General last October at my request following the issue being raised in the House. The original file drawn up in January 2004 containing these documents was not found in the Department despite an extensive search undertaken in January and February this year to facilitate the work of Mr. John Travers on the report I requested. A further search now would not be likely to produce a different result. The reasons the file was not sent are the subject of detailed comment in the Travers report. I have stated to the House that I accept Mr. Travers's assessments wholly and entirely.

Health Services.

Jimmy Deenihan

Question:

52 Mr. Deenihan asked the Tánaiste and Minister for Health and Children when work will commence on the community nursing unit on the grounds of Kerry General Hospital, Tralee, County Kerry; and if she will make a statement on the matter. [9384/05]

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.

As part of the executive's responsibility to prepare and submit an annual service plan for my approval, it is obliged under section 31 of the Act to indicate any capital plans proposed by the executive. In this process the executive can be expected to have regard to the full range of potential capital developments, its own criteria in determining priorities, available resources and any other relevant factors. The Health Service Executive's national service plan is being examined by my Department in consultation with the HSE at present.

Children in Care.

Gerard Murphy

Question:

53 Mr. Murphy asked the Tánaiste and Minister for Health and Children the number of families with children who have autistic behaviour that had care orders issued by health boards or the HSE in the past 12 months; the number who are still in care; and if she will make a statement on the matter. [9524/05]

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, including services for the welfare and protection of children and for disability services. Accordingly, my Department has asked the national director for primary, community and continuing care of the Health Service Executive to investigate the matter and to reply directly to the Deputy as soon as possible.

Influenza Outbreak.

Dan Neville

Question:

54 Mr. Neville asked the Tánaiste and Minister for Health and Children her plans to deal with a possible outbreak of avian flu. [9249/05]

Joan Burton

Question:

83 Ms Burton asked the Tánaiste and Minister for Health and Children the stock of flu vaccines available to deal with any flu pandemic; if it is intended to increase these stocks; when this will be done; if she has satisfied herself that all appropriate steps are in place to deal with any such pandemic; and if she will make a statement on the matter. [9389/05]

I propose to take Questions Nos. 54 and 83 together.

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 which is reviewing and updating Ireland's 2002 influenza pandemic preparedness plan has been reconvened. At its first reconvened meeting, the expert group agreed a programme of work to progress the updating of the pandemic plan. Once finalised the updated plan will be published.

Our 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 underway 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 decided that antiviral drugs should be stockpiled. The expert group reviewed recommendations for the use of antivirals in line with international guidance at its meeting on 24 February 2005. Following consideration of the expert group's advice, I have directed that 1 million treatment packs of oseltamivir — Tamiflu — should be stockpiled. This quantity is sufficient to treat 25% of the population and is in line with international trends. The Health Service Executive has been so advised and procurement arrangements are underway. I am confident that 600,000 packs will have been delivered by the end of this year — this is sufficient to treat 15% of the population. The remaining 400,000 packs will be delivered in 2006.

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.

Question No. 55 answered with QuestionNo. 36.

Nursing Home Charges.

Bernard J. Durkan

Question:

56 Mr. Durkan asked the Tánaiste and Minister for Health and Children her proposals for the repayment of the moneys illegally taken from old age pensioners while in various health board institutions over the past number of years; and if she will make a statement on the matter. [9489/05]

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

Any person who considers that they or a family member may be eligible for repayment may register their interest in advance with the Health Service Executive, by writing to the National Refund Scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly; by e-mailing refundscheme@mailq.hse.ie; or by calling the helpline 1800 777737 during office hours.

Cancer Screening Programme.

Brian O'Shea

Question:

57 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if the treatment purchase fund will be used to allow women in the south and west of the country to have mammograms and have them processed through the already functioning symptomatic breast units; and if she will make a statement on the matter. [9431/05]

Pat Rabbitte

Question:

60 Mr. Rabbitte asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the statement made by a person (details supplied) that the absence of breast screening services in the western regions was leading to a high number of mastectomies among women whose cancer is being detected too late; the steps she is taking to address this situation; when it is expected that the BreastCheck service will be extended to the entire country; and if she will make a statement on the matter. [9421/05]

I propose to take Questions Nos. 57 and 60 together.

I am aware of the benefits of an organised screening programme to detect breast cancer in women. The early detection of breast cancer results in less radical medical and surgical interventions. In that regard, I am confident that the target date of 2007 for the expansion of BreastCheck nationally will be met.

Any woman irrespective of her age or residence who has concerns about breast cancer should contact her GP who, where appropriate, will refer her to the symptomatic services in her area. More than €60 million has been invested in the development of symptomatic breast disease services since 2000. This investment has enabled the appointment of additional surgeons with an interest in breast disease, histopathologists and radiologists to enhance the delivery of breast cancer services nationally.

BreastCheck, having considered a number of options, has advised my Department that the full implementation of the national breast screening programme is the best approach to ensuring that a quality screening programme is available to all women in the target age group throughout the country. The roll out of this programme is a major priority in the development of cancer services. The roll out requires significant capital and human resources, including two static clinical units, mobile screening units, multi-disciplinary consultant teams and radiographers together with technical and administrative support.

A capital investment of €21 million has been approved to construct and equip the two clinical units and to provide for mobile units. The investment will ensure that breast screening and follow up treatment, where appropriate, is available to all women in the target group throughout the country. Pending the provision of the necessary facilities and staff, the national treatment purchase fund would be in a position to source providers who could provide a service along the lines suggested by the Deputy.

Question No. 58 answered with QuestionNo. 28.
Question No. 59 answered with QuestionNo. 42.
Question No. 60 answered with QuestionNo. 57.
Question No. 61 answered with QuestionNo. 19.

Hospital Accommodation.

Enda Kenny

Question:

62 Mr. Kenny asked the Tánaiste and Minister for Health and Children her views on reports (details supplied) that Beaumont hospital has less than 15% of the beds it needs for kidney and pancreatic transplant patients; and if she will make a statement on the matter. [9487/05]

Michael Ring

Question:

106 Mr. Ring asked the Tánaiste and Minister for Health and Children her views on reports (details supplied) that a massive bed, staffing and facility deficit at the country’s kidney transplant unit is forcing patients abroad for treatment; and if she will make a statement on the matter. [9488/05]

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 transplantation services. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to examine the issues raised and to reply to the Deputies directly.

Question No. 63 answered with QuestionNo. 45.

Hospital Services.

Breeda Moynihan-Cronin

Question:

64 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the grave shortfall in services for rheumatology patients; if adequate funds will be provided for early diagnosis and treatment of this condition; and if she will make a statement on the matter. [9411/05]

The number of consultant rheumatologists has increased by one third in the last three years from 16 to 21.5 whole-time equivalents. However, I am aware that difficulties are still being experienced in accessing rheumatology services. At the beginning of February I had a very useful meeting with Arthritis Ireland and representatives of the Irish Society for Rheumatologists when we discussed a range of issues, including the delivery of rheumatology services.

The Health Act 2004 provided for the Health Service Executive, HSE, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf, health and personal social services. The continued expansion of rheumatology services is now a matter for the HSE — national hospitals office. My Department will continue to work closely with the executive to ensure that there is a continued focus on improving the delivery of services for rheumatology patients.

Question No. 65 answered with QuestionNo. 31.

Hospital Staff.

Caoimhghín Ó Caoláin

Question:

66 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the further action she has taken with respect to the inter-related and ongoing problems of services and staffing at Monaghan General Hospital and Cavan General Hospital; and if she will make a statement on the matter. [9301/05]

Seymour Crawford

Question:

78 Mr. Crawford asked the Tánaiste and Minister for Health and Children the steps she has taken with the Health Service Executive dealing with Monaghan General Hospital regarding the unsatisfactory situation and lack of clarification regarding the surgical services which are available and will be provided in the hospital; and if she will make a statement on the matter. [9427/05]

I propose to take Questions Nos. 66 and 78 together.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Accordingly, my Department has requested the director of the national hospitals office at the Health Service Executive to reply directly to the Deputies in relation to the issues raised.

Following the preparation of a report by the Royal College of Surgeons in Ireland, RCSI, regarding surgical services at Cavan General Hospital, my Department recently facilitated a meeting with representatives of the college and the director of the national hospitals office. The issues arising from the RCSI report and other issues relevant to the reconfiguration of services across the Cavan-Monaghan hospital group are being progressed by the director of the national hospitals office.

Question No. 67 answered with QuestionNo. 9.

Medical Cards.

Olivia Mitchell

Question:

68 Ms O. Mitchell asked the Tánaiste and Minister for Health and Children further to the findings of the Supreme Court of 16 February 2005, the cost of the over 70s medical card for each of the years 2001, 2002, 2003, 2004; and if she will make a statement on the matter. [9449/05]

I understand the Deputy is referring to the amounts deducted from persons aged 70 and over in relation to charges in publicly funded long stay care institutions. The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under this 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 HSE to reply directly to the Deputy outlining the amounts deducted from persons aged 70 and over in relation to charges in publicly funded long stay care institutions for the years 2001, 2002, 2003 and 2004.

Cancer Screening Programme.

Ciarán Cuffe

Question:

69 Mr. Cuffe asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the European Parliament resolution on breast cancer, 2003, the third edition of the European code against cancer, 2003, and the European Commission recommendation of 2003 adopted by the Council of Ministers, all calling for the extension of breast cancer screening to all women up to the age of at least 69; if her Department will be extending breast cancer screening to those over 65; if so, the timescale for same; and if she will make a statement on the matter. [9440/05]

I am aware of the recommendations on breast screening contained in the documents referred to by the Deputy. The national breast screening programme currently covers the eastern, north eastern, midland and parts of the south eastern areas of the country. Screening is being offered free of charge to all women in those areas in the target age group 50 to 64 years of age.

The current priority of BreastCheck and my Department is to progress the roll out of breast screening to women in the target age group in the rest of the country. Following the national roll out and when the programme is sufficiently developed and quality assured, consideration will be given to extending the upper age limit.

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

Question No. 70 answered with QuestionNo. 8.

Health Service Reform.

John Deasy

Question:

71 Mr. Deasy asked the Tánaiste and Minister for Health and Children if she is satisfied with the progress of the structural reform programme to date; and if she will make a statement on the matter. [9498/05]

On taking up my current office, as Minister for Health and Children, I have identified the implementation of the Government's health service reform programme among my priorities.

On 11 November 2004, the interim Health Service Executive announced a high level organisational design and structure for the executive. This process is very well advanced and the HSE is currently engaged in completing arrangements for the recruitment of further key personnel at an early date.

Also, in November, I published the Health Bill 2004, which was enacted last December. Arising from this, the executive was established under ministerial order with effect from 1 January 2005. The executive took over responsibility for the management and delivery of health services from the Eastern Regional Health Authority and the health boards. From its establishment day, the functions of the Health Boards Executive, the Health Service Employers Agency, the Office for Health Management, Comhairle na nOspidéal, the National Disease Surveillance Centre, the GMS payments board and the interim Health Service Executive were also subsumed into the executive.

I recently approved a framework for corporate and financial governance for the Health Service Executive. The executive will be required to draft its own code of governance in keeping with this framework which will require ministerial approval. I also recently approved the executive's first ever national service plan for the Irish health system. This plan will be laid before the Houses of the Oireachtas in accordance with the provisions of the Health Act 2004.

Another key element of the structural reforms to be implemented involves the establishment of a health information and quality authority. I recently made a statutory instrument establishing an interim authority whose members will be responsible for making the necessary operational preparations for the authority to be established under primary legislation. It is my intention to bring a Bill before the House before the end of the year to provide for the establishment of the health information and quality authority.

The Hanly report sets out the changes needed in non-consultant hospital doctors, NCHDs, work patterns; a series of reforms in medical education and training; the number of additional consultants needed and how they should work under a significantly revised contract. Implementation of the report's recommendations regarding acute hospital reorganisation had been hampered by the dispute relating to medical indemnity.

While the acute hospitals review group which had been appointed to progress the Hanly proposals will not now proceed, I will continue the planned investment in new hospital facilities, new consultant posts in a team-based system and the organisation of services around hospital networks.

A further important dimension of the reform programme involves the completion of a new organisation design for the Department of Health and Children. The Department will devolve a range of functions to the executive. The restructuring of the Department to implement the organisational design will be carried out in the current year in tandem with the hand-over of agreed functions to the executive.

Work is currently ongoing in my Department in relation to the preparation of separate regulations, pursuant to the Health Act 2004, for the establishment of up to four regional health forums and to cover dealings between the Health Service Executive and members of the Houses of the Oireachtas.

My Department is also working on the preparation of regulations to be made under the Health Act 2004 which will deal with the establishment of a statutory complaints framework. I am satisfied that the achievements and ongoing work referred to represent satisfactory progress in the structural reform programme to date.

Hospital Waiting Lists.

Gay Mitchell

Question:

72 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children the steps she has taken to address the ongoing problem oflengthy waiting lists for new diabetes patients; and if she will make a statement on the matter. [9450/05]

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 diabetes services. Accordingly, my Department has requested the director of the national hospitals office at the Health Service Executive to investigate the matter raised and to reply to the Deputy directly.

Task Force on Alcohol.

Paul Nicholas Gogarty

Question:

73 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if she plans to implement fully the recommendations in the second report of the strategic task force on alcohol; the way in which she plans to do so; and if she will make a statement on the matter. [9441/05]

The Strategic Task Force on Alcohol was established in January 2002. Its remit is to provide specific evidence based measures to Government to prevent and reduce alcohol related harm. The task force published an interim report in May 2002 and a second report in September 2004. Together, the two reports provide approximately 100 evidenced based recommendations which aim to tackle alcohol related harm in this country and are framed on the ten strategy areas for alcohol action outlined in the World Health Organisation European charter on alcohol. I intend to bring the second task force report to Government shortly.

Question No. 74 answered with QuestionNo. 31.

Nursing Home Charges.

Finian McGrath

Question:

75 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the role of the Minister for Health and Children and the Ministers of State at the meeting in December 2003 on the nursing home pensions issue. [7473/05]

Ministers accepted an invitation to attend a joint meeting on 16 December 2003 of the management advisory committee of the Department of Health and Children and health board chief executive offices in order to hear and take part in the exchange of views on the range of issues on the agenda for the meeting and thereby assist them in the discharge of their ministerial functions.

Hospital Services.

Bernard Allen

Question:

76 Mr. Allen asked the Tánaiste and Minister for Health and Children the reason she or her predecessors have not appeared before the Oireachtas Joint Committee on Health and Children to discuss radiotherapy services; and if she will make a statement on the matter. [9515/05]

I am pleased to inform the Deputy that I appeared before the Oireachtas Joint Committee on Health and Children on 3 February last at which a range of cancer related issues, including radiation oncology services, were discussed.

Hospital Accommodation.

Cecilia Keaveney

Question:

77 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the outstanding difficulties being experienced in Letterkenny General Hospital due to an increase in specialisms but no increase in bed capacity; and if she will make a statement on the matter. [9236/05]

Cecilia Keaveney

Question:

113 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the lack of beds in Letterkenny General Hospital, both at the accident and emergency department and in the main hospital, due largely to the rising population and demography of the county; and if she will make a statement on the matter. [9235/05]

I propose to take Questions Nos. 77 and 113 together.

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

Question No. 78 answered with QuestionNo. 66.
Question No. 79 answered with QuestionNo. 9.

Health Services.

David Stanton

Question:

80 Mr. Stanton asked the Tánaiste and Minister for Health and Children the number of social workers or health sector personal social services professionals in each regional health area that are employed to assess children for the crèche supplement; and if she will make a statement on the matter. [6020/05]

The information requested by the Deputy is not available in my Department as the staffing information collected through the health service personnel census is done on the basis of grade and employing agency only. The chief officer of each Health Service Executive area has been requested by my Department to investigate the matter raised by the Deputy and to reply directly to him in relation to it.

Hospital Accommodation.

Seán Ryan

Question:

81 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children the number of long stay public beds available throughout the country on a county basis; and if she will make a statement on the matter. [9429/05]

As the Deputy will be aware, 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 public 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.

Food Dispensers.

Simon Coveney

Question:

82 Mr. Coveney asked the Tánaiste and Minister for Health and Children her views on banning soft drinks and snack food dispensers from State run health institutions; and if she will make a statement on the matter. [9519/05]

I have no current plans to ban soft drinks and snack food dispensers from State run health institutions. The report of the national task force on obesity is due for publication shortly and I await its recommendations.

Question No. 83 answered with QuestionNo. 54.

Health Services.

David Stanton

Question:

84 Mr. Stanton asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 125 of 17 June 2004 if she has satisfied herself that guidelines which were issued in 1985 which prioritise cases based on treatment needed for orthodontic services, have a basis in law; the section of the Act that gives legal underpinning to these guidelines; and if she will make a statement on the matter. [9279/05]

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

The aim of my Department is to promote the development of the treatment capacity of orthodontics in a sustainable way over the longer term. Given the potential level of demand for orthodontic services, the provision of those services will continue to be based on prioritisation of cases based on treatment need, as happens under the existing guidelines. These guidelines were issued in 1985 and are intended to enable health boards, now the Health Service Executive, to identify in a consistent way those in greatest need and to commence timely treatment for them. As such guidelines are issued in the manner of advice to the health boards-authority they do not have a specific statutory basis nor do they require same.

Organ Retention.

Jan O'Sullivan

Question:

85 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children the basis of her decision to close down the Dunne inquiry into the retention of organs of deceased children; her proposals for the completion of the work; if an application for additional resources for the inquiry had been received from the chairman; the Government’s response to this; the date on which she expects the final report to be published; if it is intended to introduce legislation to regulate organ retention and transplants; and if she will make a statement on the matter. [9415/05]

On 1 September 2004 the Government decided that the post mortem inquiry should furnish its final report not later than the 31 March 2005 and that the inquiry would then cease to exist. The chairman of the inquiry has been so advised and I expect to have her final report on or before that date. The chairman had sought approval to appoint additional legal staff to the inquiry team, but approval was not given.

The European Commission is currently considering the question of a directive in respect of organ transplantation, including the issue of consent, and proposes to conduct a thorough scientific evaluation of the situation. It will present a report on its analysis to the Council of the European Union as soon as possible. It is hoped that this will provide the framework for the development of legislation in this area.

In the meantime, it is intended to review organ donation, procurement and utilisation policy in Ireland. This work will inform Ireland's contribution to the discussions in relation to the proposed directive on organs.

Question No. 86 answered with QuestionNo. 36.

Hospital Services.

Michael Noonan

Question:

87 Mr. Noonan asked the Tánaiste and Minister for Health and Children her views on a media report (details supplied) which claimed that she may recommend that a number of provincial hospital satellite centres be established for the provision of radiotherapy, as part of a major reorganisation of services; and if she will make a statement on the matter. [9467/05]

Jack Wall

Question:

95 Mr. Wall asked the Tánaiste and Minister for Health and Children when she will be making an announcement regarding the provision of appropriate transport arrangements for cancer patients requiring radiotherapy; and if she will make a statement on the matter. [9433/05]

Pat Breen

Question:

119 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the recommendations of the radiotherapy report which have been implemented; and if she will make a statement on the matter. [9516/05]

Brian O'Shea

Question:

137 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the provision she has made to provide radiotherapy for terminally ill cancer patients in the last weeks of life who cannot travel and who need it for relief from pain, in view of the fact that these patients make up half of all patients needing radiotherapy; and if she will make a statement on the matter. [9554/05]

John Gormley

Question:

143 Mr. Gormley asked the Tánaiste and Minister for Health and Children her plans to provide access to radiotherapy services for persons in the north west, in particular in Inishowen, County Donegal. [9563/05]

John Gormley

Question:

144 Mr. Gormley asked the Tánaiste and Minister for Health and Children her plans to provide access to palliative radiotherapy services for persons in the north west, in particular in Inishowen. [9564/05]

I propose to take Questions Nos. 87, 95, 119, 137, 143 and 144 together.

The Government's policy on radiation oncology is based on the report on the development of radiation oncology services in Ireland. The report was prepared by a multi-disciplinary group of experts in radiation oncology, medical oncology, public health and palliative care, including representatives of bodies such as the Irish College of General Practitioners, the Irish Cancer Society and Aid Cancer Treatment. The report has had significant international endorsement from such bodies as the US National Cancer Institute and the American Cancer Society.

The Government is determined to ensure access by cancer patients throughout the country to high quality radiation oncology in line with best international standard. Significant progress is being made in implementing the report's recommendations. The short term developments in Cork and Galway will significantly improve access by cancer patients to radiotherapy treatment, including for palliative purposes.

Two additional linear accelerators are being provided at the supra-regional centre at Cork University Hospital, CUH, at a capital cost of over €4 million. The first of these linear accelerators has been installed and the second is expected to be commissioned by the autumn. Last year, approval issued for the appointment of 29 staff for this unit and additional ongoing revenue funding of €3 million to cater for this expansion. Two additional consultant radiation oncologists will be appointed at CUH with sessional commitments to the south eastern and the mid western areas. CUH is also in the process of recruiting other key posts required for the commissioning of the new linear accelerators.

The supra-regional centre at University College Hospital Galway commenced treatments for radiotherapy last week. Last year, approval issued for the appointment of 102 staff for this unit, together with ongoing revenue funding of €12 million to cater for this expansion. Approval issued for the appointment of an additional consultant medical oncologist and three consultant radiation oncologists, two of whom have significant sessional commitments to the north-western and the mid-western areas. Key staffing is in place. The first consultant radiation oncologist has already started and the second is due to take up post on 29 March.

The report recommends that there should be two radiotherapy treatment centres located in the eastern region, one serving the southern part of the region and adjacent catchment areas and one serving the northern part of the region andadjacent catchment areas. The international panel established to advise on the optimum locations for radiation oncology services in the eastern region submitted its advice to me on 28 January last. I intend to reach an early decision in relation to this matter. While the immediate priority is to provide significantly enhanced services in the major population centres of Dublin, Cork and Galway, I will keep the question of networked satellite locations under active review.

The Health Services Executive has significant dedicated transport arrangements in place for radiotherapy patients. The remit of the national radiation oncology coordinating group encompasses recommending measures to facilitate improved access to existing and planned services, including transport and accommodation. The group comprises clinical, technical, managerial, academic and nursing expertise from different geographic regions. The group will also advise on quality assurance protocols and guidelines for the referral of public patients to private facilities.

Pharmacy Regulations.

Emmet Stagg

Question:

88 Mr. Stagg asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the number of trained pharmacists from abroad who cannot practice here although eligible to practice in other EU countries; if she will consider amending the Pharmaceutical Acts in order to deal with this anomaly; and if she will make a statement on the matter. [9413/05]

Council Directive 85/433/EEC provides for the free movement of pharmacists within the European Economic Area, EEA. Under EU Directives 85/432/EEC and 85/433/EEC, any EU/EEA national holding a recognised pharmacy qualification from such a state is entitled to register as a pharmacist in Ireland, in accordance with free movement provisions.

Ireland avails of a derogation under Article 2.2 of 85/433/EEC which gives member states the option of not recognising the qualification of any national of an EU-EEA state who is qualified as a pharmacist in relation to the ownership, management or supervision of a pharmacy that is less than three years old or for the establishment of a new pharmacy. This means that a pharmacist who qualified in another EU-EEA state, and who is a national of such a state, may not own in their own right, operate or manage a pharmacy that is less than three years old.

As recommended by the pharmacy review group I am examining the continued use of the derogation in the context of new pharmacy legislation which will consolidate and modernise the practice of pharmacy in Ireland. This will provide a more comprehensive framework for the supervision and management of pharmacy services.

Question No. 89 answered with QuestionNo. 9

Ministerial Staff.

Thomas P. Broughan

Question:

90 Mr. Broughan asked the Tánaiste and Minister for Health and Children the role and responsibilities of her special advisers, in particular their role in relation to briefing her on issues arising at meetings they attend on her behalf; and if she will make a statement on the matter. [9387/05]

The provisions for the appointment and role of special advisers are clearly set out in section 11 of the Public Service Management Act 1997.

In accordance with that Act, the special advisers in my Department are appointed, inter alia, to assist me in the discharge of my functions as Minister for Health and Children. They are also available to assist me in relation to my role in Government as Tánaiste. It is clear from the Public Service Management Act 1997 that special advisers are not part of the Civil Service line management.

