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Dáil Éireann debate -
Thursday, 24 Mar 2005

Vol. 599 No. 7

Written Answers.

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

Rail Services.

Denis Naughten

Question:

12 Mr. Naughten asked the Minister for Transport the work which has been undertaken to advance increased suburban commuter rail services for the northside of Dublin, particularly in relation to Luas lines and a metro from the city centre to the airport; if he has taken a decision on proceeding with a metro; and if he will make a statement on the matter. [9713/05]

Eamon Ryan

Question:

24 Mr. Eamon Ryan asked the Minister for Transport when he will make a decision regarding the connection of the red and green Luas lines; and if he will consider connecting the two lines by allowing the green line to connect to O’Connell Street from which it would then head to Parnell Square and Broadstone before following the disused Broadstone rail line to connect to Finglas. [9739/05]

Eamon Gilmore

Question:

48 Mr. Gilmore asked the Minister for Transport the position regarding the proposals for the construction of a metro system for Dublin; if new proposals on this matter have come before Cabinet; when a final decision on the metro will be made; and if he will make a statement on the matter. [9687/05]

I propose to take Questions Nos. 12, 24 and 48 together.

In my reply to Question No. 13, I will set out the current position in relation to the proposed ten year transport investment framework. This investment framework will include a comprehensive public transport investment strategy for the greater Dublin area. It will take account of the policy context established by the Dublin Transportation Office's, A Platform for Change, and proposals such as those referred to by the Deputies will be considered during its preparation.

Transport Infrastructure Strategy.

Fergus O'Dowd

Question:

13 Mr. O’Dowd asked the Minister for Transport if his officials have finalised the ten year transport infrastructure strategy; if this strategy has been approved by Cabinet; the anticipated level of funding allocated to this strategy; when it will be published; and if he will make a statement on the matter. [9712/05]

Brian O'Shea

Question:

28 Mr. O’Shea asked the Minister for Transport the number of occasions on which the Cabinet sub-committee on public transport met in 2005; whether the public transport plan has been approved; when he proposes to announce this plan; and if he will make a statement on the matter. [9671/05]

Eamon Ryan

Question:

54 Mr. Eamon Ryan asked the Minister for Transport when his Department started to analyse the order of investment priorities that will be made in the proposed new ten year transport plan; when the plan will be available; the other Departments, local authorities, State agencies and consultants which have been involved in the work; and the amount spent on outside consultancies to date in this regard. [9740/05]

I propose to take Questions Nos. 13, 28 and 54 together.

My Department made a presentation on the draft ten year transport investment framework to the Cabinet sub-committee on infrastructure, housing and PPPs on 9 March and it is currently under consideration by the sub-committee. I have also sought the advice of the Attorney General on the possible application of the EU Strategic Environmental Assessment Directive to this investment framework. I will bring proposals to Government in due course once the Cabinet sub-committee has concluded its work and I have received and considered the Attorney General's advice. It is not possible to comment on the level of funding to be made available over the ten years pending a Government decision.

The analysis of investment priorities is an ongoing feature of the work of my Department, particularly in the context of the multi-annual capital envelopes. This work is carried out in consultation with the agencies under the aegis of my Department and involves ongoing contacts and discussions with a wide range of other interested parties.

The development of the draft investment framework commenced in the final months of 2004. It is taking account of the work already done on investment priorities under the current capital envelope to end 2009 and of the various strategic studies already completed by my Department and its agencies, including A Platform for Change, the strategic rail review and the national road needs study. More specifically, my Department has engaged with Córas Iompair Éireann, the Railway Procurement Agency, the National Roads Authority and the Dublin Transportation Office in order to identify the broad direction and priorities under the ten year investment framework. My Department has also consulted with other Departments, primarily through the cross-departmental team of officials which supports the Cabinet sub-committee.

A small team of officials from my Department is developing the draft investment framework. The Department has not to date engaged any consultants to specifically assist or advise it in developing the draft framework. However, it is benefiting from the advice of Goodbody Economic Consultants, who were engaged before work on the investment framework commenced, to review the business cases submitted by CIE in support of various projects, including its greater Dublin integrated rail network proposals.

Proposed Legislation.