My special advisers brief me on any issues that will come to me for decision arising out of any meetings they attend, whether in the civil service or elsewhere. They do so, not as an alternative to briefing on these issues by civil servants. This has been the practice in relation to special advisers over the life of many governments.

Medical Cards.

Joe Costello

Question:

91 Mr. Costello asked the Tánaiste and Minister for Health and Children the number of medical cards issued at 30 September 2004 and at the latest date for which figures are available; the reason the number of medical card holders continues to decline having regard to the pledge in An Agreed Programme for Government to extend eligibility to bring in another 200,000 persons and the commitment given on the publication of the Estimates for 2005 that 30,000 additional medical cards would be issued from 1 January 2005; the number of the promised 30,000 new medical cards that have been issued since 1 January 2005; and if she will make a statement on the matter. [9401/05]

In September 2004, the number of current medical cards in circulation was 768,895 providing services for 1,151,106 persons or 29.39% of the population of 3,917,203, from the 2002 census. In March 2005, there were 768,316 current cards providing services for 1,144,578 persons or 28.3% of the population of 4,043,800, the official estimate of population at September 2004, which represents a net increase of 1,963 medical cards since February 2005.

Variations in medical card coverage can be attributed to the continued economic success of the country and also to results of the cleansing of medical card databases during 2003 and 2004, in which approximately 104,000 medical card records were removed. Many of the deletions from the database would have been due to normal reviews but a number would have been duplicate or expired records. Regular periodic reviews of eligibility are undertaken by the Health Service Executive to ensure that its medical card databases are accurate.

The implications of my decision to extend medical card coverage, as announced in November, will become apparent as the year progresses. New income guidelines, as agreed by the chief officers of the Health Service Executive, are being used by the local area offices for the determination of eligibility to an additional 30,000 full eligibility medical cards since January 2005. The additional 200,000 doctor visit cards will be introduced progressively from April 2005, once administrative arrangements are in place.

Health Service Reform.

Willie Penrose

Question:

92 Mr. Penrose asked the Tánaiste and Minister for Health and Children if the Government plans to implement the recommendations of the Hanly report; and if she will make a statement on the matter. [9417/05]

I regard the report of the national task force on medical staffing as a significant contribution to the development of acute hospitals services and to the organisation of medical staffing.

The report makes important proposals for reducing the working hours of non-consultant hospital doctors, NCHDs, in line with the European working time directive. It highlights the need to implement changes in medical staffing to ensure safety and quality of patient care, and to reduce significantly the unacceptably long working hours of NCHDs.

Hanly recommends a significant increase in the total number of consultants, working in a consultant-provided, team-based system, so that patients can receive faster access to senior clinical decision making. The Hanly report deals also with medical education and training with particular reference to the changes that will be needed in the context of a 48-hour working week for NCHDs.

In relation to the organisation of hospital services, I consider that the report proposes an appropriate way forward in terms of regional self-sufficiency, investment in hospital services and the organisation of those services around hospital networks. In line with these recommendations, I will continue the Government's planned investment in new hospital facilities and additional consultant posts. I believe that this approach will be to the benefit of all patients.

I believe that the national hospitals office is best placed to build on the recommendations of the Hanly report in relation to hospital services and have asked my officials to progress the issue with officials of the national hospitals office. Mr. David Hanly who chaired the report of the national task force on medical staffing will continue to be available for advice on the reform process.

Implementation of the other recommendations of the report is proceeding. My Department is working closely with the Health Services Executive and other health agencies to implement the measures set out in the report to reduce the average weekly working hours of junior doctors. Negotiations with the Irish Medical Organisation on the reduction in hours are continuing and local implementation groups have been established in nine hospitals as part of an agreed pilot process.

While consultant contract negotiations are paused pending resolution of issues related to medical indemnity arrangements, significant preparatory work has been undertaken on a draft consultant contract and management position paper.

The implications of the required changes for post-graduate medical education and training are being examined by the medical education and training group that was originally established as part of the national task force on medical staffing.

Hospital Charges.

Eamon Gilmore

Question:

93 Mr. Gilmore asked the Tánaiste and Minister for Health and Children if her attention has been drawn to recent figures produced by the Central Statistics Office showing that hospital charges have risen by 59.9% in three years, more than six times the rate of inflation; her views on whether such a level of increase is justified; if her attention has been drawn to the hardship that such a level of increase has created; the action she intends to take to address this situation; and if she will make a statement on the matter. [9403/05]

On 1 January 2005, the public hospital statutory inpatient charge was increased by €10 to €55 per night, subject to a maximum of €550 in any 12 consecutive months. The charge for a visit to an accident and emergency department was also increased by €10 to €55. This increase in the accident and emergency charge will facilitate more appropriate attendances at accident and emergency units by reducing an incentive for people to attend accident and emergency when they might appropriately receive services from general practitioners.

The charges do not apply to a number of categories of person, including those with full eligibility, women receiving services in respect of motherhood, children up to the age of six weeks and children suffering from prescribed long term diseases. Additionally, the accident and emergency charge does not apply in circumstances where the person has been referred by a medical practitioner or where the attendance results in a hospital admission.

The daily cost of private and semi-private accommodation in public hospitals was also increased by 25%, with effect from 1 January 2005. This income goes towards supporting services in public hospitals. In the interests of equity, it is Government policy to gradually eliminate the effective subsidy for private stays in public hospital beds and relieve the general taxpayers of the burden of carrying these costs. Even with this increase, the cost of providing services to private patients in the major hospitals remains significantly greater than the income from the private insurance companies, in many cases. The increase being implemented is aimed at closing that gap.

Under the Health Act 1970, determination of eligibility for health services is the responsibility of the Health Service Executive, HSE. It should be noted that where exemptions do not apply and cases of exceptional need arise, the chief officer of the relevant HSE area has discretion to waive the charge where undue hardship would otherwise be caused. It is open to all persons to apply to the Health Service Executive for health services if they are unable to provide these services for themselves or their dependants without hardship.

Health Services.

Joe Sherlock

Question:

94 Mr. Sherlock asked the Tánaiste and Minister for Health and Children the number of cases of mumps reported to date in 2005; the way in which this compares with the same period in 2004; if she is satisfied that appropriate procedures are in place to prevent the spread of this condition; and if she will make a statement on the matter. [9424/05]

The MMR vaccine protects against measles, mumps and rubella and, in accordance with the recommendations of the immunisation advisory committee of the Royal College of Physicians of Ireland, can be administered to children between 12 to 15 months. A vaccine uptake rate of 95% is required in order to protect children from the diseases concerned and to stop the spread of the diseases in the community.

Mumps data provided by the health protection surveillance centre of the Health Service Executive, formerly the national disease surveillance centre, indicate that 190 mumps cases were reported for weeks one to ten of 2005, that is, up until 12 March 2005. Six cases were reported for the same period in 2004. There has been increased mumps activity throughout the country since October 2004.

A national outbreak control team, OCT, was convened at the beginning of the outbreak on 3 November 2004. Members of the OCT include representatives from the health protection surveillance centre, HPSC, Health Service Executive areas, department of public health, and the programme for action for children, PAC, and my Department. The strategies agreed by the OCT to ensure the protection of all children and young persons up to the age of 23 years against mumps are as follows: to raise awareness and improve case reporting, by laboratories and clinicians; to improve information available on reported mumps cases through enhanced reporting, laboratory confirmation, hospitalisation data, complications, vaccinations status, contact with a case; to provide bi-weekly detailed reports on the extent of the outbreak, number of cases reported, risk factors for infection, vaccination status, and laboratory confirmation of disease. This information is disseminated to all HSE areas, members of OCT and my Department. To encourage vaccination against mumps among all children as part of routine immunisation programme — two doses of MMR are recommended for all children at ages 12 to 15 months and at four to five years. In areas where mumps cases are identified contract tracing is undertaken by local HSE area staff. Identified contacts of mumps cases, who are considered likely to be at risk of infection, due to age of non-vaccination, are recommended MMR vaccine. Dependent on HSE area, when mumps cases are linked to educational settings local strategies for vaccination of at risk students are identified, either through vaccination teams, GPs or student health services. Students in schools, or colleges where outbreaks are occurring are informed about the risk of mumps if they are non-immunised or incompletely immunised and are recommended MMR vaccine. HSE area staff work with the involved institutions to provide information and advice to the student population; and additional MMR has been provided to services requiring it for vaccination programmes.

I take this opportunity to urge all parents to have their children immunised against the diseases covered by the childhood immunisation programme in order to ensure that both their children and the population generally have maximum protection against the diseases concerned.

Question No. 95 answered with QuestionNo. 87.
Question No. 96 answered with QuestionNo. 38.

Health Service Reform.

Bernard Allen

Question:

97 Mr. Allen asked the Tánaiste and Minister for Health and Children if she has read the report of the Irish Society of Medical Oncologists which was submitted to the working group of the Hollywood report; and if she will make a statement on the matter. [9514/05]

The submission referred to by the Deputy was made by the Irish Society of Medical Oncologists to the national cancer forum in the context of the development of a new national cancer strategy and was discussed by the forum at its meeting in May 2003. The working group which prepared the report on the development of radiation oncology services in Ireland, the Hollywood report, completed its deliberations in April 2003. The national cancer forum is the national advisory body on cancer services and is a multi-disciplinary group of experts and includes representatives of all modalities of cancer care. The Hollywood report was discussed and unanimously endorsed by the national cancer forum at its meeting on 17 September 2004 as the framework for the future development of radiation oncology services in this country.

Question No. 98 answered with QuestionNo. 45.
Question No. 99 answered with QuestionNo. 8.
Question No. 100 answered with QuestionNo. 45.
Question No. 101 answered with QuestionNo. 15.
Question No. 102 answered with QuestionNo. 36.

Health Service Staff.

John Deasy

Question:

103 Mr. Deasy asked the Tánaiste and Minister for Health and Children the progress to date on the implementation of the European working time directive; and if she will make a statement on the matter. [9499/05]

As the Deputy will be aware, the provisions of the European working time directive as it relates to the working hours of doctors in training came into force on 1 August 2004. The relevant provisions were transposed into Irish law by way of the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004.

Employers and the Irish Medical Organisation have been engaged in discussions for some time under the auspices of the Labour Relations Commission, LRC, in order to advance proposals to effect a reduction in the working hours of non-consultant hospital doctors, to conform with the provisions of the European working time directive, EWTD. While some progress has been made, much remains to be resolved. The LRC has requested that both parties refrain from engaging in any form of unilateral action for the duration of the negotiation process. As a result, health employers have not acted unilaterally in order to achieve full compliance with the EWTD. In many sites around the country, the introduction of new rosters would facilitate significant progress towards EWTD compliance while maintaining safe patient care and existing levels of service provision. However, health employers, in response to the request of the LRC, are at present awaiting agreement between management and the IMO at national level before proceeding.

The ability of the Health Service Executive to effectively implement the European working time directive for the benefit of all NCHDs is dependent on the full cooperation of the Irish Medical Organisation at both national and local level. This process was delayed for some time in the absence of agreement by the IMO to the establishment of local implementation groups in each hospital and a national implementation group to coordinate and direct the work of the local groups.

Agreement was finally reached with the IMO in late 2004 to the establishment of nine pilot sites. The work by the local groups at these sites is progressing with a view to developing plans for the full implementation of the directive.

Local implementation groups at nine pilot sites are examining local implementation issues and developing plans for the full implementation of the directive. Each local implementation group includes consultants, local representatives of training bodies, NCHDs, nurses, management and other grades. The work of the groups is well underway and it is intended that they will document how measures to reduce or reorganise NCHD hours can best be implemented. Action can then be taken on foot of this information when the industrial relations issues have been resolved. At the current time each group is engaged in or beginning a comprehensive analysis of hospital activity. The data gathered from this exercise will help determine how we begin to reorganise services over a 24 hour day to maintain high quality patient care while achieving compliance with the directive.

In the UK, a similar project, the Hospital at Night project, allowed health employers, the British Medical Association and the training bodies to redefine how medical cover is provided in hospitals during the out-of-hours period, including evenings, weekends and holidays. The project identified the core competencies required to staff the hospitals during the out-of-hours period and used these to develop EWTD compliant staffing models which are clinically sound and acceptable to patients, the public and staff.

Further negotiations on issues relating to industrial relations matters will take place under the auspices of the LRC, aided and informed by the information compiled by these pilot local hospital groups.

In addition, both sides have accepted a proposal made by the LRC on 7 February 2005 for the establishment of a national implementation group, whose membership will include the Department of Health and Children, the Health Service Executive, the Irish Medical Organisation, the Irish Hospital Consultants Association, the Postgraduate Medical and Dental Board, the Medical Council, the postgraduate medical training colleges and representatives of nurses and other healthcare professions. This group will co-ordinate the work of the existing nine pilot hospital local implementation groups, issue agreed guidance on matters related to the implementation of the EWTD and assist in the development of local implementation plans.

Finally, management and the IMO have also agreed to recommence substantive negotiations on the NCHD contract. A meeting in this regard took place on 16 March at the LRC and a further meeting has been arranged by the LRC for 11 April 2005. In this context, I am hopeful that early progress can be made in resolving outstanding issues, so that full implementation of the directive's requirements can proceed without further delay.

Irish Blood Transfusion Service.

Ruairí Quinn

Question:

104 Mr. Quinn asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the recent survey which showed serious morale problems within the Irish Blood Transfusion Service with approximately one third of the staff having concerns regarding the way in which the organisation is being run; if she is satisfied that all appropriate steps are being taken to deal with this situation having regard to the importance of the IBTS; and if she will make a statement on the matter. [9419/05]

I have been informed by the Irish Blood Transfusion Service, IBTS, that the it has implemented a number of initiatives in recent years to improve its human resources, HR, policies. In 2003, a professional organisation was commissioned to review HR structures, policies and procedures. Arising from the review, the IBTS appointed a number of HR professionals including a HR director, employee relations manager and a training and development manager. The review also highlighted a deficiency in policies and procedures and to a great extent this has been addressed with the launch of a HR staff manual in April 2004.

Another initiative was the employee climate survey referred to by the Deputy. This survey of staff attitudes and opinions covered eight subject areas and over 70 issues. The objective of the survey was to identify the strengths, development needs and the areas requiring immediate improvement. The survey was carried out in October 2004. There was a 68% response rate from staff, with half of the respondents adding further comments to the survey forms.

As would be expected with any employee survey, there were positive and negative comments in employees' responses. However, the IBTS was committed to effective and timely follow up to this survey and to taking appropriate measures to deal with the issues highlighted. Accordingly, 14 focus groups were set up, which were led by members of the senior management team with over 60 staff from all grades and locations throughout the organisation participating. These focus groups made 47 recommendations which have been reviewed by a sub group of the senior management team together with members of the IBTS partnership steering group. An action plan has been agreed with the partnership steering group and signed off by the senior management team with set timelines for implementation. The action plan will be monitored on a monthly basis to ensure that the recommendations are being implemented. The IBTS has informed my officials that a copy of the recommendations and action plan will be sent to all staff over the next two weeks.

The results of the survey and the other HR initiatives which I have referred to above will assist the IBTS in meeting the needs and aspirations of employees, giving greater job satisfaction, more thorough communications and reinforcing the belief that they carry out an essential service within the health system.

Question No. 105 answered with QuestionNo. 28.
Question No. 106 answered with QuestionNo. 62.

Health Service Staff.

Tom Hayes

Question:

107 Mr. Hayes asked the Tánaiste and Minister for Health and Children if she has had discussions with the HSE on any health staff ceilings for 2005; the outcome of those discussions; and if she will make a statement on the matter. [9497/05]

I wrote to the interim chief executive officer of the Health Service Executive on 15 February 2005 regarding the employment ceiling for the health service and highlighting the requirement for the executive to ensure compliance with approved employment levels. The letter requested detailed proposals from the executive for securing such compliance consistent with safeguarding front line service delivery and achieving an appropriate balance between clinical and non-clinical employment levels in the health service. I am awaiting receipt of the executive's proposals in this regard.

The need to achieve compliance with approved employment levels has also been underlined by my Department in direct discussions with the HSE's senior management team in the context of the finalisation of the executive's national service plan for 2005.

Question No. 108 answered with QuestionNo. 9.

Hospital Waiting Lists.

Emmet Stagg

Question:

109 Mr. Stagg asked the Tánaiste and Minister for Health and Children the details of the recent hospitals’ progress report on patient waiting times published by the national treatment purchase fund; the way in which this compares with the previous report; and if she will make a statement on the matter. [9414/05]

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 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 regarding the information requested.

Question No. 110 answered with QuestionNo. 9.
Question No. 111 answered with QuestionNo. 15.

Medical Cards.

Seymour Crawford

Question:

112 Mr. Crawford asked the Tánaiste and Minister for Health and Children the number of medical cards which were available to persons in each of Counties Cavan, Monaghan, Louth and Meath in January 1997; the number available in January 2005; the number of medical cards available in County Cork in January 1997; the number available in January 2005; if she has satisfied herself that all means tests have been dealt with in a similar way; and if she will make a statement on the matter. [9428/05]

The number of medical cards which were available to persons in January 1997 and January 2005 is as follows:

County

January 1997

January 2005

Cavan

22,030

18,564

Monaghan

22,497

16,308

Louth

39,821

34,493

Meath

38,645

29,867

Cork

139,370

130,863

Persons are entitled to a medical card where they are unable without undue hardship to arrange for the provision of medical services for themselves or their dependants. In determining eligibility the local area of the Health Service Executive will have regard to the financial circumstances and medical needs of the applicant. Medical cards may be made available by the Health Service Executive where the guidelines are exceeded, for example, in circumstances where there is heavy demand for medical services. However, in all cases the decision is a matter for the chief officer of the relevant area of the Health Service Executive. In assessing a person's eligibility, every aspect of an individual's financial means and medical expenses are carefully examined to ensure that no financial hardship is caused by the Health Service Executive's refusal to grant a medical card in any particular case.

Question No. 113 answered with QuestionNo. 77.
Question No. 114 answered with QuestionNo. 9.

Clinical Indemnity Scheme.

Thomas P. Broughan

Question:

115 Mr. Broughan asked the Tánaiste and Minister for Health and Children the position of negotiations with hospital consultants on the indemnity scheme; and if she will make a statement on the matter. [9388/05]

The principal concern of hospital consultants arising from the clinical indemnity scheme, CIS, has been the risk that some consultants could be left without indemnity cover for claims arising from events which occurred before the inception date of the scheme. In agreeing to establish the CIS the Government decided that the scheme should not cover claims arising from events which preceded its establishment. The justification for this decision was the fact that health boards and hospitals had purchased insurance cover for these events and consultants had paid substantial subscriptions to the Medical Defence Union, MDU, and the Medical Protection Society, MPS, to cover claims against them arising from the same period. In practice the vast bulk of the cost of both forms of indemnity cover was borne by the Exchequer. The Government's position on historical liabilities has been accepted by all of the insurance companies which operated in this market and by the MPS. The only organisation which contested this decision was the MDU which argued that the State should take over some of its historical liabilities. In an attempt to force the Government to alter its position, the MDU has decided to withhold or withdraw indemnity cover from between 25 and 30 of its Irish members. These decisions have caused understandable worry and distress to the doctors concerned, several of whom are retired.

The Government believes that these liabilities are the responsibility of the MDU. The doctors concerned paid the subscriptions set by the MDU. They are not at fault if the MDU did not charge the correct level of subscriptions. It would also be unjust if patients were to be left without compensation because of the unreasonable and unjustifiable behaviour of the MDU. Accordingly in October 2004 I gave an assurance to the Irish Hospital Consultants Association, IHCA, and the Irish Medical Organisation, IMO, that no person who has suffered from a medical mishap in Ireland would be left without compensation and that no consultant would be left without cover in all reasonable circumstances and in accordance with law. In February the Government formally endorsed this assurance and this decision was conveyed to the IHCA and IMO by the Secretary General to the Government. Following receipt of this information the IHCA decided to suspend its threatened industrial action. The IMO has deferred its threatened action for two months. A small number of residual issues relating to the operation of the scheme will be the subject of discussions between my Department, the State claims agency and the medical organisations.

I should point out that the granting of these assurances does not in any way imply that the Government has changed its view that these liabilities are the responsibility of the MDU. This view is shared by the IHCA and the IMO. The Government and the medical organisations are determined to ensure that the MDU will not be allowed to walk away from its obligations to its Irish members. For that reason the assurances given to the consultants cannot be legally binding. I have also given an assurance that the State is willing to support consultants who decide to challenge MDU decisions to leave them without assistance in dealing with personal injury claims. The intention is to exert the maximum pressure on the MDU to honour its obligations to its Irish members and former members.

Hospitals Building Programme.

Paul McGrath

Question:

116 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the stage of development of the old international trading centre site; when the BreastCheck programme for the south is due to be operational from this site; and if she will make a statement on the matter. [9501/05]

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

A capital investment of approximately €21 million has been approved to construct and equip two static clinical units in the South Infirmary, Victoria Hospital, Cork and in University College Hospital, Galway. Design briefs for the capital projects have been completed. It is anticipated that the advertisement for the appointment of a design team will be placed in the EU Journal shortly. I am confident that the target date of 2007 for the expansion of the breast check programme nationally will be met.

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 capital developments at acute hospitals. Accordingly my Department has requested the chief officer for the executive's southern area to investigate the matters raised about progress on overall developments on the site referred to and to reply directly to the Deputy.

Hospital Accommodation.

Seán Ryan

Question:

117 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children her proposals to increase the number of public long stay beds; the projected timetable for implementation of the proposals; if the necessary finance to fund these proposals has been approved; and if she will make a statement on the matter. [9430/05]

As the Deputy may be aware there is a commitment in the national health strategy to provide 1,370 additional assessment and rehabilitation beds and 600 additional day hospital beds with facilities encompassing specialist areas such as falls, osteoporosis treatment, fracture prevention, Parkinson's disease, stroke prevention, heart failure and continence promotion clinics. In addition the strategy proposed the provision of an extra 5,600 extended care community nursing unit places over a seven year period which will include provision for people with dementia. Provision of the above facilities was contingent on the allocation of the necessary resources.

On the publication of the Estimates for 2005 the Tánaiste and Minister for Health and Children announced a ten point plan to relieve ongoing pressure on acute hospital beds and accident and emergency services. Under this plan there are three specific proposals relating to services for older people: an additional 500 older people are to receive intermediate care for up to six weeks in the private sector; 100 high dependency patients are to be transferred from the acute hospitals to private nursing home care; and the home care package scheme is to be expanded to support 500 additional older people who have been discharged from the acute hospital sector to their own home.

The HSE has advertised and invited tenders from interested parties to provide the above services and these are currently being evaluated.

Question No. 118 answered with QuestionNo. 9.
Question No. 119 answered with QuestionNo. 87.

Nursing Home Charges.

John Gormley

Question:

120 Mr. Gormley asked the Tánaiste and Minister for Health and Children to clarify the circumstances surrounding the meeting last December of the then Secretary General of the Department of Health, Mr. Michael Kelly, with the former Minister for Health and Children, Mr. Martin, to discuss the nursing home charges issue; when or whether she was briefed about this meeting; if Mr. John Travers was made aware of this meeting before finalising his report on the issue; and if she will make a statement on the matter. [9435/05]

I understand that the meeting referred to took place on Monday, 13 December 2004 at the request of the Secretary General who was in the course of preparing a report to me on the issue of public long stay charges for consideration by the Government the next morning. I was briefed about the conversation at this meeting on the following Wednesday.

The terms of reference for the report by Mr. Travers focused on events between 1976 and October 2004 when I sought legal advice from the Attorney General on the public long stay charges. Mr. Travers's report sets out the information which he judged to be relevant to and within the terms of reference.

I was not party to interviewees' conversations with Mr. Travers other than my own. I cannot say what he was told apart from the information contained in his report.

Richard Bruton

Question:

121 Mr. Bruton asked the Tánaiste and Minister for Health and Children her views on her Secretary General referring a letter and briefing documents to the Attorney General; her further views on whether it would have been prudent to view this letter before it was sent, if matters of important legal, financial and political consequence could result from it; and if she will make a statement on the matter. [9526/05]

The subject of the Deputy's question is dealt with extensively in the Travers report. I said in my statement to the House on 10 March last that I accept the report's assessments wholly and entirely.

The letter and briefing documents were sent to the Attorney General last October at my request, following the issue being raised in the House. Whenever there is a question mark over the legal basis for any public charge, there are important legal, political and financial issues involved.

From my experience of these instances, officials will seek the Attorney General's advice and brief the Minister to that effect either before or after seeking the advice. In either case important matters such as these should be dealt with quickly and Ministers kept informed.

Question No. 122 answered with QuestionNo. 43.
Question No. 123 answered with QuestionNo. 39.

Organ Retention.

Paul Nicholas Gogarty

Question:

124 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if she will report on the problems that have led to the Dunne inquiry’s repeated failure to meet deadlines; and if she will make a statement on the matter. [9442/05]

The terms of reference of the post mortem inquiry are very broad, requiring it to review post mortem policy, practice and procedure in all hospitals in the State since 1970 with particular reference to organ removal, retention, storage and disposal. The inquiry is also mandated to examine any arrangements with pharmaceutical companies in relation to retained organs including pituitary glands.

The chairman has confirmed that the inquiry has received considerable co-operation from each of the hospitals with which it is dealing and that the inquiry's non-statutory nature has not thus far significantly hampered its substantive work.

Given the scope of the work the chairman has only produced progress reports rather than a substantive report on any aspect of her work. However, in accordance with a Government decision of 1 September 2004 the chairman has confirmed that she will provide her final report on or before 31 March.

Care of the Elderly.

David Stanton

Question:

125 Mr. Stanton asked the Tánaiste and Minister for Health and Children the progress to date on a policy or framework for the future funding of long term care of the elderly; and if she will make a statement on the matter. [6048/05]

The policy of my Department on the care of older people is to maintain them in dignity and independence in their own home for as long as possible in accordance with their wishes, to restore to independence at home those older people who become ill or dependent, to encourage and support the care of older people in their own community by family, neighbours and voluntary bodies and to provide a high quality of hospital and residential care for older people when they can no longer be maintained in dignity and independence at home. Numerous research studies have shown that the vast majority of older people have a preference to remain living in their own home for as long as possible rather than moving into long-stay residential care.

My Department has been encouraging the Health Service Executive to develop personal care packages for older people as an alternative to long-stay residential care. Personal care packages are specifically designed for the individual concerned and could possibly include the provision of a home help service, home subvention payments, arrangements for attendance at a day centre or day hospital and other services such as twilight nursing. Personal care packages allow older persons the option of remaining living in their own home rather than going into long-stay residential care. In addition the HSE provide respite care for older people and this service is seen as an integral part of community support services which are being developed to support older people living in the community.

My Department has established a working group comprising all stakeholders to review the operation and administration of the nursing home subvention scheme following on from the publication of the O'Shea report. The purpose of the review is to develop a scheme which will be transparent, offer a high standard of care for clients, provide equity within the system to include standardised dependency and means testing, be less discretionary, provide both home and nursing home subvention depending on need, be consistent in implementation throughout the country and draw on experience of the operation of the old scheme.

As the Deputy will be aware, the Mercer report on the future financing of long-term care in Ireland, which was commissioned by the Department of Social and Family Affairs, examined issues surrounding the financing of long-term care. A working group chaired by the Department of the Taoiseach and comprising senior officials from the Departments of Finance, Health and Children and Social and Family Affairs has been established following on from the publication of the report. The objective of this group is to identify the policy options for a financially sustainable system of long-term care taking account of the Mercer report, the views of the consultation that was undertaken on that report and the review of the nursing home subvention scheme by Professor Eamon O'Shea. This group has been requested to report to both the Minister for Social and Family Affairs and the Tánaiste by mid 2005. Following this process it is intended that there will be discussions with relevant interest groups on the proposals for the future financing of long-term care for older people.

Health Services.

Jimmy Deenihan

Question:

126 Mr. Deenihan asked the Tánaiste and Minister for Health and Children the measures she proposes to take to alleviate the financial difficulties experienced by rape crisis centres such as that at Tralee, County Kerry; and if she will make a statement on the matter. [5078/05]

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. My Department does not directly fund or co-ordinate health and personal social services to victims of abuse.

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.

EU Presidency.

Liam Twomey

Question:

127 Dr. Twomey asked the Tánaiste and Minister for Health and Children the work carried out by her Department before and during the EU presidency; and if she will make a statement on the matter. [9520/05]

I will set out the work carried out by my predecessor and my Department in regard to the EU Presidency over the period from early 2001 to the end of the Presidency itself. The Government and my Department, in parallel with the other Departments, placed a high priority on achieving a successful EU Presidency for Ireland.

In late 2001, to prepare for the Irish Presidency, interdepartmental co-ordinating committees were established by the Department of Foreign Affairs, and my Department was represented in these fora by the Department's international unit. The information emerging from the various interdepartmental fora was analysed and circulated by the international unit to a range of units within the Department. Also, at this stage consideration was given to the likely staffing and other resource requirements necessary to manage a Presidency programme.

In early 2002, a round table discussion involving the Department's senior managers agreed to the establishment of a Presidency working group, PWG, chaired by the Secretary General and attended by the Minister, senior managers across the Department, both directly and indirectly involved, and the EU section of the international unit. The PWG met monthly at first and then more regularly as required as the Presidency approached. My Department was also involved over this period in ongoing contacts and meetings with the relevant EU Commission directorates-general, Italian and Dutch counterparts, as well as in bilateral meetings at ministerial and official levels whenever requested.

In late 2003, staff and other resources were redeployed or assigned to the Presidency programme then agreed for the health sector. The Department, in co-operation with the CMOD, Department of Finance, addressed the training needs of staff who were identified as being involved in EU business over the course of the Presidency. The Department, as a whole, delivered on releasing additional staff resources when required to Presidency business and events, with this commitment covering the preparatory phase as well as execution phase for events.

Close links were maintained between the international unit and line divisions and the permanent representation, PRB, to the EU in Brussels on an ongoing basis, regarding the scheduling, chairing and participation in working groups and other meetings in Brussels, Luxembourg, Geneva and so forth, as appropriate, in the lead into, and during, the Presidency. This work included close contacts with the Council secretariat and Commission. The relevant line divisions in my Department were responsible for the preparation and management of events specific to their areas, with the international unit and the PRB having a general co-ordination function in addition to managing particular events.

During the Presidency itself, the Minister briefed the European Parliament Committee on the Environment, Public Health and Consumer Policy on 21 January 2004 on the health programme of the Irish Presidency. The major theme of the promotion of cardiovascular health attracted a considerable focus of attention as a Presidency priority. An evidence based expert conference, based on extensive preparatory work by experts, took place in Cork on 24 to 26 February. A second cardiology conference took place on 10 and 11 May on the Agreement of Cardiology Data Standards.

Patient mobility was identified as a priority matter on which to advance deliberations between Health Ministers during the period of the Irish Presidency. The Irish Presidency also contributed on the public health aspects of the Commission's environment and health action plan. An expert workshop led by the Joint Research Centre of the European Commission took place on 22 and 23 April and informed Council conclusions on childhood asthma. An e-health conference, focusing on citizen friendly applications of information and technology in health, with related exhibition and awards and associated closely with the eEurope action plan of the Community, took place on 5 and 6 May.

The Irish Presidency convened a special meeting of EU Health Ministers in Brussels on 12 February to consider the threats to public health in the EU posed by outbreaks of avian flu in the Far East. An informal meeting of Health Ministers was held on 12 May. Ministers followed up on discussions held at the special Ministers meeting on 12 February about improving Community preparedness for dealing with communicable disease threats, including biological events, and held an important discussion on EU patient mobility issues. The Secretary of Health and Human Services in the USA attended and made a presentation to the EU Ministers on the US approach to prevention of cardiovascular diseases and obesity, particularly in young children.

The successful Health Council on 2 June 2004 had an extensive discussion on EU patient mobility and related issues and Council conclusions were adopted on promoting heart health, e-health, influenza pandemic preparedness planning, patient mobility, alcohol and young people and childhood asthma. The Ministers also received reports on progress on Council discussions on proposals on health claims and food fortification.

Ministers agreed at the Health Council on 2 June 2004 to the adaptation of the negotiating mandate of the European Commission regarding the international health regulations of the World Health Organisation. As the EU Presidency, Ireland achieved agreement on a Council decision to allow the Community and its member states ratify the WHO convention on tobacco control. Agreement was achieved under the Irish Presidency on the European Centre for Disease Prevention and Control, an important EU public health proposal. The centre will be located in Stockholm, Sweden.

Other Presidency events included: a tobacco control conference in Limerick on 17 and 18 June to review tobacco control policies in the European Union; the 13th meeting of EU competent authorities for medical devices met under the Irish Presidency in Dublin on 12 and 13 January; the Irish Medicines Board hosted a number of meetings of EU experts and competent authorities; an international food safety conference, under the auspices of the FSAI, on the issue of the harmonisation of official food controls took place on 11 and 12 March; EU chief medical officers met in Dublin on 11 and 12 March where they discussed recent developments in the area of public health in the EU; a meeting of governmental chief nurses took place on 16 April, which facilitated an exchange of views among the participants regarding recent developments; the high level committee on health, which is a body comprised of high level officials from health ministries in member states, accession states and EFTA countries, and which advises the European Commission on public health matters, met in Dublin on 26 and 27 April; a conference on workplace health promotion, WHP, Networking Workplace Health in Europe, took place in June; on 17-18 June the final meeting and conference to launch the outcome of the EU Commission funded project to draw up a European blueprint for action on breastfeeding took place.

The National Children's Office hosted a successful meeting of the intergovernmental group, L'Europe de L'Enfance, on 22 April 2004 in Dublin Castle. Under the auspices of the Irish Presidency, the European social network organised the 12th European social services conference from 16 to 18 June 2004 with the theme of Delivering Quality and Access to Social Care and Health in an Enlarged Europe. The European health insurance card was introduced as and from 1 June 2004 during the Irish Presidency.

Hospital Staff.

Liam Twomey

Question:

128 Dr. Twomey asked the Tánaiste and Minister for Health and Children the number of positions of personnel working in public hospitals here which are funded by pharmaceutical companies; and if she will make a statement on the matter. [9523/05]

The information requested by the Deputy is not available in my Department. Accordingly, my Department has asked the interim chief executive of the Health Service Executive to ascertain the number of positions in public hospitals which are funded by pharmaceutical companies. Once I have received this information I will revert to the Deputy on the matter as quickly as possible.

Question No. 129 answered with QuestionNo. 42.

Nursing Home Charges.

Richard Bruton

Question:

130 Mr. Bruton asked the Tánaiste and Minister for Health and Children if the €2,000 ex gratia payment agreed to be made to persons in publicly funded long stay nursing homes will not affect their long-term entitlement to moneys owing in accordance with the Supreme Court decision; if the duration of payment will be backdated to the date on which these persons first entered long-term stay; and if she will make a statement on the matter. [9547/05]

John Deasy

Question:

151 Mr. Deasy asked the Tánaiste and Minister for Health and Children if a person who accepts the ex gratia payment of €2,000 being offered by the Health Executive Office will be entitled to claim for additional compensation under the national repayment scheme; and if she will make a statement on the matter. [9665/05]

I propose to take Questions Nos. 130 and 151 together.

The ex gratia payment scheme refunded fully eligible persons, who paid for inpatient services in long stay care institutions and who were alive on 9 December 2004, up to €2,000 and payments made under this scheme will be incorporated into the repayment under the national scheme. Full details of the scheme will be announced as soon as possible and it is the intention to make repayments as automatic as possible.

Any person who considers that they or a family member may be eligible for repayment may register their interest in advance with the Health Service Executive by writing to the National Refund Scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly, or e-mail to refundscheme@mailq.hse.ie or by calling the helpline 1800 777737 during office hours.

Question No. 131 answered with QuestionNo. 26.

Hospital Services.

Brian O'Shea

Question:

132 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if her Department’s guidelines for the administration of chemotherapy are being breached due to the failure of her Department to adequately resource oncology services in regard to adequate day wards and designated oncology wards; and if she will make a statement on the matter. [9549/05]

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 delivery of hospital services, including the application of guidelines for the use of cytotoxic medical preparations in the treatment of patients with cancer. The principal element in the implementation of guidelines is the provision of services by medical consultants with appropriate training in cancer chemotherapy.

Since 1997, cumulative additional investment of approximately €720 million in cancer care has led to the appointment of an additional 109 consultants, including 18 medical oncologists, 12 haematologists and over 250 cancer nurse specialists. This investment has ensured that there has been a significant improvement in the range and quality of cancer services generally and in particular in medical oncology and in the provision of oncology drugs.

Question No. 133 answered with QuestionNo. 19.

Cancer Screening Programme.

Brian O'Shea

Question:

134 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if she will make available mammograms for women in Waterford on the basis that there is the capacity to treat them in the symptomatic unit pending the implementation of BreastCheck in Cork; and if she will make a statement on the matter. [9551/05]

Any woman, irrespective of her age or residence, who has concerns about breast cancer should contact her GP who, where appropriate, will refer her to the symptomatic services in her area. More than €60 million has been invested in the development of symptomatic breast disease services since 2000. This investment has enabled the appointment of additional surgeons with an interest in breast disease, histopathologists and radiologists to enhance the delivery of breast cancer services nationally.

BreastCheck, having considered a number of options, has advised my Department that the full implementation of the national breast screening programme is the best approach to ensuring that a quality screening programme is available to all women in the target age group throughout the country. The roll out of this programme is a major priority in the development of cancer services. The roll out requires significant capital and human resources, including two static clinical units, mobile screening units, multi-disciplinary consultant teams and radiographers together with technical and administrative support.

A capital investment of €21 million has been approved to construct and equip the two clinical units and to provide for mobile units. The investment will ensure that breast screening and follow up treatment, where appropriate, is available to all women in the target group throughout the country. I am confident that the target date of 2007 for the expansion of BreastCheck nationally will be met.

Hospital Services.

Brian O'Shea

Question:

135 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the additional services which have been provided in each of the HSE areas for the development of cancer services in 2005; and if she will make a statement on the matter. [9552/05]

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

Brian O'Shea

Question:

136 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her views on whether the provision of a regional cancer care centre is an absolute priority in the south eastern area; and if she will make a statement on the matter. [9553/05]

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 it behalf, health and personal social services. This includes responsibility for the provision of cancer services. Accordingly, my Department has requested the chief officer for the executive's south eastern area to investigate the matters raised and to reply directly to the Deputy.

Question No. 137 answered with QuestionNo. 87.
Question No. 138 answered with QuestionNo. 24.

Community Nursing Units.

Enda Kenny

Question:

139 Mr. Kenny asked the Tánaiste and Minister for Health and Children if she will continue with plans to provide beds in CNUs through public private partnership as announced in July 2002; the reason the southern and eastern regions were chosen for the plan; her estimated costs of the project; and if she will make a statement on the matter. [9556/05]

There have been discussions between my Department and the Department of Finance on the proposal to deliver 850 community nursing unit beds through a public private partnership and the work that has been done so far has helped to clarify a number of issues. The public sector benchmarks prepared for the projects provide a detailed risk adjusted costing of the PPP projects in the southern and eastern regions, where the shortage of long-stay beds is most acute. In accordance with Department of Finance policy the estimated cost of a PPP project is not made available until the preferred bidder has been selected and the contract signed.

It is important that appropriate step down services are available to match the needs of patients who are ready to be discharged from hospital. Following the health Estimates for 2005, I announced that patients awaiting discharge would be accommodated in private nursing home beds for up to six weeks. On discharge from the private nursing home they would go to a nursing home of their choice or to their own home with the support of a home care package. In addition, the home care packages will be extended to support 500 additional older people at home and 100 high dependency patients will transfer to suitable private nursing home care. The provision of additional long stay capacity is required to relieve pressure on the acute hospital and community care programme and I am pursuing the need to deliver such capacity with the Minister for Finance as a matter of high priority.

Health Service Staff.

Jerry Cowley

Question:

140 Dr. Cowley asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 182 of 15 February 2005, the way in which a person (details supplied) in County Mayo can achieve five years work experience if they are unable to obtain employment in the first place with the western area of the Health Service Executive; and if she will make a statement on the matter. [9557/05]

Following the settlement of a High Court action, a revised mechanism for the assessment of chiropodists who wished to practise in the public health service was finalised in early 2003. The High Court settlement laid down the eligibility requirements for access to this revised assessment. These were that an applicant should have at least five years practice in chiropody at the date of application during which period such practice constituted the applicant's principal source of income. The closing date for applications for the assessment process, conducted under the aegis of my Department, was 31 May 2003. In order to be eligible to apply for the assessment, a chiropodist would have had to be in practice at end May 1998. The majority of applicants who were eligible to apply for assessment obtained the requisite five years' experience in private practice. The assessment process concluded early this year. Two significant developments have taken place in recent months that will impact on the assessment of chiropodists wishing to practise in the public health service going forward.

The Health and Social Care Professionals Bill 2004, which provides for the establishment of a system of statutory registration for health and social care professionals, including chiropodists, was published on 27 October 2004 and has commenced its passage through the Houses of the Oireachtas. Under the legislation, the Chiropodists Registration Board will be legally responsible for establishing and maintaining a register of chiropodists going forward.

The Health Act 2004, which provides for the establishment of the Health Service Executive, repealed section 18 of the Health Act 1970 which provided that qualifications for appointment as an officer under a health board had to be approved of or directed by the Minister for Health and Children. Under the 2004 Act, the executive now has responsibility for the appointment of staff, including the determination of eligibility for employment in terms of the assessment of qualifications, skills, knowledge and competence to perform the role required of any particular post.

Health Services.

Róisín Shortall

Question:

141 Ms Shortall asked the Tánaiste and Minister for Health and Children the reason for the inordinate delay in providing a full drug treatment facility in the Finglas area of Dublin as promised nearly ten years ago; the steps being taken to provide this much needed facility; and the timescale involved; and if she will make a statement on the matter. [9561/05]

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 drug treatment services. Accordingly, my Department has requested the chief officer of the northern area to investigate the matter raised and to reply directly to the Deputy.

Jack Wall

Question:

142 Mr. Wall asked the Tánaiste and Minister for Health and Children the position regarding an application by a person (details supplied) in County Kildare in regard to treatment for an optical problem; and if she will make a statement on the matter. [9562/05]

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 County Kildare, 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.

Questions Nos. 143 and 144 answered with Question No. 87.

Nursing Home Charges.

Mary Upton

Question:

145 Dr. Upton asked the Tánaiste and Minister for Health and Children the position regarding the refund of nursing home charges to patients or their estates; the situation for elderly persons who held or hold medical cards, but who occupy private beds; and if she will make a statement on the matter. [9565/05]

My Department is currently studying the Supreme Court judgment on the repayment of charges for publicly-funded long-term residential care in detail and will take on board all the consequences for policy and law arising from the judgment. A special Cabinet sub-committee, comprising the Taoiseach, the Minister for Finance, the Attorney General and myself, has been established to consider the issue of repayment in light of the judgment. Full details of a repayment scheme will be announced as soon as possible and it is the intention to make repayments as automatic as possible. Any person who considers that he or she or a family member may be eligible for repayment may register their interest in advance with the Health Service Executive, by writing to the national refund scheme, HSE midland area, Arden Road, Tullamore, County Offaly, or by e-mail to refundscheme@mailq.hse.ie, or by calling the helpline 1800 777737 during office hours. The Supreme Court judgment of 16 February 2005 related only to charges in public long-stay institutions and publicly contracted beds in private nursing homes.

Mary Upton

Question:

146 Dr. Upton asked the Tánaiste and Minister for Health and Children if the estate of a person (details supplied) will receive a refund following the imposition of nursing home charges during the person’s lifetime. [9566/05]

The Supreme Court judgment of 16 February 2005 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, the Attorney General and the Minister for Health and Children has been established to consider the issue of repayment in the light of the judgment.

Residential Home Charges.

Mary Upton

Question:

147 Dr. Upton asked the Tánaiste and Minister for Health and Children if she will review the current practice of residential homes, such as St. Michael’s House and St. John of God, taking half of their client’s weekly disability allowance; and if she will make a statement on the matter. [9567/05]

The practice of charging or seeking a contribution from clients with a disability in residential care who had income which may include a disability benefit or allowance had been a feature of the health services for many years. Following the Attorney General's advice that there was no legal basis for such charges the health agencies were instructed to stop charging for long-stay care on 9 December 2004. The situation regarding contributions sought, for rent or otherwise, was further clarified by my Department in a letter issued on 23 December 2004. The Health Service Executive has obtained legal advice on these practices which supports the Department's decision in December to cease charging or requiring contributions by eligible persons. My Department is considering the extent to which these practices are affected by the Supreme Court decision of 16 February 2005 and this will be taken into account in the detailed operation of the repayments scheme which I expect to put in place shortly.

Medical Cards.

John McGuinness

Question:

148 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if she will review an application for a medical card which was refused in the name of a person (details supplied) in County Kilkenny with a view to granting the card on the grounds of hardship; and if she will expedite the appeal. [9568/05]

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

Hospital Services.

Liz McManus

Question:

149 Ms McManus asked the Tánaiste and Minister for Health and Children if she has a responsibility to provide maternity services to all women here who need them; and the provision which is made for a woman who cannot reach a maternity hospital in time due to distance; and if she will make a statement on the matter. [9610/05]

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 maternity services. Accordingly, my Department has requested the director of the national hospitals office at the Health Service Executive to investigate the matter raised and to reply to the Deputy directly.

Ambulance Service.

Noel Davern

Question:

150 Mr. Davern asked the Tánaiste and Minister for Health and Children the position regarding the charges by health boards for the use of ambulances in all instances including emergencies; and if she will make a statement on the matter. [9611/05]

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. Responsibility for the issue raised by the Deputy rests with the national hospitals office of the Health Service Executive. Accordingly, my Department has requested the director of the national hospitals office to investigate the matter raised and to reply directly to the Deputy.

Question No. 151 answered with QuestionNo. 130.

Health Services.

David Stanton

Question:

152 Mr. Stanton asked the Tánaiste and Minister for Health and Children the details of the membership of the working group set up to consider the recommendations of the Pollock report on the treatment of cystic fibrosis here; when and the frequency with which this group will meet; the timescales for completing the work of this group; and if she will make a statement on the matter. [9703/05]

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 health services for patients with cystic fibrosis.

The Cystic Fibrosis Association of Ireland commissioned Dr. Ronnie Pollock to review the existing hospital services for people with cystic fibrosis in the context of accepted international standards. Dr. Pollock's report was officially launched earlier this year.

The report provides an assessment of need for current and future cystic fibrosis patients and makes a number of recommendations with regard to the numbers and categories of staff that are appropriate for a modern, multi-disciplinary cystic fibrosis service. The report concluded that cystic fibrosis care should be provided in fewer units of a more significant size so that viable staffing levels can be maintained and to ensure that staff have a sufficient workload to enable them to maintain their skills level.

Following the publication of the Pollock report, the Health Service Executive met the Cystic Fibrosis Association and agreed to the latter's request to establish a working group to consider the report's recommendations. The composition of the working group, and other related issues such as the timescale for completion of its report, are matters for the HSE. Accordingly, my Department has requested the executive to reply directly to the Deputy in relation to these matters.

Medical Cards.

Bernard J. Durkan

Question:

153 Mr. Durkan asked the Tánaiste and Minister for Health and Children the number of medical cards in use; the extent to which this number is expected to increase in the near future; and if she will make a statement on the matter. [9727/05]

On 1 March 2005, there were 768,316 current medical cards providing services for 1,144,578 persons, or 28.3% of the population of 4,043,800 — based on the official estimate of population as at September 2004. The medical card income guidelines were increased from 1 January 2005 and it is estimated that this will increase the numbers eligible for medical cards by approximately 30,000 in a year.

Free access to general practitioner visits under the GMS scheme will be provided to individuals and families based on income guidelines, which may be up to 25% in excess of the new medical card income guidelines. It is estimated that 200,000 persons will become eligible for free GP services under this initiative. The additional 200,000 doctor visit cards will be introduced progressively from April 2005, once the administrative arrangements are in place.