Denis Naughten

Question:

14 Mr. Naughten asked the Minister for Transport the extent and outcome of discussions he has had with all interested stakeholders in relation to the reform of the Transport Act 1932 and the issue of introducing competition in the Dublin bus market; when legislation to effect such reforms is anticipated; and if he will make a statement on the matter. [9715/05]

Since my appointment last year, I have met the management of Bus Éireann and Dublin Bus as well as the CIE unions and ICTU on the reform of the bus market. There have been subsequent discussions between officials of my Department and the parties involved and these discussions are continuing. Officials in my Department have also met with the Coach Tourism and Transport Council representing the indigenous private bus companies. It will be a number of months before I am in a position to bring forward legislation to replace the Road Transport Act 1932.

Toll Charges.

Joan Burton

Question:

15 Ms Burton asked the Minister for Transport the details of the planned legislation to provide for motorists who drive through toll bridges without paying to be fined by the courts; if he has had discussions with National Toll Roads regarding the introduction of this legislation; when the legislation will be introduced; and if he will make a statement on the matter. [9678/05]

Joe Sherlock

Question:

41 Mr. Sherlock asked the Minister for Transport the situation with regard to plans to introduce open tolling on national motorways; the discussions he has had with the NRA and NTR in this regard; when the necessary legislation will be published; and if he will make a statement on the matter. [9692/05]

I propose to take Questions Nos. 15 and 41 together.

Automated toll collection is currently in use on existing toll plazas and provides for one toll lane in each direction dedicated to the electronic collection of tolls. A physical barrier is used on the lanes to prevent non-payment of tolls. The only route where a move to full open road tolling, that is, no manual collection and barrier free, is being considered, is the M50. The move from the current toll arrangement on the M50 to a non-stop automated toll collection facility would be completed over a number of stages, involving a phased reduction in the cashier-coin basket lanes with a corresponding increase in payments by automated methods.

The legislative changes necessary to facilitate the implementation of barrier free tolling on automated toll collection lanes on other toll schemes, through the implementation of appropriate deterrents for non payment of tolls, have been the subject of consultation with the National Roads Authority, NTR and other companies with an interest in the operation of toll plazas. I anticipate subject to the other priorities on the legislative programme, that the draft legislation will be introduced in autumn of this year.

Road Network.

Willie Penrose

Question:

16 Mr. Penrose asked the Minister for Transport the details of the proposed new outer ring road for Dublin; the efforts which will be made to ensure that such a ring road does not contribute to further urban sprawl; the timetable for the research, planning and construction of this road; the estimated cost; and if he will make a statement on the matter. [9690/05]

The planning, design and implementation of national road improvement projects is a matter for the National Roads Authority, NRA, and the local authorities concerned. As consideration of the proposal for a Dublin outer orbital route is at an early stage the information requested by the Deputy is not available. I understand from the NRA that it is to carry out further studies on the proposal taking account, inter alia, of the national spatial strategy, the regional planning guidelines and the planning and traffic implications of such a route for the greater Dublin region and neighbouring regions.

Dublin Port Tunnel.

John Gormley

Question:

17 Mr. Gormley asked the Minister for Transport the height restriction which will apply on the Dublin Port tunnel. [9748/05]

Bernard J. Durkan

Question:

34 Mr. Durkan asked the Minister for Transport the way in which it is intended to facilitate access to the Dublin Port tunnel for HGVs approaching the city from the south and west; and if he will make a statement on the matter. [9722/05]

I propose to take Questions Nos. 17 and 34 together.

The Dublin Port tunnel when completed will have an operational height of 4.65 m. Traffic management in the city centre and in the vicinity of Dublin Port is a matter for Dublin City Council. In parallel with the opening to traffic of the Dublin Port tunnel, Dublin City Council will introduce a heavy goods vehicle traffic management strategy to ensure that maximum traffic benefits are secured from the Dublin Port tunnel. This strategy has three objectives: to ensure the optimal use by HGVs of the Dublin Port tunnel; to minimize adverse effects of remaining HGV movements in the city; and to manage the movement of vehicles not within permitted dimensions.

I understand from Dublin City Council that an implementation programme to facilitate the introduction of the HGV management strategy is currently being devised. This includes, inter alia, discussions with my Department regarding the regulatory provisions necessary to underpin the strategy.

Airport Development Projects.