Health Service Staff.

Bernard J. Durkan

Question:

154 Mr. Durkan asked the Tánaiste and Minister for Health and Children the number of consultancy posts at medical or surgical level vacant throughout the health service; her plans to fill these posts; and if she will make a statement on the matter. [9728/05]

Bernard J. Durkan

Question:

155 Mr. Durkan asked the Tánaiste and Minister for Health and Children the number of staff required at medical, surgical and nursing levels throughout the entire health service; her plans to meet such requirements in full; and if she will make a statement on the matter. [9729/05]

Bernard J. Durkan

Question:

158 Mr. Durkan asked the Tánaiste and Minister for Health and Children the number of nursing, medical and surgical vacancies awaiting to be filled; when she expects to be in a position to meet this requirement in full; and if she will make a statement on the matter. [9732/05]

I propose to take Questions Nos. 154, 155 and 158 together.

As regards hospital consultant posts, the National Hospitals Office Comhairle has informed me that on 22 March 2005 the number of approved consultant posts was 1,947 of which 278 were approved and unfilled on a permanent basis. While waiting to be filled on a permanent basis over 50% of these posts are filled by approved temporary appointments. Furthermore, of these 278 posts unfilled on a permanent basis, 238 have been advertised and for these, 79 candidates have been selected to date. This number of 1,947 approved posts shows an increase of 655 since 1997 — a 50% increase in eight years — which is, by any standards, a significant demonstration of this Government's investment in consultants in recent years. The number of unfilled posts is constantly changing due mainly to retirements, replacement and additional posts being approved and the necessarily complex procedure of filling these posts with doctors of the required high standards of qualification and experience.

With regard to nursing posts, according to the most recent Health Service Executive — employer representative division, HSE-ERD, survey of nursing resources, recruitment remains well ahead of resignations and retirements. Employers reported that 765 vacancies existed as at 31 December 2004, a vacancy rate of 2.25%. This could be considered to be a normal rate, given that there will always be some level of movement due to resignations, retirements and nurses availing of opportunities to change employment and locations. Nurse recruitment is a priority for the Government. The HSE-ERD reported that in the year ending 30 September 2004 an additional 561 nurses were employed in the health service and since 1997 over 6,300 additional nurses have been recruited.

The situation with regard to non-consultant hospital doctor, NCHD, posts, based on the most recent HSE-ERD survey of these, is that employers reported that 35 vacancies out of a total of 4,041 posts existed at 15 March 2005, a vacancy rate of less than 1%.

As I have indicated previously to the Deputy, the responsibility for the management of the workforce in a given Health Service Executive, HSE, area lies exclusively with the chief officer of that area. However, in order to improve recruitment and retention prospects my Department has put in place a number of important initiatives to meet the human resource needs of the health services.

Specific human resources initiatives in key areas such as pay rates, improvements in career structure and enhanced opportunities for professional and career development have and will play a part in increasing staffing levels. Overseas recruitment by health agencies has, over recent years, also contributed significantly to meeting the workforce needs of the health services, particularly in the medical, surgical and nursing professions.

The Irish healthcare service is moving towards a system where there is greater skill mix and grade mix involved in the delivery of healthcare services, therefore the ratio of nurses to patients will be lower. In coming years there will be a higher proportion of support workers including healthcare assistants involved in the delivery of care, freeing up nurses and midwives to concentrate more of their time on higher level duties and expanding the scope of their practice.

It is Government policy to substantially increase the number of consultants throughout the next decade. All non-consultant hospital doctors are given the opportunity of proper skills development on the basis that many in this category will become the consultants of tomorrow.

Given the large numbers of staff employed and the unique nature of the services being delivered, a coherent, strategic approach to workforce and human resource planning needs to be developed further. This should be aligned closely with strategic objectives and the service planning process. Planning for the development of new and existing services in the future must be soundly based on a robust and realistic assessment of the skill and human resource needs to deliver these services. Enhanced skills mix by matching skills to service needs benefits patients and empowers health personnel to reach their full potential. This optimises their contribution to quality care.

The continued implementation of the action plan for people management has a crucial role to play in improving retention and reducing the turnover of skilled staff. In addition, the Health Service Executive will be centrally involved in the development of an integrated workforce planning strategy for the health sector.

Cancer Incidence.

Bernard J. Durkan

Question:

156 Mr. Durkan asked the Tánaiste and Minister for Health and Children the extent to which she has evaluated trends in respect of the various forms of cancer on a county basis; if she has considered the cause or causes for higher levels in certain areas and regions; and if she will make a statement on the matter. [9730/05]

The national cancer registry has statutory responsibility for the collation and analysis of information on incidence and prevalence of cancer in Ireland. Reports of the registry have examined variations in incidence of cancer among counties and former health board areas during the period from 1994 onwards. Variations in case numbers, overall or for particular cancers, obviously reflect variations in population size or in population age-structure. Age-standardised rates show less variation, but nevertheless some variation is evident, although for most counties or Health Service Executive areas, rates do not show statistically significant variation from the national average. The main exception is Dublin and the eastern regional area, where incidence rates are higher than the national average for cancers as a whole, and for a number of individual cancers, including lung, breast and prostate cancers. For lung and a number of other cancers, variation is strongly influenced by smoking, which tends to be most prevalent in urban, particularly deprived urban, areas. For breast and prostate cancer, incidence rates may be increased in areas where there are higher levels of screening, for example, breast screening. In general, cancers not strongly influenced by smoking, socio-economic or screening-related factors show less marked variation within Ireland, and any such variation cannot readily be attributed to specific factors without further research into specific cancers. Distinguishing true geographic variation from random or chance variation is also a problem given the small numbers of cases involved at county level for most cancers.

Statistical and epidemiological protocols have been devised to help evaluate small area clusters where higher than normal incidences of cancer are believed to exist. Responsibility for examining such clusters rests with the Health Service Executive in the area.

Hospital Accommodation.

Bernard J. Durkan

Question:

157 Mr. Durkan asked the Tánaiste and Minister for Health and Children the extent to which beds or hospital wards are idle or unoccupied at present; and if she will make a statement on the matter. [9731/05]

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 use of hospital wards and beds. Accordingly, my Department has requested the Health Services Executive-National Hospitals Office to investigate the matter raised and to reply directly to the Deputy.

Question No. 158 answered with QuestionNo. 154.

National Treatment Purchase Fund.

Bernard J. Durkan

Question:

159 Mr. Durkan asked the Tánaiste and Minister for Health and Children the position in regard to waiting lists in respect of hip, heart or eye surgery; and if she will make a statement on the matter. [9733/05]

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 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 regard to the information requested.

Health Services.

Bernard J. Durkan

Question:

160 Mr. Durkan asked the Tánaiste and Minister for Health and Children the extent of child support services available to parents of children with serious behavioural problems; and if she will make a statement on the matter. [9734/05]

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.

Responsibility for the provision of child support services to parents of children with serious behavioural problems rests with the executive. My Department has requested the primary, community and continuing care directorate of the Health Service Executive to investigate the matter raised and to reply directly to the Deputy.

Bernard J. Durkan

Question:

161 Mr. Durkan asked the Tánaiste and Minister for Health and Children her plans to provide enhanced support for the parents of autistic children; and if she will make a statement on the matter. [9735/05]

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 disability services.

As the Deputy may be aware, my colleague, the Minister for Finance, in his 2005 budget made available additional funding in the sum of €55 million for services to persons with an intellectual, physical or sensory disability and those with autism. Additional capital funding of €34 million has also been provided in 2005.

Furthermore, when launching the national disability strategy, the Taoiseach announced the Government's commitment to a multi-annual investment programme for disability specific services over the next five years, details of which were announced on budget day. The investment programme for disability specific services will have a total cumulative value of €900 million for the period 2006-09. It will be a matter for the Health Service Executive to allocate this funding.

Bernard J. Durkan

Question:

162 Mr. Durkan asked the Tánaiste and Minister for Health and Children her plans or the directions she has given to the Health Service Executive to assist parents of children with mild to severe behavioural problems; and if she will make a statement on the matter. [9736/05]

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 plan, manage and deliver, or arrange to be delivered on its behalf, health and personal social services.

Responsibility for the planning and provision of services for children with mild to severe behavioural problems rests with the executive. No ministerial directions have been issued in relation to this matter.

Hospital Services.

Bernard J. Durkan

Question:

163 Mr. Durkan asked the Tánaiste and Minister for Health and Children the full extent of the respiratory and tuberculosis services previously available at Peamount Hospital, Newcastle, County Dublin; the current locations of such services; the replacement services provided at Peamount; and if she will make a statement on the matter. [9737/05]

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

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

Health Services.

Bernard J. Durkan

Question:

164 Mr. Durkan asked the Tánaiste and Minister for Health and Children the method for assessment in respect of orthodontic requirements; the average number deemed to require such services in a single year; the number expected to receive treatment in the same year; and if she will make a statement on the matter. [9738/05]

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

The aim of my Department is to develop the treatment capacity of orthodontics in a sustainable way over the longer term. Given the potential level of demand for orthodontic services, the provision of those services will continue to be based on prioritisation of cases based on treatment need, as happens under the existing orthodontic guidelines.

Under the Health Act 1970, a child is eligible for orthodontic treatment on the basis of defects noted at a school health examination carried out while the child is attending national school. Entitlement to orthodontic treatment is determined by reference to orthodontic guidelines, a set of objective clinical criteria applied by HSE orthodontists when assessing children's priority of need for treatment.

The guidelines were issued by my Department in 1985; they are intended to enable HSE areas to identify in a consistent way those in greatest need and to commence timely treatment for them. Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws; patients in category B have less severe problems than category A patients and are placed on the orthodontic treatment waiting list. Patients in category C have less severe problems than in category B. The number of cases treated is dependent on the level of resources available, in terms of qualified staff, in the area, and this is reflected in the treatment waiting list. In fact, the provision of orthodontic services for patients in category C is currently severely restricted due to the limited availability of trained specialist clinical staff to assess and treat patients. Consequently, a category C waiting list may not be maintained in some HSE areas.

The chief officers of the HSE areas have informed my Department that at the end of the December 2004 quarter there were 9,954 children awaiting orthodontic assessment, 10,953 children awaiting orthodontic treatment and 23,572 children receiving orthodontic treatment in the public orthodontic service.

Nursing Home Subventions.

Róisín Shortall

Question:

165 Ms Shortall asked the Tánaiste and Minister for Health and Children the legal entitlement to nursing home care of a person with a medical card; and the legal basis on which health authorities may refuse a subvention in cases in which a medical card holder has an asset such as a home. [9755/05]

The legal position surrounding long-stay charges in health board institutions is based on a succession of provisions in the Health Acts 1947-2001, various sets of regulations made under those Acts and interpretation of those provisions arising from judgments on particular cases in the courts. Under the current system of eligibility as set down in section 45 of the Health Act 1970, anyone ordinarily resident in the State has either full eligibility, that is, a medical card holder, or limited eligibility regardless of means or financial contribution to the exchequer. Other than for persons over the age of 70 who have full eligibility automatically regardless of means since 1 July 2001, full eligibility is granted on hardship grounds — usually on the basis of low income but sometimes for medical reasons.

The Department has long held the view, based on legal advice, that the Health Act 1970, as amended, distinguished between eligibility and entitlement although the two terms are often used interchangeably. To be eligible means that a person qualifies to avail of services, either without charge — full eligibility — or subject to prescribed charges — limited eligibility. Section 52 of the 1970 Act requires health boards to make available inpatient services for persons with full eligibility and persons with limited eligibility; however the manner and extent to which inpatient services are to be made available and the nature and extent of the inpatient services to be provided are not specified.

The placing of a person in a private nursing home is a private matter between the person or his or her representatives and the nursing home proprietor, as are the fees charged in these facilities. The Health (Nursing Homes) Act 1990 allows for the payment of a subvention towards the cost of such care based on a medical and means assessment. The process used in determining a person's eligibility for subvention is set out in the nursing homes regulations 1993.

Under the regulations the Health Service Executive when considering an application for subvention carries out a means test which takes into account the means of the applicant and his or her spouse-cohabiting partner, where appropriate and the assets of the applicant. The means test is usually carried out by the local community welfare officer and involves looking at the applicant's income for the previous 12 months. Income from all sources is taken into account, including wages, salary, pension, allowances, payments for part-time and seasonal work, income from rentals, investments and savings and all contributions from all sources. Income is assessed net of PRSI, income tax and the health contribution and the income of a married or cohabiting person is taken to be half the total income of the couple. In assessing an applicant's assets the first €7,618 of such assets is disregarded and if their assets, excluding their principal residence exceed €25,740, an application may be refused.

An application for subvention may be refused under section 22 of the Second Schedule of the Nursing Homes (Subvention) Regulations 1993 if the value of the applicant's principal residence is in excess of €95,230 and the residence is not occupied by a spouse, a son or daughter aged less than twenty one years or in full time education or a relative in receipt of the disabled person's maintenance allowance, blind person's pension, disability benefit, invalidity pension, or old age non-contributory pension and the person's income is greater than €6,350 per annum. If the house is not occupied by one of the above listed, then the HSE may impute an annual income equivalent to 5% of the estimated market value of the principal residence. If an applicant's spouse is still resident in their home at the time of application, then that house may not be assessed for subvention purposes.

In the case of the HSE eastern area the practice is to carry out a full financial assessment on the applicant and to assess the value of the property as part of this assessment. If an adult son or daughter aged 21 years or more and not in full-time education only is resident in the house at the time of application and is not in receipt of one of the above listed payments from the Department of Social and Family Affairs, then the house may be assessed for subvention purposes. The HSE may assess the value of any asset or assets transferred from the ownership of the person in the five years prior to the application in assessing the means of the person.

Flood Relief.

Ned O'Keeffe

Question:

166 Mr. N. O’Keeffe asked the Minister for Finance the position regarding the flood relief plans to be put in place in two areas (details supplied) in County Cork. [9622/05]

The Deputy will be aware that the Office of Public Works commissioned consultants in 2002 to carry out feasibility studies to assess flood risk and to develop flood alleviation schemes in the towns of Mallow and Fermoy in County Cork. Engineering reports were completed in late 2003 for both areas. Public information days were held in the spring of 2004 where the proposed works and the phased methods of implementation were outlined for the elected members and the general public.

The proposed scheme in Mallow includes the construction of new walls and embankments, new culverts, lowering of ground levels around Mallow bridge, and some use of demountable structures. The scheme will have flood protection against a one in 100 flood. Phase 1 of the scheme, involving the construction of new culverts in the town and road works on the Park Road, which will be funded by the Office of Public Works and executed by the local authority, is expected to commence in late April of this year. The contractor for these works will be appointed very shortly.

Full public exhibition of the scheme, as required under the Arterial Drainage Acts, is programmed to take place in early June 2005 at which point the public may make observations and comment which will have to be considered before moving to the next stage of the scheme.

The proposed scheme in Fermoy involves the construction of permanent walls and embankments along with the use of extensive demountable structures. The scheme will have flood protection against a one in 100 year flood. Before the Fermoy scheme is built it is essential to have an effective flood warning system in operation and the OPW has commenced this development as part of phase 1 of the scheme. The formal public exhibition of the scheme, as required under the Arterial Drainage Acts, is expected to take place in the autumn of 2005, which is slightly later than anticipated before, but is due to the need to review the hydrological and hydraulic analyses following the severe nationwide flooding in October 2004. Progress of the scheme will depend on the observations received during exhibition.

The timetable for completing all phases of these schemes will depend on the availability of funds and prioritisation of the large number of schemes that are required in various locations.

National Lottery.

Gerard Murphy

Question:

167 Mr. Murphy asked the Minister for Finance the amount of revenue taken in sales by the national lottery on lotto and lottery tickets in County Tipperary for the years 2003 to 2005. [9752/05]

It is not the policy of An Post National Lottery Company to release sales figures for its games at a county or other disaggregated level. However, for most general purposes, it is possible to statistically estimate sales in any county by reference to proportional population in that county. Total national lottery ticket sales in 2003 were €559 million, and in 2004 were €578 million.

Flood Relief.

Ned O'Keeffe

Question:

168 Mr. N. O’Keeffe asked the Minister for Finance when payment of moneys will be issued to business people (details supplied) in County Cork whose premises were damaged by flood waters and who have been waiting for a number of months for such payment. [9605/05]

The humanitarian aid scheme approved by the Government following the serious flooding which affected various locations around the country in late October 2004 was for the relief of hardship arising from the flooding of people's homes. The cases to which the Deputy refers are among a small number of outstanding cases, which are the subject of ongoing consultation with the Irish Red Cross Society.

Ministerial Staff.

Richard Bruton

Question:

169 Mr. Bruton asked the Minister for Finance the roles and functions carried out by any special advisers attached to his Department; if any circulars or instructions have been issued within his Department concerning special advisers, and if so, if he will provide a copy of any such circular. [9606/05]

Richard Bruton

Question:

172 Mr. Bruton asked the Minister for Finance if the special advisers attached to his Department are part of the line management system of his Department. [9650/05]

I propose to take Questions Nos. 169 and 172 together.

By Government order, SI No. 665 of 19 October 2004, Mr. Gerry Steadman has been appointed as my special adviser. Section 11(2)(a) and (b) of the Public Service Management Act 1997 sets out the roles, functions and accountability of special advisers, which include the provision of advice to me on a range of issues, contributing to the achievement of Government objectives relating to my Department and such other functions as I may direct from time to time, in accordance with the Act.

No circulars or instructions have been issued within my Department concerning special advisers. Mr. Steadman is not part of the line management system of my Department.

EU Cohesion Policy.

Ruairí Quinn

Question:

170 Mr. Quinn asked the Minister for Finance if his attention has been drawn to the Dublin-Merseyside declaration which proposes to bring the Dublin Regional Authority and the Merseyside region, with its Liverpool headquarters, closer together; the steps he will take to ensure that the two regions working in partnership can maximise their entitlement to financial, administrative and political support within European regional policy; the operational programmes to which joint applications can be made by both authorities within the context of EU cohesion policy 2007-13; the sections of his Department which are responsible for monitoring these developments; the relations they have with the Dublin Regional Authority; and if he will make a statement on the matter. [9648/05]

I am aware of the declaration of intent by the Dublin-Merseyside regions regarding their desire to establish a programme of mutually beneficial co-operation, and particularly in the context of European Union financing for structural actions during the 2007-13 period. The Minister of State at the Department of Finance, Deputy Parlon, has already met the Dublin Regional Authority to discuss future EU regional development programmes and contact is ongoing.

The Deputy should be aware that current European Commission proposals on future cohesion policy include provision for a general regulation laying down a common set of rules for structural funds during the 2007-13 period, and also a proposal for a completely new regulation allowing for the creation of a cross-border cooperation structure. My Department is representing Ireland at these negotiations. Agreement on the financial perspectives for the 2007-13 period and the structural funds regulations is expected by June of this year.

The proposals provide for three new structural objectives. The first of these is a convergence objective that will be aimed at the less-developed regions and is expected to play a vital role in the new member states. The second proposal is for a regional competitiveness and employment objective that is intended to strengthen regional competitiveness by anticipating economic and social change and supporting innovation.

The third proposal is for a European territorial co-operation objective that it is intended will focus on the levels of cross-border and transnational co-operation, and also for networks for co-operation and the exchange of experiences throughout the Union. In this case the EU Commission will adopt the list of eligible cross-border regions and of transnational co-operation zones, and this will be published when the regulation is agreed.

The whole of the European Union territory is eligible for financing of European co-operation and exchange networks. It is intended that the programming will take account of specific territorial characteristics including those of cities and towns whose role in regional development will be boosted with aid for urban regeneration drawing on the experience of the URBAN community initiative. It should be stressed, however, that the amount of funding proposed by the European Commission for the European territorial co-operation objective is €13.2 billion and that this represents roughly 4% of the total amount of €336 billion proposed for all structural actions during the 2007-2103 period.

My Department will continue to monitor the developments as they unfold in the area of future EU structural policy. However, until such time as the current proposals have been agreed, and the areas of eligibility defined, it will not be possible to make specific proposals in regard to any future structural funds. The concerns of the Dublin region in the context of the Dublin/Merseyside declaration of intent will be taken into consideration in the framing of any future programming proposals.

Ministerial Responsibilities.

Richard Bruton

Question:

171 Mr. Bruton asked the Minister for Finance if he is responsible for the performance of the functions of his Department in accordance with section 3 of the Public Service Management Act 1997. [9649/05]

All members of the Government are Ministers having charge of a Department, and are responsible for the performance of functions that are assigned to the Department, pursuant to the Ministers and Secretaries Acts 1924 to 1995. This is confirmed in section 3 of the Public Service Management Act 1997. As I said in a written reply to Parliamentary Question No. 184 on 9 March 2005, there is also a framework in place in my Department for the assignment of functions under section 4 of the Public Service Management Act 1997.

Question No. 172 answered with QuestionNo. 169.

Communications Masts.

Michael Noonan

Question:

173 Mr. Noonan asked the Minister for Communications, Marine and Natural Resources if her attention has been drawn to any health hazard presented by 3G mobile masts; if she has been consulted by the Minister for Finance regarding the erection of such masts on Government owned property; and if he will make a statement on the matter. [9319/05]

Jan O'Sullivan

Question:

174 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources if her Department has carried out research or acquired information regarding health risks attached to working in a building on which a 3G mobile phone mast has been erected particularly in the context of a decision to allow these masts on Government buildings; and if he will make a statement on the matter. [9337/05]

I propose to take Questions Nos. 173 and 174 together.

The erection of masts on Government property is a matter for the Minister for Finance together with the public sector organisation which is the direct owner of the property concerned. There is no scientific medical evidence that mobile telephone masts, which include 3G mobile phone masts, are injurious to health. Over recent years, more than 25,000 peer-reviewed studies into possible health effects of non-ionising radiation, the class of electromagnetic emissions associated with mobile phone technology, have been published. No definite causal link has been proven between the emissions and any adverse health effect.

Notwithstanding the overwhelmingly clean bill of health given to these technologies compared to other environmental risks which our society willingly accepts, many countries, including Ireland, have adopted a precautionary approach of absence of proof of harm is not proof of absence of harm. By consensus among many countries, guidelines are established for safe levels of exposure to various kinds of electromagnetic emissions. These guidelines are set at levels which are many times less than the experimental levels at which no adverse effects have been established. Ireland has adopted the guidelines established by the International Commission on Non-Ionising Radiation Protection, ICNIRP, and participates in the work of the international committee on electromagnetic safety, which sets standards in this area.

All licensed telecommunications operators in Ireland are required by the terms of their licences to observe the ICNIRP guidelines for limiting exposure of the public to electromagnetic emissions from their facilities. The Commission for Communications Regulation, ComReg, the regulator, conducts audit measurements to verify compliance with these limits. Ireland maintains continuous relevant activity to ensure that public authorities have access to the most up-to-date and relevant information in this area and steps have been taken to ensure that these masts operate within limits which respected international bodies have deemed to provide protection for the public. The siting of individual mobile phone masts is a matter for the relevant planning authorities and my Department has no function in this matter.

The Deputies should be aware that the latest statistics from the Commission for Communications Regulation, ComReg, indicate that the Irish mobile penetration rate now stands at 94%.

John Gormley

Question:

175 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources his views on an anomaly in the planning and development regulations 2001, whereby mobile phone base stations may not be installed on educational facilities, child care facilities or hospitals without planning permission, but may be installed on public or commercial buildings directly adjacent to such facilities without any planning permission; if his attention has been drawn to the fact that this is inconsistent not only with the latest recommendations of the UK independent expert group on mobile phones, but with his own advice to Dáil Éireann in 2004 (details supplied); and if he will make a statement on the matter. [9545/05]

The drafting of planning and development regulations is a matter for the Minister for Environment, Heritage and Local Government. I am not aware of any national or international health advisory authority which has recommended that the siting of telecommunications masts should result in no direct beam falling on school property. It may be that some paper somewhere may have made such a recommendation and if the Deputy can identify any such work I shall have my experts study it and I will make a further statement.