Seán Ryan

Question:

18 Mr. S. Ryan asked the Minister for Transport his policy in respect of airport capacity on the east coast; the consideration which he has given to a second airport on the southside of Dublin or its hinterland; if his attention has been drawn to the serious concerns of residents in the Portmarnock area due to the implications for them of the proposed second runway at Dublin Airport; and if he will make a statement on the matter. [9673/05]

Trevor Sargent

Question:

56 Mr. Sargent asked the Minister for Transport the way in which a decision will be made on the possible commissioning of a new runway at Dublin Airport; and if he will make a statement on the matter. [9741/05]

I propose to take Questions Nos. 18 and 56 together.

Proposals in relation to the development of Dublin Airport, including the planning and provision of runway capacity, are in the first instance a matter for the Dublin Airport Authority which has statutory responsibility to manage, operate and develop the airport and to provide such facilities and services as it considers necessary for aircraft and passengers. The airport authority has submitted a planning application to Fingal County Council for a second parallel runway which is currently being processed by the planning authority.

Dublin Airport will remain the country's main airport serving the needs not just of the travelling public in our capital city and the surrounding counties but also of the country's tourism, business and freight sectors generally. Notwithstanding the greatly welcome increase over recent years in traffic at Shannon and Cork airports, and to a lesser extent at the regional airports, Dublin Airport will remain crucial to the national economy. In this regard, passenger traffic through Dublin Airport is expected to grow from over 17 million last year to an estimated 23 million in 2009 and is forecast to increase to 30 million by around 2017.

It is also noteworthy that the national spatial strategy has acknowledged that the expansion of the level of air services from Dublin Airport to a wider range of destinations is essential in the interests of underpinning Ireland's future international competitiveness. Yesterday I met representatives of the community-based organisation, UPROAR, United Portmarnock Residents Opposing Another Runway, who have concerns in relation to the proposed second parallel runway at Dublin Airport. In essence, the residents' organisation believes that the growth of Dublin Airport should be effectively capped and that further growth in Dublin-based air traffic should be catered for by a new airport on a greenfield site or through increased utilisation of the regional airports.

I do not believe that this suggestion is either feasible or practicable. As the economy grows, our infrastructure development has to keep pace so that new bottlenecks do not emerge in the transport system. Dublin Airport has considerable scope and capacity to expand to cater for future growth in air traffic for the foreseeable future and accordingly Dublin does not need a second airport. The lands necessary for the new runway began to be acquired in the late 1960s and, as far back as 1972, the then Dublin County Council included the proposed new runway in the county development plan.

The residents' organisation also has concerns about the potential environmental impacts of the proposed second parallel runway. I understand from the Dublin Airport Authority that the environmental impact statement, EIS, which accompanied the planning application describes the existing environment and the impacts of the development are explained by reference to its possible impact on a series of environmental topics, that is, people, plants, animals, soils, water, air, landscape, etc., and on material assets including architectural, archaeological heritage and cultural heritage. The EIS also outlines the company's plans to manage and mitigate any such impacts.

The current planning process provides the appropriate forum for all interested parties, including local communities and residents, to have their views and concerns on the proposed new runway heard and taken into account by the planning authorities.

Parking Regulations.

Trevor Sargent

Question:

19 Mr. Sargent asked the Minister for Transport if his Department has carried out an analysis of the benefits that may accrue from the introduction of car sharing clubs; if he will consider allocating a number of car parking spaces available to his Department for the use of such car club vehicles, both for official travel uses during the week and personal use at the weekend. [9742/05]

Car sharing clubs involve individuals or businesses paying a membership fee to join a club and some combination of a flat rate per hour or a per mile fee or both for the use of a vehicle. Vehicles are parked in strategic, convenient locations around cities, in which this scheme operates, and reserved ahead of time. The car sharing company or organisation pays for the car, fuel, maintenance, repairs, insurance, parking and cleaning. It is a concept that is gaining in popularity in some major cities in the USA. I have asked the DTO to brief my Department on the potential for such an initiative in Ireland.

Public Transport.

Fergus O'Dowd

Question:

20 Mr. O’Dowd asked the Minister for Transport when the expected review of Dublin Bus services will be completed; if this review will not lead to a reduction in services; if the money for additional buses for Dublin Bus is available; if so, the reason this money has not been allocated to Dublin Bus; when this will happen; and if he will make a statement on the matter. [9711/05]

Thomas P. Broughan

Question:

46 Mr. Broughan asked the Minister for Transport when he plans to provide the funding for the 150 promised extra buses for Dublin Bus under the national development plan; the reason he has failed to provide the promised extra buses to date; if his attention has been drawn to the fact that the number of buses in the Dublin Bus fleet has remained static since 2001; his views on whether the provision of more buses will encourage more persons to use public transport; and if he will make a statement on the matter. [9676/05]

I propose to take Questions Nos. 20 and 46 together.