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

The siting of individual mobile phone masts is a matter for the relevant planning authorities and my Department has no function in the matter. I acknowledge that real fears exist amongst certain parts of the community about the health impacts of these masts. I am sympathetic and understanding of these fears and the concerns that underpin them. However, I must point out that I have no scientific data which as yet supports the contention that these masts damage human health. Our policy is to abide by the internationally accepted scientific guidelines that specify maximum acceptable levels of radiation.

The Deputy may be aware that the latest statistics from the Commission for Communications Regulation, ComReg, indicate that the Irish mobile penetration rate now stands at 94%.

Pension Provisions.

Richard Bruton

Question:

176 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources the reason for the delay by his Department in completing its consideration of a case submitted by a person (details supplied) in Dublin 5 regarding their pension; and if he will make a statement on the matter. [9558/05]

An appeals process is underway regarding the issues raised by the pensioner concerned. Legal advice has been sought from the Attorney General's office. Once the advice has been received, the matter can be determined as quickly as possible.

Richard Bruton

Question:

177 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources the reason for the delay in responding to a case submitted in respect of a person (details supplied) in regard to pension entitlements; and if he will make a statement on the matter. [9559/05]

My Department is currently examining the pension entitlements in this case and will contact the person shortly to confirm the position. I will advise the Deputy when a reply has issued.

Inland Fisheries.

Brian O'Shea

Question:

178 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if he will amend the Control of Fishing for Salmon Order 2005 to provide that a licence holder, when applying for the annual licence, can nominate another person to be authorised and named to operate that licence only in the absence of the licence holder due to their being required as a full-time carer; and if he will make a statement on the matter. [9560/05]

The Control of Fishing for Salmon Order 2005, SI No. 72 of 2005, which I signed on 16 February last, authorises the issue of commercial salmon fishing licences by regional fisheries boards and prescribes the criteria under which those licences may be issued. The provisions of this order, which replaces the Control of Fishing for Salmon Order 1980 and subsequent amendments, implement, in as far as possible from a legal perspective, the recommendations made by a joint National Salmon Commission, NSC-National Fisheries Management Executive, NFME, working group aimed at updating and improving the qualifying criteria under which licence applications would be prioritised and assessed by the regional fisheries boards. In this regard, the new order, which was endorsed by the NSC following consultation with the stakeholders whom they represent, reflects best practice in the context of the current management of a licensing system.

The order provides that a licence holder, when applying for the annual licence, can nominate another person to be authorised and named to operate that licence only in the absence of the licence holder due to illness or injury. This provision was a specific recommendation of the joint NSC-NFME working group and, as such, I have no proposals to amend the order further in this regard.

When introducing the Control of Fishing for Salmon Order 2005, I specifically requested that the regional fisheries boards, in implementing the revised licensing regime this year, should report back to me on the operation of the system once the 2005 salmon fishing season has finished. In this context, I intend to keep the Control of Fishing for Salmon Order under review and would be prepared to consider other amendments, aimed at updating and improving the licensing system further, should they be recommended by the regional fisheries boards and the NSC.

Offshore Exploration.

Michael Ring

Question:

179 Mr. Ring asked the Minister for Communications, Marine and Natural Resources his views on whether a person (details supplied) would contradict their earlier opinion and so expose their work to the charge of negligence. [9601/05]

Michael Ring

Question:

181 Mr. Ring asked the Minister for Communications, Marine and Natural Resources his views on whether it is a credible response on his part, to ask a person (details supplied) to review a non-technical version of a QRA they have already passed as being adequate for the requirements of his Department. [9608/05]

I propose to take Questions Nos. 179 and 181 together.

I understand from Shell E&P Ireland Limited that the proposed non-technical summary of the quantified risk assessment, QRA, is intended to provide the general public with a self-explanatory layman's understanding and interpretation. It will not be subject to any assessment by me in the context of Shell's application for consent to install its onshore pipeline.

As I have already stated my Department is at present considering an application for consent to install the onshore pipeline. Both the 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 and 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 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-studies submitted to my Department by the then operator Enterprise Energy Ireland Limited. 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.

Michael Ring

Question:

180 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if he will seek permission from a company (details supplied) to publish the original QRA, in order that a proper comparison can be made between the original as presented to him and the non-technical version. [9607/05]

As the Deputy is no doubt aware from my reply to him on 10 March, Shell E&P Ireland Limited appointed Shell Global Solutions to carry out a peer review on the QRA and any associated reports-studies submitted to my Department by the then operator Enterprise Energy Ireland Limited, EEI, in connection with its application for consent to construct a pipeline in 2001. 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 QRA to review these documents and report to me on all aspects. I intend to publish these reports immediately when available.

Question No. 181 answered with QuestionNo. 179.

Harbours and Piers.

Ned O'Keeffe

Question:

182 Mr. N. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the position regarding the provision of the necessary funding to a local authority to complete urgent refurbishment works at a location (details supplied) in County Cork; and if his attention has been drawn to the fact that this matter has been ongoing for a considerable period of time. [9664/05]

Knockadoon pier is owned by Cork County Council and responsibility for its repair and maintenance rests with the local authority in the first instance.

In July 2003 Cork County Council made an application to the Department for funding to carry out works at Knockadoon slipway at an estimated cost of €94,500. There was no funding available in 2003 or 2004 for these works. The question of providing funding in the 2005-2006 period will depend on the amount of funding available for works at fishery harbours generally and overall national priorities.

Fishing Licences.

Brian O'Shea

Question:

183 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if it is intended to penalise persons found guilty by the courts in the matter of fishing offences in regard to the renewal of commercial drift net salmon licences; and if he will make a statement on the matter. [9669/05]

Under the Fisheries Acts, any person fishing for salmon is permitted to do so only when in possession of a valid salmon fishing licence issued by a regional fisheries board.

Under the Fisheries (Consolidation) Act 1959, as amended by the Fisheries Act 1980, it is a matter for the courts to decide if a person convicted of fishing offences should be disqualified from holding a salmon fishing licence.

Retail Sector Developments.

Richard Bruton

Question:

184 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources the tender procedures which were used for the disposal of retail shops by the ESB to ensure that maximum value was obtained for the public from the disposal of these assets; and his involvement in this decision. [9749/05]

The disposal of retail shops is a matter for the board of the ESB in the first instance. However, the ESB informed me of the outline of the proposed transaction shortly before the meeting on 16 March 2005 at which the board approved, in principle, the sale to Bank of Scotland (Ireland) Limited, BOSI, of its retail outlets. The full details of the proposal are currently under negotiation so, therefore, I am limited in what I can say pending conclusion of that process and taking account of confidentiality agreements between the ESB and BOSI.

I understand from the ESB that, although a tender procedure was not a feature of the proposed transaction, the company is satisfied that it is complying with the requirements of the code of practice for the governance of State bodies. The ESB has also informed me that negotiations have yet to take place on individual and portfolio valuations. The board of the ESB approved the proposed methodology to develop a price and this will be subject to final board approval before the asset disposal. The ESB has also informed me that before the final legal documentation is completed and the final price package for the deal is agreed, each of the retail shops will be independently valued for ESB by a leading nationwide valuer and the separate valuations prepared will form the basis from which the ESB will work in pricing the retail units within the deal package. In this way, the ESB proposes to maximise the value from the disposal of its retail units.

Fishing Licences.

Brian O'Shea

Question:

185 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the statement of the chairman of Stop Salmon Drift Nets Now that a fair and detailed exit scheme that many of the drift net salmon fishermen have worked out would cost only a fraction of the €80 million presented by the Minister as being the cost of a buy out of commercial drift net salmon fishing licences and that the angling and tourism sectors stand ready to participate in financing such a scheme in conjunction with the State (details supplied); and if he will make a statement on the matter. [9750/05]

The Government has consistently ruled out buy-out as an effective means of achieving the restoration of salmon stocks and has instead, since 2002, promoted the application of quotas on commercial fishing and bag limits on angling to achieve catch reductions as the best instrument available to achieve this objective.

Furthermore, no convincing case has been advanced as to the public good that would be acquired by the State in the context of a publicly funded buy-out of commercial salmon licences.

I have previously stated that I believe the cost of buying out commercial salmon drift net licences in Ireland could be as high as €75 million to €80 million based on buy-out proposals which were implemented in recent years in Northern Ireland and the north east of England, where the cost of buying out, not all, but up to 56 licence holders is understood to have cost some £3.25 million.

It is on this basis that I have assessed the cost of a similar voluntary buy-out scheme in Ireland, particularly if such a scheme was to be taken up in full by the drift net operators, 887 licences. This figure would increase substantially if all other commercial fishing nets were to be included. I am sure that the Deputy will agree that buy-out proposals on this scale are not practical and we need to caution against excessive expectations about large amounts of compensation.

While I am aware of reports in certain media by or on behalf of the Stop Salmon Drift Nets Now campaign, I can inform the Deputy that no individuals or organisations have made formal offers to the Department to fund the cost of a buy-out scheme for drift netting licences. Furthermore, I have not seen nor am I aware of any evidence produced indicating that the cost of a buy-out of commercial drift net salmon fishing licences would be anything other than that which I have estimated based on other recent buy-out schemes nor have I been made aware that there are beneficiaries in a position to contribute the necessary funding for such a scheme.

As a result, and as I have previously and consistently indicated to the House, I have no current plans to introduce a buy-out of commercial salmon fishing licences, but I intend to keep the matter under review in the context of the policy outlined above. In this regard, I would be open to any relevant proposals presented to me whereby stakeholders benefiting from any reduction in commercial catch would identify themselves and indicate a willingness to fund any compensation that might arise.

Coastal Protection.

Brian O'Shea

Question:

186 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the urgent need for substantial coastal protection work in County Waterford (details supplied); if he will seek a supplementary estimate in 2005; and if he will make a statement on the matter. [9751/05]

Responsibility for coastal protection rests with the property owner whether it be a local authority or a private individual. In July 2002 the Department requested all coastal local authorities to submit proposals, in order of priority, for consideration in the context of the 2003-2006 national coastal protection programmes. Waterford County Council submitted proposals for coastal protection works at Cunnigar phase 2, estimated at €1 million and this was its number one priority. Ballyvoile phase 1 was the county council's number two priority with an estimated cost of €1.1 million. Its third priority was Helvick, estimated at €0.5 million. Bunmahon was its fourth priority, estimated at €0.5 million. Clonea was fifth, estimated at €0.5 million and Ballyvoile phase 2 was sixth, with an estimated cost of €0.93 million.

Exchequer funding of €270,824.32 had been provided towards design and rock revetment at Cunnigar in 2000 to 2002. Waterford County Council did not submit a proposal in respect of Tramore. However, the Department provided funding of €1,171,927.51 to Waterford County Council in the years 2000 to 2003 towards promenade refurbishment at Tramore. In 2004, €70,902 was provided for emergency works and a diving survey at Helvick pier.

The 2005 coastal protection programme is under consideration at present and the question of seeking a supplementary estimate does not arise at this stage.

Illegal Immigrants.

John Perry

Question:

187 Mr. Perry asked the Minister for Foreign Affairs if his attention has been drawn to the fact that, on many occasions, undocumented Irish persons currently in the United States are not able to travel to Ireland to attend funerals for close family members; the negotiations his Department officials have had with President Bush and US Government officials to make changes in US immigration laws to grant amnesty to allow undocumented immigrants to legalise their status; when he will meet the Irish bishops to discuss this situation; and if he will make a statement on the matter. [9937/05]

John Deasy

Question:

188 Mr. Deasy asked the Minister for Foreign Affairs if he has raised the plight of Irish citizens who are illegally resident in the United States with US authorities; and if he will make a statement on the matter. [9694/05]

I propose to take Questions Nos. 187 and 188 together.

The circumstances of undocumented Irish people in the United States are raised on an on-going basis in our bilateral contacts with US political leaders. Most recently, the issue was raised when the Taoiseach and I met President Bush on St. Patrick's Day. During our meeting, the President re-affirmed his commitment to work with Congress on immigration reform, now that a new Congress was in place. The Taoiseach and I very much welcomed this commitment and emphasised the importance of addressing the situation in a positive and sympathetic way.

I would also like to pay a warm tribute to the work of the Irish episcopal commission for emigrants for the advice and support it gives to our communities overseas. The Irish abroad unit of the Department maintains very close contact with the director of the commission and I am also in contact with its chairman, his Lordship, Bishop Séamus Hegarty.

The Deputies can be assured that the issues of our undocumented citizens and immigration reform have the highest priority for the Government and, reflecting this, for the embassy in Washington and our four consulates general in the United States.

Sports Capital Programme.

Richard Bruton

Question:

189 Mr. Bruton asked the Minister for Arts, Sport and Tourism if his Department has conducted any assessment of the capacity to develop skateboarding as a recreational outlet in Dublin city and other urban centres; and if he will make a statement on the matter. [9598/05]

An assessment of the type proposed by the Deputy would be more appropriately carried out by the local authorities concerned. My colleague, the Minister for the Environment, Heritage and Local Government, Deputy Roche, recently announced a funding scheme for skateboarding. I am not aware of the problems of the particular skateboarding park to which the Deputy refers.

My Department administers the national lottery-funded sports capital programme, which allocates funding to sporting, voluntary and community organisations, schools and local authorities. The programme is advertised on an annual basis.

Applications for skateboarding projects are of course acceptable under the programme, provided that they otherwise meet its terms and conditions. One such application, from Dublin City Council for the provision of a skateboarding park, was received under the 2004 sports capital programme and was successful, receiving a provisional allocation of €100,000.

Applications for funding under the 2005 programme were invited through advertisements in the newspapers on 5 and 6 December last. The closing date for receipt of applications was 4 February 2005. One application was received for a skateboarding project and this, like all applications received before the deadline, is 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.

Swimming Pool Projects.

John McGuinness

Question:

190 Mr. McGuinness asked the Minister for Arts, Sport and Tourism the status of an application for funding in the name of Kilkenny Borough Council to provide a new swimming pool and sports complex; the cost of the project and the maximum grant available; the way in which local authorities are expected to raise the balance; the timeframe for a decision in the case; and if he will make a statement on the matter. [9663/05]

Kilkenny County Council has applied for funding under the local authority swimming pool programme in respect of a proposed replacement swimming pool for Kilkenny. I am pleased to say that I have today approved the preliminary report submitted by the council and this will allow it to prepare the contract documents for the project.

My Department has been advised that the cost of the project is estimated at just over €15 million. The maximum grant available under the programme is €3.8 million. Grant aid is not formally allocated until the tender has been approved for a project.

It is a matter for local authorities to devise funding arrangements, as they see fit, to complement the grant element. Approval for projects in 2005 will depend on a range of factors, including funding available in the Department's subhead for the local authority swimming pool programme, the availability of project financing in the local authority and compliance with technical and procedural requirements at each of the various stages of the process.

Health and Safety Regulations.

David Stanton

Question:

191 Mr. Stanton asked the Minister for Enterprise, Trade and Employment if he has satisfied himself that consumers are not at risk from air fresheners for sale in the State which may contain substances that irritate the respiratory tract or cause cancer; if he has further satisfied himself that air fresheners have undergone toxicology testing before they are put on the market, that advertising and marketing of such products are regulated and that they do not carry misleading messages such as that they purify the air or are a natural product; and if he will make a statement on the matter. [9634/05]

The European Communities (General Product Safety) Regulations 2004 place a requirement on producers and distributors to ensure that the products they place on the market do not pose a hazard to consumers. Enforcement of these regulations is the responsibility of the Director of Consumer Affairs. The director is given authority to ensure that products placed on the market are safe and that producers and distributors of such products comply with their obligations under these regulations and the directive. I am informed that the director is not aware of any risk to consumers from air fresheners on sale in the State.

The principal legislative provisions covering warning labels on dangerous substance and preparation products are set out in the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003, SI No. 116 of 2003 and European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004, SI No. 62 of 2004.

The principal legislative provisions covering the marketing and use of dangerous substances and preparations are set out in the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations 2003, SI No. 220 of 2003, the European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2003, SI No. 503 of 2003, and the European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2004, SI No. 852 of 2004. These regulations, enforced by the Health and Safety Authority, transpose into Irish law and implement the latest EU directives in the dangerous substances and preparations area.

Implementation of the regulations governing the labelling and use of dangerous substances is designed to alert users, in the most effective manner, as to the potential dangers associated with such products and to heighten the general level of awareness of the public in their use of substances of this nature. In addition, the provisions of the Consumer Information Act 1978 prohibit the use of misleading advertising in relation, inter alia, to goods which would result in injury or damage to consumers.

Ministerial Staff.

Phil Hogan

Question:

192 Mr. Hogan asked the Minister for Enterprise, Trade and Employment if the special advisers attached to his Department are part of the line management system of his Department. [9635/05]

The posts of special adviser, policy adviser and press adviser are not part of the line management structure of the Department.

Phil Hogan

Question:

193 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the roles and functions carried out by special advisers attached to his Department; if circulars or instructions have been issued within his Department concerning special advisers; if so, if he will provide a copy of any such circular; and if he will make a statement on the matter. [9636/05]

The special adviser, Mr. Christopher Mannion; policy adviser, Ms Deirdre Gillane; and press adviser, Ms Caitriona Meehan, employed at the Department of Enterprise, Trade and Employment are involved in the provision of advice and assistance to me as Minister. The Department did not issue a formal office notice concerning special advisers. My private secretary issued an e-mail to staff in the Department on 21 October 2004, which outlined the division of responsibilities of the relevant advisers, the details of which are outlined in the following table. The e-mail of 21 October 2004 also requested that when departmental staff are preparing speeches and briefing material for the Minister, they should ensure a copy of the relevant material is also provided to the relevant adviser and the press office.

Christopher Mannion

Deirdre Gillane

Caitriona Meehan

Enterprise & Agencies Division (except overseas enterprise); Labour Force Development Division (except Work Permits); Corporate Services & Economic Policy; Health & Safety Authority Liaison; Finance; Audits.

Science Technology & Intellectual Property; Competitiveness & International Affairs; Employment Rights & Industrial Relations (except HSA Liaison); Commerce, Consumers and Competition; Overseas Enterprise; Work Permits.

All Ministerial & Department Press Relations

Departmental Investigations.

Joe Higgins

Question:

194 Mr. J. Higgins asked the Minister for Enterprise, Trade and Employment if he will make a statement on the investigation which he instigated into a company (details supplied) following allegations made in Dáil Éireann on 8 February 2005 by this Deputy regarding the company’s employment procedures; if the labour inspectorate has furnished him with a report; and if he will report on the findings, conclusions and recommendations of same. [9637/05]

In response to allegations made by the Deputy in the House the Minister for Enterprise, Trade and Employment immediately directed the labour inspectorate of his Department to carry out an investigation. That investigation commenced the following day. The investigation has necessitated the gathering of information from a variety of sources and the interviewing of many parties. In advance of consideration of the report by the Minister for Enterprise, Trade and Employment, the Department has sought the advice of the Attorney General's office on its content and the process to be adopted regarding the parties identified therein. The report has been sent to the parties identified in it and it is intended to include their observations in the final report. One party has requested additional time to consider the report and, on the advice of the Attorney General's office, it has been agreed to grant an extension for the receipt of their observations until Wednesday, 30 March 2005. The report will then be completed and given to the Minister.

Work Permits.

Bernard J. Durkan

Question:

195 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if a person (details supplied) in County Kildare will have their work permit renewed; and if he will make a statement on the matter. [9725/05]

A work permit issued in respect of the above named individual on 25 May 2002 and expired on 26 May 2003. A work permit application was received in respect of this individual on 12 February 2004 from an employer. The work permits section of my Department wrote to this employer on two occasions requesting additional information. This application was subsequently cancelled by the section, as the employer failed to reply to this correspondence. A second application was received from this employer in respect of this individual on 24 September 2004. The work permits section again wrote to the employer requesting additional information. As no response was received to this further correspondence, the section subsequently cancelled this application.

Social Welfare Benefits.

Michael Ring

Question:

196 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo was refused the carer’s allowance; and if an appeal will be opened on their behalf. [9625/05]

The person concerned applied for carer's allowance on 12 January 2005. The principal conditions for receipt of the allowance are that full-time care and attention is required and being provided and that the means test that applies is satisfied. Her application was refused on the grounds that full-time care and attention, as prescribed in regulations, was not required in this case. She was notified of the decision, the reason for it and of her right to appeal on 10 March 2005. To date, no appeal has been lodged in this case. Under social welfare legislation decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in such decisions.

Ministerial Staff.

David Stanton

Question:

197 Mr. Stanton asked the Minister for Social and Family Affairs the roles and functions carried out by special advisers attached to his Department; if circulars or instructions have been issued within his Department concerning special advisers; if so, if he will provide a copy of any such circular; and if he will make a statement on the matter. [9630/05]

David Stanton

Question:

198 Mr. Stanton asked the Minister for Social and Family Affairs if the special advisers attached to his Department are part of the line management system of his Department; and if he will make a statement on the matter. [9631/05]

I propose to take Questions Nos. 197 and 198 together.

The roles and functions carried out by the special advisers attached to my Department are as set out in section 11 of the Public Service Management Act 1997, that is, to assist the Minister by providing advice, by monitoring, facilitating and securing the achievement of Government objectives that relate to my Department and by performing such other functions as may be directed by the Minister. Special advisers are not part of the line management system of my Department. They are accountable directly to the Minister in the performance of their functions. No circulars or instructions concerning special advisers have issued within my Department.

Social Welfare Code.

Tony Gregory

Question:

199 Mr. Gregory asked the Minister for Social and Family Affairs the categories of workers in the public service who pay an A stamp while temporary or on probation and who, when promoted or made permanent, lose the stamp; the reason for this; the loss of entitlements involved; if this will be reviewed; and if he will make a statement on the matter. [9632/05]

People who enter public sector employment with effect from 6 April 1995 are insured at the full class A rate of PRSI, which covers all benefits and pensions. Where a person is employed on 5 April 1995 in the public sector in a capacity which is not permanent and pensionable and, subsequently, ceases to be so employed, but immediately upon such cessation, becomes employed in a permanent and pensionable capacity as a civil or public servant, that person becomes a modified contributor. However, class A contributions paid by that person prior to the date of becoming permanent and pensionable stand. The regulations covering the payment of modified insurance in these circumstances — SI 312 of 1996 — were introduced to allow employees working in the civil and public service on 5 April 1995 the opportunity to avail of the same benefits as existing staff.

People insured at this modified rate are covered for widow's or widower's contributory pension, orphan's contributory allowance, deserted wife's benefit and occupational injuries benefits. Persons on the modified rate of insurance are not entitled to short-term benefit, including unemployment benefit and disability benefit. However, the terms of employment of those becoming permanent and pensionable civil servants provide for payments during illness. They are also covered by superannuation schemes in operation in the civil and public service. While all aspects of my Department's business are kept under review, there are no plans to change these arrangements.

Ministerial Responsibilities.

David Stanton

Question:

200 Mr. Stanton asked the Minister for Social and Family Affairs if he is responsible for the performance of the functions of his Department in accordance with section 3 of the Public Service Management Act 1997; and if he will make a statement on the matter. [9701/05]

Under section 3 of the Public Service Management Act, 1997, a Minister having charge of a Department shall, in accordance with the Ministers and Secretaries Acts, 1924 to 1995, be responsible for the performance of functions that are assigned to the Department pursuant to any of those Acts. Accordingly, I am responsible for the performance of functions assigned to my Department pursuant to those Acts. Section 4(1) of the Public Service Management Act states "except as otherwise directed by the Government or provided by or under any other Act, the Secretary General of a Department or Head of a Scheduled Office, as the case may be, shall, subject to the determination of matters of policy by the Minister of the Government having charge of the Department or Scheduled Office or by the Government, have the authority, responsibility and accountability" for carrying out specified duties in respect of the Department or scheduled office. Among these duties are the following specified in section 4(1)(a): “Managing the Department or Scheduled Office, implementing Government policies appropriate to the Department or Scheduled Office, monitoring Government policies that affect the Department or Scheduled Office and delivering outputs as determined with the Minister of the Government having charge of the Department or Scheduled Office.”

Social Welfare Benefits.

Bernard J. Durkan

Question:

201 Mr. Durkan asked the Minister for Social and Family Affairs the reason the one parent family allowance has been terminated in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9724/05]

The person concerned was interviewed by a local officer of my Department on 7 March 2005. In the local officer's presence, she signed a statement admitting to cohabiting since April 2004 and surrendered her lone parent's allowance book to the officer. On foot of this statement, her payment was subsequently suspended and her case has been forwarded to a deciding officer for formal decision. She will be contacted about this shortly. Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in such decisions.