Significant investment has been made to date under the national development plan in acquiring new buses for Dublin Bus. In addition, significant Exchequer funding has been provided for a new depot for these buses. As a consequence, the capacity of the fleet has been increased by nearly 25% since 1999 and the company is now carrying approximately 150 million passengers per annum.

Given the demands on the multi-annual capital budget negotiated by my Department with the Department of Finance, prudent management requires that my Department is satisfied regarding the utilisation of existing resources before considering additional funding. In this context, the management of Dublin Bus is currently examining ways of maximising the utilisation of the bus fleet, in light of the significant investment made to date under the NDP in other modes such as Luas, suburban rail and the DART upgrade, and I am awaiting the outcome of this review. I am confident that the management of Dublin Bus is progressing this review as a priority.

Given the significant expansion of public transport in Dublin which has already taken place and is planned under A Platform for Change, it is appropriate, at this stage, to consider also how best to give effect to the expansion of the bus services having regard to the requirement for an integrated public transport network in the greater Dublin area. In addition, I am also of the view that both Bus Átha Cliath, Bus Éireann and private companies have a continuing role to play in meeting the expanding transport requirements of the greater Dublin area.

Integrated Ticketing.

John Deasy

Question:

21 Mr. Deasy asked the Minister for Transport if the contract for the operation of integrated ticketing on public transport has been awarded; if smart card ticketing has been introduced on Luas services; if not, the reason therefor; if smart cards will be introduced on Dublin Bus in 2005; if these smart cards tickets will be interchangeable on Luas and bus services; and if he will make a statement on the matter. [9704/05]

I am pleased to inform the Deputy that smart card ticketing on the Luas was launched on Monday last. Currently the Railway Procurement Agency, RPA, as the statutory body responsible for integrated ticketing, project that Dublin Bus will follow with smart cards on its services by early next year. In early 2006, passengers should be able to travel on both bus and Luas services in Dublin with an integrated smart card. The RPA has informed my Department that evaluation of tenders is currently taking place for the substantive integrated ticketing contract.

Airport Development Projects.

Pat Breen

Question:

22 Mr. P. Breen asked the Minister for Transport if a draft copy of the Shannon Airport business plan has been discussed with officials of his Department; if so, if he will provide details of these discussions; if not, when the business plan will be finalised and agreed with the unions; and if he will make a statement on the matter. [9706/05]

Jimmy Deenihan

Question:

27 Mr. Deenihan asked the Minister for Transport if he intends to introduce legislation to affect the merger of the Shannon Free Airport Development Company with the recently created Shannon Airport Authority; and if he will make a statement on the matter. [9544/05]

Michael D. Higgins

Question:

30 Mr. M. Higgins asked the Minister for Transport the situation with regard to the proposed break-up of Aer Rianta; if a decision has been made on the future of Aer Rianta assets, such as the Great Southern Hotel Group; and if he will make a statement on the matter. [9688/05]

Jack Wall

Question:

33 Mr. Wall asked the Minister for Transport if he is considering the introduction of public service obligation levies for certain routes between Shannon Airport and the United States; his views on the effect these levies may have on the competitiveness of routes to the United States from Shannon; and if he will make a statement on the matter. [9700/05]

I propose to take Questions Nos. 22, 27, 30 and 33 together.

In keeping with the provisions of the State Airports Act 2004 the board of the Dublin Airport Authority has a statutory mandate to do everything necessary to give effect to the restructuring of the State airports.

The Shannon and Cork airport authorities were incorporated in October 2004 and in line with the framework provided by the State Airports Act 2004, these two new authorities will, in due course, own and operate their respective airports once sufficient distributable reserves are available to transfer the relevant assets.

Prior to the assets of Shannon and Cork airports being vested in their respective authorities, their boards are charged with preparing to assume full responsibility for the management and development of their airports. They are also empowered to undertake functions delegated to them, on an agreed basis, by the Dublin Airport Authority. Each of the airport authorities are also required to prepare comprehensive business plans for their airports. As part of this process the Dublin Airport Authority will be considering the future direction of its business, including the position of its subsidiaries.