Pension Provisions.

Richard Bruton

Question:

202 Mr. Bruton asked the Minister for Transport if his attention has been drawn to the deficit in the pension coverage of retired aviation staff; the Government’s position in relation to any flotation of this company; and if proceeds from such a flotation could be in part contributed to make up the pension deficit. [9599/05]

Richard Bruton

Question:

206 Mr. Bruton asked the Minister for Transport if he has had recent meetings with the retired aviation staff regarding deficits in their pension arrangements; if he has proposals on how this issue might be addressed; and if he will make a statement on the matter. [9600/05]

I propose to take Questions Nos. 202 and 206 together.

The pension scheme in question, the Irish airlines (general employees) superannuation scheme, is a multi-employer scheme which, in addition to Aer Lingus and DAA staff, also includes a private sector company, SR Technics, formerly FLS Aerospace. I am advised that a full actuarial assessment of this pension fund is carried out every three years and a review of the fund's ability to pay increases in line with inflation is carried out annually.

The last actuarial valuation was carried out in March 2003 and at that time the scheme satisfied the minimum funding standard included in the Pension Act 1990. The next full actuarial valuation was due in March 2006 but the trustee decided to bring this forward to the end of March 2005. The report is expected to be finalised in the coming months. In the interim, the trustee has used its discretion, on the advice of the scheme's actuary, to grant pension increases in line with the CPI again this year. Pensioners will be formally advised of this in April in the normal way.

While the payment of pensions is always dependent on the actuarial position of the scheme, the advice is that the scheme is able to continue to pay the current level of pensions to existing pensioners. However, the question of whether such pensions can continue to be increased in line with inflation depends on the performance of the scheme going forward. Such increases are and always have been discretionary.

The pension entitlements for employees of commercial State bodies including Aer Lingus and the Dublin Airport Authority, formerly Aer Rianta, are matters primarily for the trustee, the members of the relevant scheme and the companies involved. The State has no involvement in the funding of these schemes. If a deficit arose, the rules of the pension scheme provide that the trustee must decide what action to take but the rules also indicate that there is no obligation on the part of either employers or members to increase contributions. I assume the trustee, employers and staff would work together in those circumstances to try and agree a mutually satisfactory outcome.

Numerous meetings have taken place between RASA representatives and the companies and also with previous Ministers and officials from my Department and the Departments of the Taoiseach and Finance to discuss the pension scheme. I met representatives of the group on 19 January. Despite detailed examination, there has been no obvious solution to the RASA concerns. However, I indicated at that meeting that I would keep the matter under review with the companies concerned.

With regard to the possible flotation of Aer Lingus, I briefed my colleagues at Cabinet yesterday in relation to the current status of my deliberations on a number of key aviation issues, including the future of Aer Lingus. I am anxious, in the interests of the airline, to move forward on this as a matter of urgency and I will bring specific proposals to Government shortly.

With regard to the suggestion that proceeds from a flotation of the airline could be in part contributed to make up a potential pension deficit, the Aer Lingus Act 2004 provides that funds received in respect of the sale shall be paid into or disposed of for the benefit of the Exchequer. Moreover, the question of an injection of State funds does not arise. Such a proposal would run counter to established policy in this area and would, in any event, be challenged by the European Commission as a state aid.

Road Signage.

John Deasy

Question:

203 Mr. Deasy asked the Minister for Transport the regulations which are in place to ensure proper control of traffic signs while road works are being carried out by contractors; the persons who monitor roadwork traffic signs; if he will make the traffic signs manual available to public libraries; and if he will make a statement on the matter. [9623/05]

The traffic signs manual 1996 sets out directions given to road authorities by the Minister for Transport pursuant to section 95(16) of the Road Traffic Act 1961 regarding the provision and use of warning and information traffic signs. A copy of the manual is available in the Oireachtas Library, and copies have been made available to city councils and county councils, who also have responsibility for public libraries.

Chapter 8 of the manual sets out advice on the signs to be deployed at road works. Responsibility for the provision, positioning, maintenance and monitoring of such traffic signs at road works locations on non-national roads is a matter for the individual road authority and in the case of national roads, the National Roads Authority.

My Department is currently pursuing a comprehensive review of the present traffic signs manual in association with the National Roads Authority and the Department of the Environment, Heritage and Local Government. Consultants have been engaged to prepare a new manual. It is intended that the use of the manual by road authorities will ensure a high quality of signposting in the State through uniformity of practice and the creation of a consistent approach to signing, including at road works.

Road Traffic Offences.

Michael Ring

Question:

204 Mr. Ring asked the Minister for Transport if an express consent was given to the Medical Bureau of Road Safety, pursuant to section 38(4) of the Road Traffic Act 1968, for the supply by same of an apparatus for indicating the presence of alcohol in the breath as opposed to the consent prescribing the form of statements produced by the apparatus which was given to the Minister of State. [9624/05]

Section 38(4) of the Road Traffic Act 1968, as amended by the Road Traffic Act 1994, provides that the Medical Bureau of Road Safety may, with the consent of the Minister, arrange for the supply and testing of apparatus for indicating the presence of alcohol in the breath and apparatus for determining the concentration of alcohol in the breath.

The prescribed form of the statement produced by an apparatus to which the Deputy is referring relates to the statement produced by an apparatus for determining the concentration of alcohol in the breath, that is, evidential breath-testing instruments. The Road Traffic Act 1994 provided for the introduction of a scheme of evidential breath testing, EBT, based on the use of apparatus for determining the concentration of alcohol in a sample of breath. The Act provides that drivers may be required to undergo a breath test in a Garda station instead of a blood or urine test following arrest for drink driving.

The evidential breath-testing system was introduced with effect from November 1999. That reflected a commitment given in the Government's Road Safety Strategy 1998-2002. Regulations to prescribe the form of the statements produced by the apparatus were made by the then Minister of State at the Department of the Environment and Local Government on 20 October 1999. The system was formally launched by the then Minister of State on 24 November 1999.

In addition, the Minister provides for the determination of the funding allocation to the bureau. Such funding includes approval to provide for the supply and testing of the relevant apparatus as required.

Railway Stations.

Bernard J. Durkan

Question:

205 Mr. Durkan asked the Minister for Transport the maximum current capacity in terms of daily passenger throughput of each of the commuter rail stations in County Kildare; if he can identify the means whereby daily use can be increased with particular reference to parking facilities, increased frequency, extra carriages; and if he will make a statement on the matter. [9581/05]

The scheduling and timetabling of trains is a day-to-day operational matter for Iarnród Éireann to consider.

On the basis of projected demand, Iarnród Éireann has submitted a greater Dublin integrated rail network plan, which proposes the enhancement of all suburban and outer suburban services into Dublin. The proposals are being examined by my Department, at present, in the context of the ten-year investment framework for transport.

In the meantime, I understand from the company that some of the 36 new diesel railcars due to come into service at the end of this year will be allocated to the Kildare route to extend all trains to eight-car length. That will improve the capacity on individual trains by up to 33%. That capacity increase comes on top of a capacity increase of almost 160% delivered on that line in the last 18 months.

Regarding the Maynooth-Connolly line, I understand that, in the short term, Iarnród Éireann plans to replace the majority of the 36 diesel railcars on the Sligo-Maynooth- Dublin line to increase capacity and to remove older rolling stock from service. The effect will be to increase all commuter trains on the line to eight-car length, giving an immediate capacity increase, on some services, of 33%.

Question No. 206 answered with QuestionNo. 202.

Public Transport.

David Stanton

Question:

207 Mr. Stanton asked the Minister for Transport his views on whether the cost of public transport is overpriced, is acting as a disincentive to persons using public transport and thereby reducing the use of private cars; and if he will make a statement on the matter. [9652/05]

The primary focus of investment in public transport under the national development plan is to expand the capacity of the network to respond to the demand for such services. Fares on public transport have decreased significantly in real terms in recent years, and there is no evidence to suggest that current fare levels are a deterrent to the increased use of public transport. It remains my view that resources are more effectively focused on increasing public transport capacity to meet the latent demand for such services and on improving punctuality and reliability of such services.

Rail Services.

Willie Penrose

Question:

208 Mr. Penrose asked the Minister for Transport if Iarnród Éireann has carried out a feasibility study regarding the reopening of the railway line between Mullingar, Moate and Athlone; if, in view of the fact that two of these are important gateway towns under the national spatial plan, steps will be taken immediately to have the reopening of this line progressed; and if he will make a statement on the matter. [9653/05]

I understand that Iarnród Éireann has not carried out a feasibility study regarding the reopening of the rail line between Mullingar, Moate and Athlone. The strategic rail review, commissioned by my Department and published in 2002, found that the Mullingar to Athlone line did not perform well economically when assessed as a "stand-alone" project but could offer significant benefits in terms of operational flexibility in the rail network as a whole in the future.

I am also aware that the national spatial strategy highlights the importance of enhancing the critical mass in the midlands region, by combining the complementary strengths of Athlone, Mullingar and Tullamore as a gateway at the heart of the midland region, and states that it is important to build on the central location of the midlands and the key towns at the intersection of national road and rail routes.

Another factor which would have to be considered is the likely scale and pace of development of the midlands gateways and along the rail corridor in question. The greater the critical mass of population and economic activity, the more likely a sustainable case can be made for rail investment. I have already made it clear to local authorities in other parts of the country that it is for them to develop and implement land use strategies which would support the case for rail investment. The best practical demonstration to date of such an approach is the development of the Midleton rail corridor.

While there are no immediate plans to reopen this line, Iarnród Éireann will keep the issue under review having regard to the matters to which I have already referred.

Inland Waterways.

Willie Penrose

Question:

209 Mr. Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if he will take steps to ensure that a person (details supplied) in County Westmeath is notified by Waterways Ireland when it is piping water from a drain adjacent to this person’s farm; if, in view of the importance of water for this person’s cattle, there will at all times be adequate water left in the river; and if he will make a statement on the matter. [9651/05]

Waterways Ireland is a North-South implementation body, established under the British-Irish Agreement Act 1999, co-sponsored by my Department and the Department of Culture, Arts and Leisure in the North.

Waterways Ireland advises me that it will liaise with the person concerned on whatever occasion it intends to pipe water from the drain adjacent to this person's farm and will endeavour to agree an acceptable protocol with him.

Údarás na Gaeltachta.

Aengus Ó Snodaigh

Question:

210 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na tograí i gceantar Bhaile Ghib a mhaoinigh Údarás na Gaeltachta gach bliain le deich mbliana anuas agus cad é an méid a bhí i gceist. [9616/05]

Aengus Ó Snodaigh

Question:

211 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na tograí i gceantar Ráth Cairn a mhaoinigh Údarás na Gaeltachta gach bliain le deich mbliana anuas agus cad é an méid a bhí i gceist. [9617/05]

Tógfaidh mé Ceisteanna Uimh. 210 agus 211 le chéile.

Dírím aird an Teachta ar thuarascálacha bliantúla agus cuntais Údarás na Gaeltachta 1995 go dtí 2003, a leagadh os comhair Thithe an Oireachtais agus a bhfuil cóipeanna díobh ar fáil i Leabharlann an Oireachtais. Tá an t-eolas atáá lorg ag an Teachta maidir le maoiniú tograí i mBaile Ghib agus Ráth Cairn ar fáil sna tuarascálacha sin.

Maidir le 2004, nach bhfuil tuarascáil bhliantúil 2004 foilsithe ina leith go fóill, tá na sonraí cuí don bhliain sin leagtha amach sa tábla leis seo.

Tograí i gContae na Mí a fuair maoiniúóÚdarás na Gaeltachta i 2004

Ceantar

Togra

Baile Ghib

Comhlacht Forbartha Bhaile Ghib

2,500

Ráth Cairn

Turmec Teoranta

450,559

Ráth Cairn

Bia Faughan Teoranta

150,000

Ráth Cairn

Comharchumann Ráth Cairn Teoranta

21,574

Ráth Cairn

Gaelora Teoranta

23,401

Aengus Ó Snodaigh

Question:

212 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na bóithre i gceantar Ghaeltacht Ráth Cairn ar chaith a Roinn airgead orthu nó ar thug an Roinn airgead d’Údarás na Gaeltachta le caitheamh ar iad a dheisiú nó a atógaint le deich mbliana anuas agus cad é an méid a bhí i gceist. [9618/05]

Aengus Ó Snodaigh

Question:

213 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na bóithre i gceantar Ghaeltacht Bhaile Ghib ar chaith a Roinn airgead orthu nó ar thug an Roinn airgead d’Údarás na Gaeltachta le caitheamh ar iad a dheisiú nó a atógaint, le deich bliana anuas agus cad é an méid a bhí i gceist. [9619/05]

Aengus Ó Snodaigh

Question:

214 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na bóithre i gceantar Ghaeltacht Ráth Cairn a bhfuil sé i gceist ag an Roinn airgead a chaitheamh orthu nó airgead a thabhairt ón Roinn d’Údarás na Gaeltachta le caitheamh orthu, lena ndeisiú nó lena n-atógaint, i mbliana agus cad é an méid atá i gceist. [9620/05]

Aengus Ó Snodaigh

Question:

215 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na bóithre i gceantar Ghaeltacht Bhaile Ghib a bhfuil sé i gceist ag an Roinn airgead a chaitheamh orthu nó airgead a thabhairt ón Roinn d’Údarás na Gaeltachta le caitheamh orthu, lena ndeisiú nó lena n-atógaint, i mbliana agus cad é an méid atá i gceist. [9621/05]

Tógfaidh mé Ceisteanna Uimh. 212, 213, 214 agus 215 le chéile.

Tá an clár oibre le haghaidh bóithre sa Ghaeltacht don bhliain 2005-06 á ullmhú ag mo Roinn faoi láthair. Tá socrú i bhfeidhm le fada idir mo Roinn agus na húdaráis áitiúla a bhfuil ceantair Ghaeltachta faoina gcúram go ndéanfaidh siad na hoibreacha seo sna ceantair éagsúla Gaeltachta. Ní chuireann mo Roinn airgead ar fáil d'Údarás na Gaeltachta chun bóithre a fhorbairt sa ghnáth-bhealach.

Tá an t-eolas atá iarrtha ag an Teachta maidir le deontais a ceadaíodh le deich mbliana anuas sa tábla leis seo.

Bóithre a ceadaíodh i mBaile Ghib agus Ráth Cairn, Contae na Mí, 1995 go dtí 2004. Bóithre strátéiseacha

Bliain

Bealach

Tús

Críoch

Oibreacha

Deontas €

2004

Ráth Cairn

S.N. Ráth Cairn

S.N. Ráth Cairn

An crosaire ag S.N. Ráth Chairn a fheabhsú de réir an dearadh nua a dheineadh i 2003. 4 cinn de bhoilginí bóthair a thógáil, mar is gá, ar na bóithre chun na scoile

150,000

2003

Ráth Cairn

Deireadh an chosáin reatha

An Mheánscoil

Ceannach Talún. Cosán le tógáil. Duchtáil i gcomhair soilse poiblí le chur ar fail. Dhá duchta spáráil le chur síos agus aireacht teorainn.

70,000

Ráth Cairn

Deireadh an chosáin reatha

Acomhal ag an scoil náisiúnta

Ceannach Talún. Cosán le tógáil. Duchtáil i gcomhair soilse poiblí le chur ar fail. Dhá duchta spáráil le chur síos agus aireacht teorainn.

80,000

Ráth Cairn

Acomhal R154

Acomhal ag an scoil náisiúnta

Réitigh plean gníomhaíochta Ráth Cairn

50,000

Iomlán

200,000

Bóithre Áise

Bliain

Ceantar

Oibreacha

Deontas

2003

Baile Ghib

Bóthar Teilteann go dtí tí an Uasail Pilib Mac an Bhaird — 750m.

€14,000

Baile Ghib

Ón mbóthar mór go teach an Uasail Torlach Mac Garaidh, Baile Ghib — 500m

€10,000

Baile Ghib

Ón mbóthar mór go teach an Uasail Micheál Ó Gabhagáin, Baile Orthaí— 360m.

€14,000

2001

Ráth Cairn

Obair dheisiúchán ar ‘Joyce’s lane’ fad 200m

£4,000

Ráth Cairn

Cosán coisí a thógáil soir chomh fada leis an meánscoil nua fad 270m.

£10,125

Baile Ghib

Cosán coisíó shéipéal Bhaile Óraí soir chomh fada le crosbhóthar Crasulthan — fad 900m.

£33,750

1999

Ráth Cairn

Cosán coisí a thógáil ón Ionad pobail go dtí an Scoil Náisiúnta

£30,000

1998

Ráth Cairn

Ón Séipéal go dtí Páirc Ráth Cairn

£10,000

1997

Ráth Cairn

Cosán agus dromchla nua ar an mbóthar i mBaile Ráth Cairn

£10,000

1995

Ráth Cairn

An bóthar ó Chomharchumann Ráth Cairn go dtí an Scoil Náisiúnta

£10,000

National Drugs Strategy.

Róisín Shortall

Question:

216 Ms Shortall asked the Minister for Community, Rural and Gaeltacht Affairs if he will report on the progress to date in implementing each of the measures in the national drugs strategy. [9658/05]

As the Deputy is aware, my Department has overall responsibility for co-ordinating the implementation of the National Drugs Strategy 2001-2008. The strategy contains 100 individual actions to be implemented by a range of Departments and agencies and since it was launched in May 2001, considerable progress has been made in implementing the various actions.

In this regard, the Deputy should note that a progress report covering the first three years of the strategy up to mid-2004 will shortly be laid before the Houses of the Oireachtas. The report has been compiled by my Department with input from the key stakeholders involved in the strategy.

Róisín Shortall

Question:

217 Ms Shortall asked the Minister for Community, Rural and Gaeltacht Affairs if data exist on the prevalence of drug use in each of the local drugs task force areas; if there are proposals to collect such data; the basis on which the effectiveness of drugs task forces is measured; and if he will make a statement on the matter. [9659/05]

The drug prevalence survey conducted by the National Advisory Committee on Drugs, which published in October 2003, estimated the prevalence of drug use on a national basis. Although estimates were also produced in April 2004 for health board regions, estimates for the local drugs task force, LDTF, areas were not possible due to the small size of the samples in those areas. The Deputy should note that this issue has also been raised in the context of the mid-term review of the national drugs strategy which will be finalised over the coming weeks.

With regard to the effectiveness of the LDTFs, this issue is being examined in the expenditure review of the task forces, which is currently ongoing. The review is examining the outputs and as far as possible, the outcomes of the LDTF process and projects. It will also be looking at the issue of performance indicators and baselines in order to measure the work of the task forces.

Grant Payments.

Ned O'Keeffe

Question:

218 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the position regarding an application submitted under the single payments entitlement scheme. [9604/05]

The person named submitted an application on 29 October 2004 for consideration of his circumstances under the second tranche of the force majeure-exceptional circumstances measure of the single payment scheme. He was notified on 21 March 2005 that the circumstances outlined by him do not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003. He was advised to submit an application under the national reserve measure of the single payment scheme, as he had purchased land. The person named has been advised that he can appeal the decision to the independent single payment appeals committee which will carry out a full review of the circumstances outlined.

Following the decision on the application submitted by the person named under force majeure-exceptional circumstances, arrangements are being made to have a provisional entitlement statement issued.

Trevor Sargent

Question:

219 Mr. Sargent asked the Minister for Agriculture and Food her plans to eliminate inequities in the forestry grant system such as the discrepancy in the rate of premium and the fact that forestry organisations are not interested in holdings under three hectares; her views on whether more smallholders would opt to plant trees if these inequities were eliminated; and if she will make a statement on the matter. [9638/05]

There are two basic rates of forestry premium, one for farmers and another for non-farmers. Both are laid down by EU regulation. The higher farmer rate is designed to cover loss of agricultural income from the land being planted.

On the general question of planting small areas of land, I am aware that the planting of larger areas offers greater economies of scale. However, the grant system, which my Department operates, seeks to ensure that no matter what size of plantation is envisaged, the costs of planting are fully covered.

Jimmy Deenihan

Question:

220 Mr. Deenihan asked the Minister for Agriculture and Food when notification will be sent to a person (details supplied) in County Kerry regarding their single payment entitlement; and if she will make a statement on the matter. [9639/05]

A certificate of provisional entitlements under the single payment scheme issued to the person named on 1 October 2004. The statement included a detailed breakdown of how the provisional entitlements were calculated.

Farmers who are not satisfied with their provisional entitlement statement may seek a review on a form which is available from all local offices of my Department and from my Department's website. To date, a review form has not been received from the person named. If the person named did not receive the statement, a copy can be provided. Officials of my Department will contact the person named in this regard.

Paul Connaughton

Question:

221 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding the single payment entitlements for a person (details supplied) in County Galway; and if she will make a statement on the matter. [9641/05]

A certificate of provisional entitlements under the single payment scheme issued to the person named on 1 February 2005. The statement included a detailed breakdown of how the provisional entitlements were calculated. However, having arranged for an official of my Department to contact the person named directly, it is understood that the statement was not received. A duplicate is being issued immediately.

Farmers who are not satisfied with their provisional entitlement statement may seek a review on a form which is available from all local offices of my Department and from my Department's website.

Paul Connaughton

Question:

222 Mr. Connaughton asked the Minister for Agriculture and Food when the 2003 extensification grant will issue to a person (details supplied) in County Galway; and if she will make a statement on the matter. [9642/05]

A payable order for €3,760 issued to the person named on 21 March 2005 representing his full entitlement to 2003 extensification premium on a total of 47 animals that had already qualified for payment of 2003 special beef premium on his holding.

Paul Connaughton

Question:

223 Mr. Connaughton asked the Minister for Agriculture and Food the single payment entitlements available to a person (details supplied) in County Galway; if her attention has been drawn to circumstances regarding the farm of this person; if it is possible for this person’s son to receive entitlements under the national reserve; and if she will make a statement on the matter. [9643/05]

The person named has 34.06 entitlements at a total net value of €3,559.27 established for her based on the number of her animals which qualified for premia payments in 2000 and the number of hectares she declared in the same year all of which are averaged over three years in accordance with the EU rules governing the single payment scheme. The suckler cow quota of 30 premium rights, which she held, was leased out in 2001, 2002 and 2003 and the quota was sold in 2004.

The son of the person named has not to date submitted an application form for consideration of his circumstances in respect of the new entrant-inheritance measure of the single payment scheme. My Department has been in contact with him and advised him to complete the necessary forms which have issued to him. On receipt of the completed application form the matter will receive immediate attention.

There is no record in my Department of an application form under the 2005 single payment national reserve having been received from the son of the person named.

Paul Connaughton

Question:

224 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding an application under the national reserve in the name of a person (details supplied) in County Galway; and if she will make a statement on the matter. [9644/05]

The person named submitted an application to the 2005 single payment national reserve under categories A and B. Category A caters for farmers who received a holding free of charge or for a nominal amount from a farmer who has retired or died before 16 May 2005 and whose holding was leased out to a third party during the reference period 2000 to 2002. Category B caters for farmers who made an investment in production capacity which in his case was the leasing in of land.

During the course of processing his application, it was discovered that he did not submit sufficient documentation to support his claim under either category. In this regard, my Department has written to him asking him to submit the relevant documentation. As soon as this documentation is received his application will be considered further.

If the person named commenced farming during 2002 and received direct payment during that year he may apply to be treated as a new entrant during the reference period and I have arranged for an application form to be sent to him for completion. If successful, his entitlements would be based on one year only rather than being averaged over three years, which is the case at present.

Paul Connaughton

Question:

225 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding an application under the national reserve by a person (details supplied) in Count Galway; and if she will make a statement on the matter. [9645/05]

There is no record in the Department of Agriculture and Food of an application form under the 2005 single payment national reserve having been received from the person in question.