In accordance with the 2004 Act, the transfer of assets to Shannon and Cork airport authorities cannot take place earlier than 30 April 2005 and, thereafter, a phased approach will allow one of the new airport authorities to be vested first, that is, Shannon Airport, while Cork Airport will be vested once sufficient distributable reserves have been built up within the Dublin Airport Authority.

Both I and the Minister for Finance must be satisfied as to the state of operational and financial readiness of the Shannon and Cork airport authorities before the assets of the airports are vested in those authorities. The formulation of comprehensive business plans by the new boards will be a key aspect of achieving operational and financial readiness.

The boards and managements of all three airport authorities, including Shannon, are currently preparing business plans for submission to the Ministers for Transport and Finance. A finalised business plan for Shannon has not yet been discussed with my officials but as required my officials keep in touch with the authority on progress. My understanding is that the Shannon Airport Authority will be looking to finalise its business plan as soon as possible.

The overall business planning process will entail a concerted approach by the three airport authorities. The business plans will be the subject of consultations with stakeholders, including union representatives.

As regards the possibility of merging Shannon Development and the Shannon airport authority, a working group was established by the Minister for Enterprise, Trade and Employment last year to consider options for how Shannon Development and the Shannon airport authority can best contribute to the development of the mid west region. While consideration has been given to a range of options no decision has been taken on a possible merger of Shannon Airport Authority and Shannon Development.

There is no proposal under consideration at present for the introduction of a public service obligation, PSO, regime in relation to air services between Shannon and the United States. Such an arrangement would not be permitted under the existing EU regulations governing PSOs which relate solely to intra-regional air services within the EU.

Cycle Facilities.

Ciarán Cuffe

Question:

23 Mr. Cuffe asked the Minister for Transport the new measures he will introduce to reverse the continuing decrease in the number of persons cycling in Dublin, as witnessed by a further reduction in the number of cyclists recorded in Dublin City Council's latest annual canal cordon traffic count; his views on whether the transport environment in the city may be described as one that is safe for cycling; if his attention has been drawn to the criticisms that have been raised regarding the design quality of many of the cycling facilities that have been introduced in recent years; and if he will make a statement on the matter. [9745/05]

While there has been a significant decline in the number of bicycles crossing the canal cordon inbound during the morning peak, this has to be seen in the wider context of a decline in most modes of transport crossing the cordon, including the private car. The bus is the only mode to have shown a consistent increase. The reduction in the mode share of cycling, notwithstanding greatly improved provision for cyclists, probably reflects a long-term trend, influenced by a number of factors, including: increased car ownership, increased affluence, access to additional public transport options, the ageing of the population, and a perception, especially on the part of parents, that cycling in the city is relatively unsafe.

The decline in cycling as a mode of travel to school has been an important factor in the overall reduction in cycling. The safer routes to school pilot projects co-ordinated through the Dublin Transportation Office have included schools where the use of bicycle was identified as part of the solution. While there is a positive disposition towards the bicycle, for example, inclusion of parent-financed on-road cycle training as part of the school curriculum, and significant expenditure on bicycle facilities, this has not translated itself into additional bicycle trips in these schools. I have asked the DTO to provide a comprehensive report on these pilots, in order that multi-departmental actions can be identified in relation to sustainable healthy school travel.

It is not at all clear that the perception that cycling is relatively unsafe is correct. The trend in cycling fatalities in the city council area over the period 1997 to 2003 has been encouraging. According to statistics provided by the National Roads Authority, there were cycling fatalities in 1997 but none in 2003. Figures for 2004 have yet to be published.

It is generally accepted that there were design problems with cycle facilities implemented some years ago. However, the standard of new cycle facilities has improved very significantly over recent years. The DTO is currently working on a new guidance manual for cycle facilities. This version will address changes in legislation and traffic management in the period since 1997. However, research being conducted by the Dublin City Council on the factors that influence the decision of Dublin commuters to cycle or not to cycle suggests that the presence or absence of these facilities may not be the most important factor.

The emerging implications for policy are that a more holistic approach, which involves addressing their real and perceived safety concerns of potential cyclists, is called for in order to create an attractive environment for cyclists. In the light of this, I will be asking the DTO to advise on the future direction of cycling policy for the greater Dublin area.

Question No. 24 answered with QuestionNo. 12.

Road Signage.