Paul Connaughton

Question:

226 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding an application under the national reserve by a person (details supplied) in County Galway; and if she will make a statement on the matter. [9646/05]

The person named submitted an application to the 2005 single payment national reserve but the circumstances cited by him do not apply to any category under the reserve. Therefore, he is ineligible for an allocation of entitlements from the reserve. The person in question may be eligible to apply under the force majeure measures of the single payment scheme. I have arranged for an application form to be sent to him for completion. He should return the completed form with full medical evidence to support his claim to: The Single Payment —force majeure- Section, Department of Agriculture and Food, Old Abbeyleix Road, Portlaoise. The application will receive immediate attention as soon as it has been received.

Dan Neville

Question:

227 Mr. Neville asked the Minister for Agriculture and Food if a decision with regard to the payment of a beef premium to a person (details supplied) in County Limerick will be reviewed. [9647/05]

The person in question lodged three applications under the 2004 EU special beef scheme; on 27 January 2004 in respect of two animals, on 2 November 2004 in respect of 38 animals and on 2 December 2004 in respect of three animals. Under the scheme's terms and conditions, all animals are required to be CMMS compliant on the date of application. Following computer validation, however, 34 of the animals included in the application of 2 November 2004 and two of the animals included on the application of 2 December 2004 were identified as non-CMMS compliant on the date of application — they were not recorded as being in the herd of the person named on the date of application.

In a letter of 29 November 2004, the person was advised that 34 of the animals listed on the application of 2 November 2004 were non-compliant with CMMS, while in a letter of 24 January 2005, the person was advised that two of the animals listed on the application of 2 December 2004 were non-compliant with CMMS. The movements of all 36 animals into the herd of the person named were recorded on the CMMS database on 15 February 2005.

The processing of 2004 special beef premium applications is ongoing. Decisions on the eligibility of animals for the payment of premium, where errors have been highlighted following computer validation, have yet to be made in many cases. If it is considered that payment is not justified, applicants are advised of their right of appeal, initially to a higher officer in the Department. If that appeal is not upheld, they can appeal to the agriculture appeals office thereafter. The person named is being contacted directly about the animals in question.

Milk Quota.

Ned O'Keeffe

Question:

228 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if she will grant permission to a person (details supplied) to release their milk quota to a substitute transferee who meets all the conditions of the scheme; and if her attention has been drawn to the fact that the person who leased the milk quota for the past five years is no longer interested in releasing the quota. [9721/05]

As a derogation from the general rule that new leases of land and quota cannot be established, the milk quota regulations provide that if a lessor is a participant in the early retirement scheme, a new lease of land and milk quota may be put in place if certain conditions are satisfied. The regulations state, however, that the milk quota shall not transfer to a new lessee unless the Minister is satisfied that the original lessee has reasonable cause not to renew the lease. In this regard, any failure to agree price is not considered to be reasonable cause. In processing each application for approval to establish new leases of land and quota, the Department of Agriculture and Food seeks observations from the former lessee. It is apparent from the documentation in this case that the former lessee has indicated he is willing to renew the lease of land and quota and so it is not appropriate to grant approval for the person named to enter into a lease agreement of land and quota to a new lessee.

Refugee Legal Services.

Jim O'Keeffe

Question:

229 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the cost of each judicial review of the decisions of the Refugee Appeals Tribunal for 2002, 2003 and 2004. [9569/05]

Jim O'Keeffe

Question:

230 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the average cost of each appeal from the Office of the Refugee Applications Commissioner to the Refugee Appeals Tribunal. [9570/05]

Jim O'Keeffe

Question:

231 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of settlements in relation to each respective member of the Refugee Appeals Tribunal. [9571/05]

Jim O'Keeffe

Question:

232 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of unsuccessful cases per individual Refugee Appeals Tribunal member judicially reviewed by the High Court. [9572/05]

Jim O'Keeffe

Question:

233 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of successful cases per individual Refugee Appeals Tribunal member judicially reviewed by the High Court. [9573/05]

Jim O'Keeffe

Question:

234 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of successful judicial reviews of the Refugee Appeals Tribunal by the High Court in 2002, 2003 and 2004. [9574/05]

Jim O'Keeffe

Question:

235 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of appeals which have either been allowed or rejected by each member of the Refugee Appeals Tribunal in 2002, 2003 and 2004. [9575/05]

Jim O'Keeffe

Question:

236 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of successful appeals from the Office of the Refugee Applications Commissioner to the Refugee Appeals Tribunal in 2002, 2003 and 2004. [9576/05]

Jim O'Keeffe

Question:

237 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of appeals from the Office of the Refugee Applications Commission to the Refugee Appeals Tribunal in 2002, 2003 and 2004. [9577/05]

I propose to take Questions Nos. 229 to 237, inclusive, together.

The information requested by the Deputy, in so far as it is readily available to me, is provided in this reply. The number of appeals against the recommendations of the Office of the Refugee Applications Commissioner received by the Refugee Appeals Tribunal in 2002, 2003 and 2004 and the number of appeals which were granted for those years are set out in the tables.

Table 1: Appeals Received 2002, 2003 and 2004

Appeal Type

2002

2003

2004

Substantive Appeals

5,157

4,733

2,970

Manifestly Unfounded

104

141

10

Accelerated Appeals

0

281

1,845

Dublin Convention Appeals

101

149

23

EU Dublin II Regulation Appeals

0

2

163

Total

5,362

5,306

5,011

Table 2: Appeals Granted 2002, 2003 and 2004

Appeal Type

2002

2003

2004

Substantive Appeals

1,099

829

642

Manifestly Unfounded

49

23

9

Accelerated Appeals

0

4

60

Dublin Convention Appeals

8

2

25

EU Dublin II Regulation Appeals

0

0

1

Total

1,156

858

737

Note: Manifestly Unfounded, Dublin Convention and Dublin II Regulation recommendations of the Office of the Refugee Applications Commissioner (ORAC), set aside by the Tribunal, are remitted to ORAC for further consideration.

I am informed that the information concerning the average cost of an appeal is not readily available to the Refugee Appeals Tribunal. However, based on 6,520 appeal cases completed in 2004 and expenditure including staff salaries in 2004 of €8.4 million — salaries of €4 million and other expenditure of €4.4 million — the average cost per appeal is in the region of €1,300. The figures in question relate specifically to the tribunal.

The following table provides the information requested by the Deputy, in so far as it is available, on the outcomes of judicial review cases taken against the tribunal which were finalised in 2002, 2003 and 2004.

Table 3: Outcome of Judicial Review Cases

2002

2003

2004

Total

Cases settled and other cases where applicant was successful

56

75

124

255

Cases where applicant was unsuccessful

47

26

28

101

I am informed by the tribunal that it commenced paying judicial review costs from 2003. In 2003, legal costs, amounting to €33,682.23, were paid in respect of four judicial review cases. In 2004, €787,692.12 was paid in respect of 35 judicial review cases. The Deputy asked for additional information about individual members of the Refugee Appeals Tribunal. I have been advised by the chairperson of the tribunal that as his organisation is a statutory body, independent in the performance of its functions under the provisions of sections 15 and 16 of the Refugee Act 1996, it would be inappropriate for him to provide the requested information.

Courts Service.

Jim O'Keeffe

Question:

238 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of cases on any aspect of immigration that are before the courts at present; the category into which each case falls; the average length of time that each case is before the courts; if immigration related cases are creating a problem for the operation of any court; and if he will make a statement on the matter. [9578/05]

As I stated in reply to Question No. 351 from Deputy Costello on 8 March 2005, it has not been possible in the time available to compile the information requested by the Deputy. The information sought is currently being compiled and I will forward it to the Deputy as soon as it is available.

Road Traffic Offences.

Jim O'Keeffe

Question:

239 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if identical speed detection equipment can be used in speed detection in day time and night time hours. [9579/05]

I am informed by the Garda authorities that the speed detection equipment available to gardaí can be used during day time and night time hours.

Garda Investigations.

Jim O'Keeffe

Question:

240 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform when the answer to Question No. 798 of 26 January 2005 will be available. [9580/05]

I regret the information the Deputy requested in Question No. 798 for written answer on 26 January 2005 was not available at that time. The information requested is outlined in a table which is being made available to the Deputy. The table shows the number of cases reported to the Garda Síochána for 2002, 2003 and 2004 by division and indicates where a firearm or firearms were stolen and their type.

International Agreements.

Liam Aylward

Question:

241 Mr. Aylward asked the Minister for Justice, Equality and Law Reform if, in view of the continued growth of the high-technology industry here and the contribution of this industry to the economy, there are any negotiations in progress or contemplated whereby law graduates here will be allowed to practice in Massachusetts in a manner similar to the arrangement in place with other US states; and if he will make a statement on the matter. [9583/05]

There are reciprocal recognition arrangements in respect of admission of lawyers in place between Ireland and the states of Pennsylvania, New York and California. This is facilitated by section 44(6) of the Solicitors Act 1954 as inserted by section 52 of the Solicitors (Amendment) Act 1994. The Act permits a person who is qualified in a profession corresponding to that of solicitor in non-EU jurisdictions to be admitted as a lawyer to practise in Ireland subject to certain conditions, including that the arrangement is reciprocal. There are no negotiations either in progress or planned with Massachusetts as that state does not admit lawyers from foreign jurisdictions even on the basis of reciprocity.

Residency Permits.

Jack Wall

Question:

242 Mr. Wall asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Kildare has not received a five-year residence visa; and if he will make a statement on the matter. [9584/05]

I am informed that the non-EEA national in question failed to report to the Garda immigration authorities in June 2004 to renew his permission to remain in the State as required under the provisions of the Immigration Act. He subsequently came to the attention of the Garda National Immigration Bureau in January 2005 while attempting to unlawfully enter the State from the UK without a required Irish visa. I understand that an extension of his registration has been refused until such time as the person can satisfy the immigration authorities with regard to all the circumstances peculiar to his case including whether he is complying with the conditions of the residency granted to him.

Children Act.

Róisín Shortall

Question:

243 Ms Shortall asked the Minister for Justice, Equality and Law Reform the details of the sections of the Children Act 2001 which have not yet been commenced; the sections which have been commenced on a phased basis; and the timescale proposed. [9585/05]

The Deputy will appreciate that the Children Act 2001 is very complex and comprehensive. As such, provisions under the Act are being implemented on a phased basis as envisaged at the time of its enactment. Responsibility for implementing the Children Act 2001 lies with the Departments of Justice, Equality and Law Reform, Education and Science and Health and Children. The Department of Education and Science is especially involved in addressing juvenile offending while the Department of Health and Children will mainly provisions in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the interdepartmental aspects of the implementation of the Act.

Three main areas of the Act for which I have responsibility remain to be brought into operation. These involve the age of criminal responsibility, community-based options and the provision of children detention centres for 16 and 17 year old offenders. The first commencement order under the Act in respect of my Department was signed by my predecessor on 23 April 2002. The order, which came into force on 1 May 2002, brought into operation a wide range of provisions including Part IV on diversion programmes including the Garda restorative justice provisions; most of Part VI on the treatment of child suspects in Garda stations; Part VII on the children's court and Part XII on child protection measures. Among the other provisions brought into operation on 1 May 2002 were section 113, dealing with the payment of compensation by parents in respect of offences committed by their children and section 114 which provides for a court order to require parents to exercise proper and adequate control over their children. We have also commenced the provisions on restriction on movement orders.

I signed the second commencement order under the Act on 29 July 2004 which brought into operation the remaining restorative justice provisions. Restorative justice is a philosophical framework which considers the ways in which crime harms relationships in the context of the community. It is a way of dealing with victims and offenders by focusing on the settlement of conflicts arising from crime and resolving the underlying problems which cause it. The family conferences placed on a statutory footing on 29 July 2004 will be convened by the probation and welfare service. The convening of a conference shall be directed by a court where it considers that the preparation of an action plan would be desirable in an individual case. A pilot programme for the mentor — family support — order is due to commence shortly. Pilot programmes for parental supervision orders are also being developed and are expected to be introduced later this year.

The following tabular statement outlines the sections of the Children Act 2001 which have not yet been fully commenced by my Department.

Children Act, 2001

Part

Section

Description

6

59

Notification to Health Board

61(1)(b)

Interviewing children

8

77

Referral of case to Health Board

88

Remand in Custody

9

96

Principles relating to exercise of criminal jurisdiction over children

97

Construction of certain reference

98

Orders on finding of guilt

99-107

Probation Officer and other reports

111-112

Parental supervision

115-132

Community sanctions

137-139

Other aspects of community orders

140 -147, 150-153

Detention provisions

154

Amendment of the Criminal Justice (Community Service) Act, 1983

155

Punishment of certain indictable offences

156

Restriction on punishment of children

13

259

Duties of probation officers

262

Delegation by principal probation & welfare officer

263

Temporary accommodation of children

265

Right of appeal

Parental Leave.

Seán Ardagh

Question:

244 Mr. Ardagh asked the Minister for Justice, Equality and Law Reform if, in relation to parental leave, he will examine the question of having no age limit for children with special needs when eligibility of parents for leave is being considered. [9586/05]

The circumstances of parents of children with disabilities was considered in the context of the review of the Parental Leave Act 1998 conducted by a working group chaired by my Department. In its 2002 report, the working group, which comprised the social partners, relevant Departments and the Equality Authority, recommended raising the age of eligibility in respect of a child with a disability to 16 years.

Section 2 (2)(c) of the Parental Leave (Amendment) Bill 2004, which is awaiting Second Stage in the Dáil, will implement a commitment made in Sustaining Progress in accordance with the recommendation of the working group to increase the age limit to 16 years in the case of a child with a disability.

Registration of Title.

John Ellis

Question:

245 Mr. Ellis asked the Minister for Justice, Equality and Law Reform if his Department will complete a dealing (details supplied). [9612/05]

I am informed by the Registrar of Titles that this is a charge application which was lodged on 30 July 2004. Dealing Number D2004WS008976E refers. I am further informed that this application was completed on 16 November 2004 and land certificate and copy folio and file plan issued to lodging solicitors on 17 November 2004.

Illegal Immigrants.

Ciarán Cuffe

Question:

246 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of persons refused leave to enter at the country’s ports of entry in 2004; the number of these who were refused entry at Dublin Airport; the main countries of origin of these persons; and the grounds on which they were refused leave to enter. [9654/05]

During 2004 a total of 4,477 persons were refused leave to land at Irish ports of entry. In 2004, 2,931 persons were refused leave to land at Dublin Airport. The main countries of origin of these people were Nigeria, Brazil, Romania, Poland, South Africa, China, Lithuania, Pakistan, Latvia and India. Since 1 May 2004, Polish, Lithuanian and Latvian nationals have enjoyed EU rights of freedom. The main grounds on which persons were refused leave to land in 2004 were that the non-national was not in possession of a valid passport or other equivalent document; the non-national was not the holder of a valid Irish entry visa; there was reason to believe that the non-national intended to enter the State for purposes other than those stated; or that the non-national was not in a position to support himself or herself and any accompanying dependants.

Citizenship Applications.

Ciarán Cuffe

Question:

247 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of successful citizenship applications made by refugees or persons with leave to remain status that were processed to completion between 2000 and 2004; the number which were unsuccessful during this period; and the main reasons given by his Department for this. [9655/05]

The following table outlines, in so far as figures are available, the number of certificates of naturalisation issued and applications refused, including those for persons with refugee status, for the period 2000 to 2004. Save in very exceptional circumstances all applicants for naturalisation must have leave to remain — since one of the conditions for naturalisation is lawful residence in the State.

Year

Total number of certificates issued*

No. of certificates issued to refugees*

Total number of applications refused*

No. of applications from refugees refused*

2004

1,335

547

759

302

2003

1,664

742

179

31

2002

1,332

526

109

**

2001

1,012

385

8

**

2000

125

47

15

**

*Certificates issued or applications refused do not necessarily refer to applications received in the same year.

**Prior to 2003, records were not maintained in such a way to distinguish refugees who had been refused naturalisation from other applicants.

Records are not maintained in such a way that would permit the reasons for decisions to either grant or refuse applications to be quantified objectively. However, I can say that the main reasons for refusal of naturalisation applications by persons with refugee status are failure to meet abridged residency and good character requirements.

In so far as post-nuptial citizenship is concerned, records are not maintained in a way which would distinguish persons with refugee status from other applicants.

Asylum Applications.

Willie Penrose

Question:

248 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [9656/05]

Willie Penrose

Question:

249 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [9657/05]

I propose to take Questions Nos. 248 and 249 together.

The two persons referred to by the Deputy are Nigerian women who were deported from the State on a charter flight to Lagos on the night of the 14 to 15 March 2005. One of the women was accompanied in the State by four of her children, while the other was accompanied by two children. The asylum applications of both women and their children were refused following negative determinations by the Office of the Refugee Applications Commissioner and the Office of the Refugee Appeals Tribunal. Their cases were further considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, including representations on their behalf for leave to remain in the State, before deportation orders were signed.

Despite the best efforts of the Garda national immigration bureau on the day of the removals to maintain the unity of both families, the women refused to co-operate with the Garda in locating the whereabouts of all their children. In the end both women were deported accompanied by only one child each. It is understood that the remaining four children, who were hidden from the Garda, were passed into the care of other local Nigerian nationals by their mothers. I am told by the Garda national immigration bureau that the local area Health Service Executive has been informed of the position in regard to these children.

Departmental Contracts.

Ciarán Cuffe

Question:

250 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the name of the airline charter company contracted by his Department to carry out deportations. [9666/05]

Charter flights have been used on 13 different occasions since January 2002 to carry out the deportation of persons without permission to remain in the State. Following an EU-wide tender competition, advertised in the Official Journal of the European Union, a UK based company, Air Partner PLC, was appointed in February 2005 as the approved service provider for future flights of this type for the next two years. The result of the tender competition was published in the supplement to the official journal on 3 March 2005. It should be noted that the specific air carrier contracted by the service provider can vary from charter to charter.

Visa Applications.

Bernard J. Durkan

Question:

251 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if and when a visa extension will be offered in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9726/05]

The immigration division of my Department has recently been in correspondence with the person in question regarding his immigration status. A decision will be made on the case on receipt of the documentation requested.

Citizenship Applications.

Billy Timmins

Question:

252 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position in regard to an application for Irish citizenship by a person (details supplied) in County Carlow; if this will be granted as a matter of urgency; and if he will make a statement on the matter. [9753/05]

As I explained to the Deputy in my response to his earlier question on 23 February last, a declaration of acceptance of Irish citizenship as post-nuptial citizenship was received in the citizenship section of my Department from the person referred to in the Deputy's question of 16 December 2004. I stated then that it was likely that the processing of the declaration of the person referred to would be finalised in October 2005.

Such declarations are normally processed in chronological order unless there are exceptional circumstances for expediting a particular case. I will give consideration to the information included with the question and I will contact both the Deputy and the applicant in the near future.

School Staffing.

Pádraic McCormack

Question:

253 Mr. McCormack asked the Minister for Education and Science if her Department will appoint an extra full-time classroom teacher to a school (details supplied) in County Galway. [9587/05]

The mainstream staffing of a primary school is determined by applying the enrolment of the school on 30 September of the previous school year to a staffing schedule, agreed between my Department and the education partners. In accordance with the staffing schedule, the mainstream staffing of the school referred to by the Deputy for the school year 2004 to 2005 is a principal and 20 mainstream class teachers based on an enrolment of 558 pupils at 30 September 2003.

My Department will finalise the staffing schedule for the 2005 to 2006 school year shortly and thereafter notify school boards of management. According to data submitted to my Department by the board of management, the enrolment on 30 September 2004 in the school was 535 pupils. The staffing for the 2005 to 2006 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule.

As outlined in primary circular 19/02, an independent appeals board was established to adjudicate on appeals from boards of management on mainstream staffing allocations in primary schools. The appeals board operates independently of the Minister and my Department and its decision is final.

Appeals must be submitted to primary payments section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made, after the schedule for the 2005 to 2006 school year has issued.

Special Educational Needs.

Liam Aylward

Question:

254 Mr. Aylward asked the Minister for Education and Science if an immediate review will be made of the application for resource teaching and a special needs assistant for a person (details supplied) in County Kilkenny. [9588/05]

The Deputy may be aware that the National Council for Special Education, NCSE, which has been operational since 1 January 2005, is responsible for processing applications for special educational needs, SEN, supports. Some 71 special educational needs organisers, SENOs, have been recruited throughout the country and will be a focal point of contact for schools and parents.

My Department officials have been informed by the NCSE that the matter has been referred to the local SENO. The SENO has been in contact with the parent of the pupil concerned and has arranged a meeting to discuss the matter in more detail.

School Discipline.

Olwyn Enright

Question:

255 Ms Enright asked the Minister for Education and Science the guidelines which are issued to schools in regard to discipline; and if she will make a statement on the matter. [9589/05]

My Department has provided guidelines to boards of management to assist them in discharging their obligations in the area of school discipline. These guidelines, which issued in 1991, were drawn up following consultation with representatives of 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 board of management is responsible for formulating, in consultation with parents, a fair and efficient code of behaviour. This code should ensure that the individuality of each child is accommodated while acknowledging the right of each child to education in a relatively disruption-free environment. The code should also include provision for dealing with serious breaches of discipline and continuously disruptive pupils.

The guidelines state that codes of behaviour should be considered in the context of the school being a community in which mutual respect, co-operation and natural justice are integral features. A code should have regard for the rights and responsibilities of all parties concerned, including management, teachers, pupils and parents. Circumstances vary from school to school and those intimately involved are best placed to draw up an appropriate code for that school.

The guidelines recognise that poor behaviour can stem from a range of causes, some of them external to the school, some arising from the home environment and some from emotional or physical problems. It is important to identify problems as early as possible. Good parent-teacher and home-school links are vital in this context. The guidelines stipulate that parents should be encouraged to visit the school to familiarise themselves with the environment, to discuss their children's progress and, when necessary, aspects of their behaviour in a spirit of mutual co-operation.

In addressing the issue of sanctions for unacceptable behaviour, each school should devise a graded system of sanctions, containing a degree of flexibility to take account of individual circumstances. Schools must ensure that the rules of natural justice apply. Pupils and, when necessary, parents, should be advised of the nature of any complaint and be given an opportunity to respond. Parents should also be informed of their right of appeal to the next level of authority.

There are several strategies which may be used to show disapproval of misbehaviour, such as reprimand, temporary separation from peers, loss of privileges, detention, additional homework, referral to principal or communication with parents. Only after every other effort has failed should suspension or expulsion be considered.

I refer the Deputy to section 23 of the Education (Welfare) Act 2000 which requires all schools to have in place a code of behaviour. The code must specify the standards of behaviour that shall be observed by each student attending the school; the measures that may be taken when a student fails or refuses to observe those standards; the procedures to be followed before a student may be suspended or expelled from the school concerned; the grounds for removing a suspension imposed on a student; and the procedures to be followed relating to notification of a child's absence from school.

The school principal is required, before registering a child in the school, to provide the child's parents with a copy of the code of behaviour and may, as a condition of registering the child, require his or her parents to confirm in writing that the code is acceptable to them and that they will make all reasonable efforts to ensure the child will comply with the code.

The Deputy is aware that I recently established a task force to consider and report on the issue of student behaviour in second level schools. The task force is chaired by Dr. Maeve Martin of the National University of Ireland, Maynooth. The work of this task force will provide a solid foundation for developing policies and best practice in our schools into the future. It will link closely to a wide range of interests across our education system on this important issue.

Bullying in Schools.

Olwyn Enright

Question:

256 Ms Enright asked the Minister for Education and Science the guidelines which are issued to schools in regard to bullying; and if she will make a statement on the matter. [9590/05]

My Department issued guidelines on countering bullying behaviour to all primary and post-primary schools in 1993. 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. The guidelines remind school authorities of their responsibility in formulating a written code of behaviour and discipline, which should include specific measures to counter bullying behaviour.

The guidelines define bullying behaviour and provide advice and guidance for schools on identifying different types of bullying behaviour; identifying the signs, symptoms and characteristics of bullying behaviour; the areas in which bullying behaviour is likely to occur; the elements which should be included in an anti-bullying policy; involvement of the entire school and the wider community; and procedures for dealing with incidents.

The guidelines define bullying as "repeated aggression, verbal, psychological or physical conducted by an individual or group against others". The various types of bullying behaviour are outlined and the signs and symptoms of bullying behaviour are described. The procedures for investigating allegations and dealing with incidents of bullying are also set out in the guidelines.

Managerial authorities of primary and post-primary schools are responsible for the management, organisation and administration of the schools and are, therefore, responsible for ensuring the adequate and reasonable measures approved by them to counter bullying are in operation in their schools. Each school is advised to make the prevention of bullying an integral part of its written code of behaviour and discipline.

In developing its policy to counter bullying behaviour, the managerial authority of each school must formulate the policy in co-operation with the school staff, both teaching and non-teaching, under the leadership of the principal, and in consultation with parents and pupils. In this way, the exercise of agreeing what is meant by bullying and the resultant development of school-based strategies for dealing with it are shared by all concerned. It is essential that all parties concerned have a clear understanding of the policy aims and content if the policy is to form the basis for developing effective school-based strategies for dealing with the problem. The policy must be promoted by the school managerial authorities within the school to all pupils, parents and staff on a repeated basis with particular attention being given to incoming pupils and their parents.

The education of students in both primary and post-primary schools in regard to anti-bullying behaviour is a central part of the social, personal and health education, SPHE, curriculum. The programme supports the personal development, health and well-being of young people and helps them create and maintain supportive relationships.

School Supervision.

Olwyn Enright

Question:

257 Ms Enright asked the Minister for Education and Science the guidelines which are issued to schools in regard to the accompaniment of pupils when they leave the classroom to attend the toilet; if different guidelines are issued in respect of different age pupils; and if she will make a statement on the matter. [9591/05]

Sections 14, 15 and 23 of the Education Act 1998 assigns each board of management and principal teacher responsibility for the day-to-day management of schools at both primary and post-primary level. Principals should organise supervision for the order and general behaviour of pupils during school hours. In particular, they should organise and participate in the effective supervision of the pupils during breaks, lunch breaks, assembly and dismissal.

Rules 121(4) and 124(1) of the rules for national schools and section 23(2) of the Education Act 1998 oblige teachers to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on school premises, during school time and-or on school activities. Accordingly, the responsibility of all teachers individually and collectively to provide a duty of care at all times towards the pupils in the school in which they teach, including periods of supervision, remains. Special needs assistants, who may be assigned to schools to cater for pupils with significant care needs, may be required to assist such pupils with toileting, if appropriate.

While my Department does not issue specific guidelines on requirements for supervision of different age pupils, it acknowledges that the degree of supervision required of school authorities varies with the circumstances, including the age of the pupil. This duty, in the case of very young pupils, might include an obligation to ensure that such pupils do not leave the classroom without appropriate supervision.

Linguistic Institute of Ireland.

John Gormley

Question:

258 Mr. Gormley asked the Minister for Education and Science the progress on the ITE/The Linguistic Institute of Ireland; and if she will make a statement on the matter. [9592/05]

John Gormley

Question:

259 Mr. Gormley asked the Minister for Education and Science if all legal issues raised in the ITE have been resolved; and if she will make a statement on the matter. [9593/05]

John Gormley

Question:

260 Mr. Gormley asked the Minister for Education and Science the reason the Linguistic Institute of Ireland is currently advertising for new staff while it is in liquidation; and if she will make a statement on the matter. [9594/05]

I propose to take Questions Nos. 258 to 260, inclusive, together.

At an extraordinary general meeting of Institiúd Teangealaíochta Éireann, held on 18 July 2003, the company agreed to initiate a process of voluntary liquidation. This decision was a matter for the members in accordance with the memorandum and articles of association and relevant company law. I understand that a meeting of the executive committee of ITE on 5 December 2003 agreed a timetable for the appointment of a liquidator, who was subsequently appointed on 9 January 2004, and agreed to issue redundancy notices to staff in advance of this.

My Department has given a commitment to provide every assistance to the company in giving effect to its decision, in partnership with the staff of the institute, and has been working closely with the liquidator since his appointment in this regard. This includes exploring possible arrangements for the continuation of certain research activities previously carried out by the institute and, in the interests of assisting with an orderly wind-up, facilitating appropriate re-deployment or other appropriate arrangements for staff in line with general public service policy in these matters and subject to agreement with the Department of Finance. A number of ITE staff have been redeployed and options that may be available for remaining staff continue to be explored by the Department. The period of notice of redundancy for staff at ITE has been periodically extended by the liquidator to take account of the ongoing process of pursuing re-deployment options.

The Department remains in contact with the remaining ITE staff either through the liquidator, their union representatives or directly in order to keep them appraised as developments occur. The entitlements of those employees for whom appropriate redeployment arrangements are not made will be determined in accordance with the terms of their contracts.

There are a number of legal issues as regards the liquidation of ITE and the liquidator is progressing these matters. It would not be appropriate for me to comment further on these issues. ITE conducted an all-Ireland survey on the use of the Irish language and the appointment of a research assistant on a short-term basis during 2005 is to assist with the completion of this survey.

Mobile Telephony.

John Gormley

Question:

261 Mr. Gormley asked the Minister for Education and Science her views on an anomaly in the Planning and Development Regulations 2001, whereby mobile phone base stations may not be installed on educational facilities without planning permission, but may be installed on public or commercial buildings directly adjacent to such facilities without any planning permission; if her attention has been drawn to the fact that this is inconsistent not only with the latest recommendations of the UK independent expert group on mobile phones, but with the advice of the Minister for Communications, Marine and Natural Resources to Dáil Éireann in 2004. [9595/05]

The Deputy will be aware that the drafting of planning and development regulations is a matter for the Minister for Environment, Heritage and Local Government and the siting of individual mobile phone masts is a matter for the relevant planning authority. The issue referred to in the details supplied by the Deputy is a matter for the Minister for Communications, Marine and Natural Resources. My Department has no role in either area.

Notwithstanding this, I appreciate the concerns surrounding the issues raised. However, I understand from my colleague, the Minister for Communications, Marine and Natural Resources, that it is the continuing opinion of all relevant international bodies that radio frequency fields around mobile telephone masts are not considered a health risk. Furthermore, his Department is not aware of any national or international health advisory authority which has recommended that a direct beam should not fall on school property as a result of telecommunication mast sitings. He has also indicated to me that if the Deputy can identify any such work, he will have it studied by experts in his Department. The Minister points out that if any relevant international body to which Ireland belongs were to make such a recommendation, an appropriate response would be considered, given the policy of his Department to abide by internationally accepted scientific guidelines that specify maximum acceptable levels of radiation.

Higher Education Grants.

Ned O'Keeffe

Question:

262 Mr. N. O’Keeffe asked the Minister for Education and Science if she will investigate an entitlement to payment of the top up maintenance grant under the higher education grant system in respect of a person (details supplied) in County Cork. [9603/05]

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.

It appears that no such advice or instruction has, to date, been sought in the case of the student referred to by the Deputy. If an individual applicant considers that he or she has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, he or she may appeal to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his-her case, a letter outlining the position may be sent to my Department. Alternatively, as already indicated, the local authority or VEC may, in exceptional circumstances, seek clarification on issues from my Department. However, it is not open to me, or the Department, to depart from the terms of the maintenance grants schemes in individual cases.

Teachers’ Remuneration.

Jan O'Sullivan

Question:

263 Ms O’Sullivan asked the Minister for Education and Science when part-time teachers at a school (details supplied) in County Limerick will receive contracts of employment in accordance with legislation; and if she will make a statement on the matter. [9660/05]

Arising from the Protection of Employees (Part-Time Work) Act 2001, a part-time fully qualified teacher employed for the full school year to provide teaching for a specified number of hours during each week, may be awarded a pro rata contract. A pro rata contract will normally run from 1 September to 31 August.

A letter has recently issued from my Department to the VEC concerned confirming that it may proceed to award pro rata contracts to part-time teachers in the school in question where such teachers meet the criteria set out in Circulars 20/03 and 17/04 concerning the implementation of the Part-Time Workers Act 2001.

Schools Building Projects.

Fergus O'Dowd

Question:

264 Mr. O’Dowd asked the Minister for Education and Science the progress to date regarding a new national school for Mell, Drogheda, County Louth; and if she will make a statement on the matter. [9661/05]

The property management section of the OPW, which acts on behalf of my Department in relation to site acquisitions is currently in negotiations regarding the acquisition of a site for the provision of a new primary school at Mell, Drogheda, County Louth. The Department will keep the school authority informed of developments.

Special Educational Needs.

Paul Connaughton

Question:

265 Mr. Connaughton asked the Minister for Education and Science the reason a person (details supplied) in County Galway will not be entitled to 2.5 hours resource teaching on a one-to-one basis; if her attention has been drawn to the fact that next year will be this person’s last year at national school and that the professional assessment is that they need one-to-one resource teaching urgently for the final year at national school; and if she will make a statement on the matter. [9662/05]

I wish to advise the Deputy that the school in question currently has the services of a shared learning support teacher post and a shared resource teacher post, supporting a total enrolment of 66 pupils. At the moment the special educational needs of the pupil concerned are being met from within these resources.

Youth Services.

David Stanton

Question:

266 Mr. Stanton asked the Minister for Education and Science the sections of the Youth Work Act 2001 that have been implemented to date; her plans for the implementation of the remaining sections of the Act; the funding that has been available to date for the implementation of the national youth work development plan; the timescale for the implementation of the plan; her estimate of the cost each year for the next five years; and if she will make a statement on the matter. [9756/05]

The Youth Work Act 2001 provides a legal framework for the provision of youth work programmes and services to be organised by the Minister for Education and Science, the vocational education committees and national and regional youth work organisations. Section 1 of the Act provides for sections to be commenced at different stages. Sections 2 to 7, inclusive, 17, 18 and 24 have been commenced to date.

A sub-committee of the national youth work advisory committee, representative of both statutory and voluntary sectors as well as my Department is engaged in ongoing work, including the development of detailed guidelines and procedures which are necessary for the further implementation of the Act. It is considered essential to have agreement between all the interested parties on the necessary procedures and to have these in place so that further implementation of the Act can take place in a satisfactory and structured manner. The Department is currently in discussion with the various parties involved and when these discussions are finalised, it is intended to continue the phased implementation of further sections of the Act, as is necessary and appropriate.

As regards the national youth work development plan, €580,000 has been expended to date on a number of priority action areas. The plan covers a five-year period from 2003 to 2007 and the cost for each of the coming years will be dependent on the action areas identified and agreed for implementation each year. Action areas for implementation for 2005 are currently being considered in the light of a submission made to me by the Irish Vocational Education Association, the CEOs association and the National Youth Council of Ireland. The financial provision required on a yearly basis will, therefore, be determined by the actions of the plan identified and agreed for implementation each year having regard to available financial resources.

Higher Education Grants.

Ned O'Keeffe

Question:

267 Mr. N. O’Keeffe asked the Minister for Education and Science if her attention has been drawn to the serious delays in having higher education grant payments issued to students whose parents are dependent on social welfare payments and in cases in which extreme hardship is being experienced by these families; if her attention has further been drawn to the fact that in some cases the academic year has been completed by the student before the grant is awarded; if her attention has further been drawn to the case of persons (details supplied) in County Cork; and if she will investigate the administration of this grant scheme by the authorities to ensure that the families most in need of their grants receive approval and payment as a priority. [9758/05]

My Department funds four maintenance grant schemes for third level and further education students. These are the higher education grants scheme, the vocational education committees' scholarships scheme, the third level maintenance grants scheme for trainees and the maintenance grants scheme for students attending post-leaving certificate courses.

The higher education grants scheme is administered by the local authorities. The other three schemes are administered by the vocational education committees. My Department carried out a survey of the 66 local authorities and VECs, early in 2005, in respect of the status of applications for student grants for the current academic year as at mid-January. The survey indicated that decisions had been taken on at least 82% of applications at that time. Close to 15% of the remaining 18% of applications received were awaiting additional documentation or the application form was incomplete. The remaining 3% were either part processed by the awarding authority, or processing had yet to commence. These include late applications accepted by the awarding authorities and applications received in respect of courses which commence in the first quarter of the 2005 calendar year.

My Department in recognition of the importance of the timely provision of payment to eligible students is engaged in ongoing consultations with the Irish Vocational Education Association and the County and City Managers' Association with a view to improving the existing arrangements and ensuring the earlier processing of applications and the making of payments to eligible students.

The Department is also in discussions with the existing stakeholders as regards the future administration of the schemes. My intention is that whatever future administration of the schemes is put in place will be one which delivers a quality and timely service to students that ensures consistency of application and client accessibility.

The decision on eligibility for third level grants and the issue of grant awards is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. It appears that no such advice or instruction has, to date, been sought in the case of the student referred to by the Deputy.

FCA Training.

Billy Timmins

Question:

268 Mr. Timmins asked the Minister for Defence the position in relation to a person (details supplied) who wishes to transfer service with the FCA to the CBFSAI; if this FCA service on full-time security duties can be allowed; and if he will make a statement on the matter. [9754/05]

Under the Defence Forces pensions schemes, pensionable service consists mainly of full-time service in the Permanent Defence Force, PDF. Service in An Fórsa Cosanta Áitiúil, FCA, is not generally reckonable as pensionable service. Exceptionally, however, service on full-time security duties by members of the FCA may be reckoned and may be aggregated with pensionable service in the PDF in the case only of former members of the FCA who were assimilated into the PDF under special arrangements made in 1982 and 1988-89 or who enlisted in the PDF outside of those special arrangements and were in service on 1 January 1990.

As the person in question is not within any of the categories mentioned, his FCA service is not reckonable under the Defence Forces pensions schemes and consequently is not transferable to any other State organisation for superannuation purposes.

Planning Issues.

John Gormley

Question:

269 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government his views on an anomaly in the Planning and Development Regulations 2001, whereby mobile phone base stations may not be installed on hospitals without planning permission, but may be installed on public or commercial buildings directly adjacent to hospitals without any planning permission; if his attention has been drawn to the fact that this is inconsistent not only with the latest recommendations of the UK independent expert group on mobile phones, but with the advice of the Minister for Communications, Marine and Natural Resources to Dáil Éireann in 2004; and if he will make a statement on the matter. [9546/05]

John Gormley

Question:

274 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government if he plans to review the Planning and Development Regulations 2001, to remove an anomaly whereby mobile phone base stations may not be installed on educational facilities, child care facilities or hospitals without planning permission, but may be installed on public or commercial buildings directly adjacent to such facilities without any planning permission; if his attention has been drawn to the fact that this is inconsistent not only with the latest recommendations of the UK independent expert group on mobile phones, but with the advice of the Minister for Communications, Marine and Natural Resources to Dáil Eireann in 2004; and if he will make a statement on the matter. [9596/05]

I propose to take Questions Nos. 269 and 274 together.

I refer the Deputy to the reply to Question No. 175 of today's date to my colleague the Minister for Communications, Marine and Natural Resources. I have no current proposals to amend the Planning and Development Regulations 2001 as regards mobile phone antennae, but I will keep the matter under review in the light of any advice received from the Minister for Communications, Marine and Natural Resources.

Youth Facilities.

Richard Bruton

Question:

270 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government if he is considering the development of any support scheme for skateboarding on a pilot basis; if his attention has been drawn to the financial difficulties which skateboarding park (details supplied) are experiencing; and if he will make a statement on the matter. [9598/05]

On 20 February 2005, I announced my intention to introduce a new initiative to provide, on a pilot basis, facilities for teenagers, such as skateboard parks. My Department is developing this proposal and I intend to announce specific details as soon as possible. I am aware that several local authorities, including those in the Dublin area, are already developing proposals for skateboard parks. I have, however, no information regarding the specific park referred to in the question.

Ionad Oidhreachta.

Aengus Ó Snodaigh

Question:

271 D’fhiafraigh Aengus Ó Snodaigh den Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil an bhfuil aon phleananna ann chun ionad oidhreachta a chur ar fáil do dhúiche Thailteann i gContae na Mí; ar eisigh Oifig na nOibreacha Poiblí, nó an bhfuil sé i gceist aici, bileoga eolais a éisiúnt go háitiúl faoi stair cheantar Thailteann in aice le Baile Ghib, Contae na Mí. [9613/05]

Aengus Ó Snodaigh

Question:

272 D’fhiafraigh Aengus Ó Snodaigh den Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil an eol dó go mbíonn turasóirí ag teacht ar cuairt chuig ceantar Thailteann in aice le Baile Ghib, Contae na Mí, agus go mbíonn díomá orthu toisc an suíomh tábhachtach staire agus seandálaíochta seo a bheith ar thalamh príobáideach agus é deacair teacht air; an bhfuil dá réir aon phlean ag Oifig na nOibreacha Poiblí an talamh sin a cheannach, nó cosán cuí a thógaint isteach chuige. [9614/05]

Aengus Ó Snodaigh

Question:

273 D’fhiafraigh Aengus Ó Snodaigh den Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil cad iad na deontais Eorpacha nó náisiúnta ar féidir le muintir cheantar Thailteann in aice le Baile Ghib, Contae na Mí cur isteach orthu chun togra ar nós chur chun cinn stair agus bhéaloideas an cheantair a dhéanamh. [9615/05]

Tá séí gceist agam Ceisteanna Uimh. 271 go 273 a thógáil le chéile.

Níl aon phlean ag mo Roinn talamh a cheannach no ionad oidhreachta a thógáil i gceantar Tailteann i gContae na Mí nó bileoga eolais a fhoilsiú. Seachas an Fordal Náisiúnta Oidhreachta Ailtireachta agus an Suirbhéireactha Seandálaíochta na hÉireann i gcomhar gContae, atá faoi shiúl i mo Roinnse agus a foilsítear ó am go h-am, níl aon chabhair díreach ar fáil faoi bhráid mo Roinnse chun stair agus béaloideas aitiúil a chur chun chinn. Tá na foilseacháin thuasluaite i gcomhar Chontae na Mí ar fáil ón Oifig Dhíolta Foilseachán Rialtais.

Tá deontaisí le fáil ón gComhairle Oidhreachta d'fhoilseacháin oidhreachta áitiúil agus is féidir tuilleadh eolais faoi na deontaisí sin a fháil ón gComhairle.

Question No. 274 answered with QuestionNo. 269.

Services for People with Disabilities.

David Stanton

Question:

275 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government his plans to ensure all public libraries in the State are accessible to persons with disabilities; the way in which he intends to achieve this aim; the progress that has been made in this matter to date; and if he will make a statement on the matter. [9597/05]

Part M of the national building regulations, operative from 1 June 1992, requires that persons constructing new public buildings or extending existing public buildings are obliged to provide access for people with disabilities. Advice on how to comply with Part M is contained in technical guidance document M published by my Department.

The Disability Bill 2004 is currently before the Oireachtas. In anticipation of its enactment, my Department has prepared a draft local government outline sectoral plan. There will be full consultation on this draft sectoral plan with representatives of people with disabilities over the coming months, prior to its approval by the Oireachtas under the Disabilities Bill when enacted. In so far as libraries are concerned, any requirements will be part of the accessibility plan to be prepared by local authorities and will be included in their implementation plans.

In addition to physical access to library buildings for people with disabilities, my Department is providing funding for the provision of optical scanning facilities in public libraries to assist visually impaired persons and the necessary software and equipment to assist persons with learning and literacy difficulties. A fund of €440,000 is available to meet the cost of providing 100 optical scanners in public libraries. To date, grants have been paid towards purchase, installation and associated training costs for optical scanners in 41 public libraries.

Local Authority Charges.

Billy Timmins

Question:

276 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the new charges which local authorities have been authorised to implement since June 1997; the existing charges which may have been increased; if the mechanism by which they have been calculated has changed; and if he will make a statement on the matter. [9667/05]

The following new charges or increases in existing local authority charges since June 1997 have been provided for in legislation: fees were introduced in 1997 for service stations for certificates of compliance with the Air Pollution Act (Petroleum Vapour Emissions) Regulations 1997; mortgage protection rates for house purchase loans have varied since 1997 and the administration charge that local authorities can apply to housing loans was increased from 1 July 2000 and again from 1 September 2000; fees in respect of producers of packaging waste who register for self-compliance under the Waste Management (Packaging) Regulations 1997 were introduced in 1997 and increased in 2003; fees in respect of producers of farm plastics who register for self-compliance were introduced in 1997 under the Waste Management (Farm Plastics) Regulations 1997; a new fee under the Building Control Regulations 1997 in respect of commencement notices to building control authorities was introduced from 1 July 1998; fees in respect of fire safety certificates in respect of certain buildings and for dispensations-relaxations from the building regulations for buildings other than dwellings were increased in 1998; fees for planning applications, fees payable to An Bord Pleanála, the fee payable for extending the period of planning permission and licence fees for specified appliances and structures were increased under the Local Government (Planning and Development) (Fees) (Amendment) Regulations 1998.

The Planning and Development Regulations 2001 further increased certain of these fees: fees for making a submission on a planning application and a fee for a declaration under section 5 of the Planning and Development Act 2000 as to whether development is or is not exempted development were introduced in 2001; the fee for certificates of rateable valuation was increased in 2000 — since November 2002 it has been a matter for each local authority to set the level of fee it charges for these certificates; fees were introduced for certificates of compliance with the Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002. There was no significant change in the mechanism by which increases in fees were calculated.

In addition to the fees and charges set by legislation as set out above, local authorities have powers to impose a wide range of charges for goods and services and the exercise of these powers is a matter for individual local authorities. Changes in motor tax rates, the proceeds of which are paid into the local government fund, have not been included in above as this is considered to be a taxation instrument rather than a charge for a specific service.

Billy Timmins

Question:

277 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government when a charge for a trade effluent licence fee was implemented; the rate of the fee; the way in which it is calculated; and if he will make a statement on the matter. [9668/05]

A licence granted by a local authority under section 4 or 16 of the Local Government (Water Pollution) Act 1977 may be subject to such conditions as the local authority considers appropriate. These conditions may require the making of payments by the licensee to the local authority to defray or contribute towards the costs incurred by the local authority in relation to matters such as monitoring, treating or disposing of a discharge. The amount of any such payment is a matter for determination by the relevant local authority or, on appeal, by An Bord Pleanála. The powers of a local authority to attach such conditions to a licence are provided for by section 4(5)(b) and 16(4)(b) of the 1977 Act which became effective on 1 October 1978 and 1 January 1979, respectively, by virtue of the Local Government (Water Pollution) Act 1997 (Sections 4 and 16) (Fixing of Dates) Order 1978.

An application for a licence under section 4 or 16 of the Act must be accompanied by a fee of €380. The amount of the fee is prescribed by the Local Government (Water Pollution) Regulations 1992 as amended by the Local Government (Water Pollution)(Fees) Regulations 2001. The fee serves as a contribution towards the costs incurred by a local authority in processing an application for a licence in relation to a discharge to waters or to a sewer. The regulations came into operation on 1 November 1992.

An Chomhairle Leabharlanna.

David Stanton

Question:

278 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government the funding made available in 2003 and 2004 for An Chomhairle Leabharlanna; the role and function of An Chomhairle Leabharlanna; and if he will make a statement on the matter. [9757/05]

An Chomhairle Leabharlanna was established under the Public Libraries Act 1947. Its functions, as outlined in the Local Government Act 2001, are the provision of advice, assistance and services to library authorities in relation to the public library service; the making of such recommendations to, and the provision of such services for, the Minister for the Environment, Heritage and Local Government on the public library services as the Minister may request or as the council sees fit; action to promote and facilitate library co-operation; and the maintenance and operation of the Central Library established under section 2 of the Public Libraries Act 1947. An Chomhairle Leabharlanna is funded by a levy on each library authority towards its expenses. The total levy in 2003 and 2004 was €1,094,414 and €1,112,981 respectively.

Water and Sewerage Schemes.

Ned O'Keeffe

Question:

279 Mr. N. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if his Department has been responsible for the delay in a sewerage scheme (details supplied) being put in place in County Cork; and if his attention has been drawn to the fact that the necessary capital allocation was approved for this project in 1999. [9792/05]

The Buttevant sewerage scheme has been approved for funding in my Department's water services investment programme 2004-06 under the rural towns and villages initiative.

My Department has approved Cork County Council's contract documents for the sewage collection system and it is a matter for the council to advance the tender process for these works. The waste water treatment plant for Buttevant is being separately procured as part of a grouped design-build-operate contract that also includes Kilbrin and Doneraile. My Department is awaiting submission of revised tender documents for the treatment plants for approval, as requested from the council in October 2004.

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