David Stanton

Question:

25 Mr. Stanton asked the Minister for Transport his views on the quality of signposting in the State; his plans to encourage and support an improvement in signposting; and if he will make a statement on the matter. [9540/05]

The legislative framework for the provision of traffic signs is set out in section 95 of the Road Traffic Act 1961 as amended by the Road Traffic Act 1968 and section 37 of the Road Traffic Act 1994.

The Road Traffic (Signs) Regulations 1997 to 2005 prescribe regulatory traffic signs, which include upright signs, road markings, traffic lights, and other devices which may be provided on roads by road authorities, to indicate the existence of a road regulation, to implement such a regulation, or to indicate the existence of a provision in an enactment relating to road traffic.

Responsibility for the provision, positioning and maintenance of all traffic signs on non-national roads, which include regulatory signs and road markings, warning and information signs, is a matter for individual road authorities. Responsibility for funding the provision and maintenance of traffic signs on the national roads network is a matter for the National Roads Authority.

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 including directional information signs. A copy of the manual is available in the Oireachtas Library.

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 generally.

Public Transport.

Bernard J. Durkan

Question:

26 Mr. Durkan asked the Minister for Transport the incentives he has in mind to facilitate car commuters who wish to use rail, bus or the Luas; if feeder-bus or parking facilities are anticipated; and if he will make a statement on the matter. [9723/05]

A fundamental goal of the major investment that the Government is making in public transport is to bring about a modal shift from the private car, particularly for peak period commuting in major urban areas. This is being done by expanding capacity, improving utilisation and enhancing the quality of the public transport system.

Park and ride facilities are being developed to attract car commuters onto public transport. In Cork, a major bus-based park and ride facility has recently been developed with funding from my Department and is proving very successful. In Dublin rail-based park and ride facilities have already been developed at a number of DART, suburban rail and Luas stations. Furthermore, the Dublin Transportation Office, DTO, working group on rail-based park and ride has developed a strategy for the provision of park and ride facilities at a number of locations on the existing and proposed rail network within the greater Dublin area, and has also proposed an evaluation methodology to assess the suitability of any future proposals. I am currently considering the final report detailing the locations, and factors to be considered when progressing the implementation of such facilities. Moreover, a tax incentive scheme to stimulate investment in park and ride facilities has been in place for some time.

Bus routes serving railway stations or Luas stops and dedicated feeder bus services provide an important link to rail services for commuters. However, it is a matter for bus and rail operators to plan and implement such services

Question No. 27 answered with QuestionNo. 22.
Question No. 28 answered with QuestionNo. 13.
Question No. 29 answered with QuestionNo. 10.
Question No. 30 answered with QuestionNo. 22.

Departmental Expenditure.

Ciarán Cuffe

Question:

31 Mr. Cuffe asked the Minister for Transport the projected ratio for 2005 between capital expenditure on roads and on public transport projects, excluding the annual operating subvention to CIE; and the main areas of that public transport investment. [9746/05]

The total capital provision for roads and public transport projects in 2005 is €2.041 billion, which is broken down as follows:

Roads (Euro millions)

Public Transport(Euro millions)

1,555

486

In the case of public transport it is proposed to allocate this funding to the following projects in 2005:

Project

Euro (millions)

Luas

120

Railway Safety

95

Rolling Stock

82

Major Rail Projects

83

Dublin Traffic Management

40

Accessibility

10

Integrated Ticketing

15

Other Rail and Bus Projects

41

Total

486

Road Traffic Offences.

Willie Penrose

Question:

32 Mr. Penrose asked the Minister for Transport if he will list each of the road traffic offences to which penalty points apply and the number of penalty points in each case; his proposals and the timescale for the inclusion of all other offences which are due to be included in the penalty points scheme; and if he will make a statement on the matter. [9679/05]

Bernard J. Durkan

Question:

124 Mr. Durkan asked the Minister for Transport the number of persons penalised under the penalty points system; the number that have exceeded the various categories; and if he will make a statement on the matter. [9922/05]

I propose to take Questions Nos. 32 and 124 together.

At present, the penalty points system that is provided for in the Road Traffic Act 2002 applies to four road traffic offences, namely, the offences of exceeding a speed limit, non-compliance with safety belt requirements, using a vehicle without insurance and careless driving.

For the offence of exceeding a speed limit, a driver will incur four penalty points on conviction in court or two penalty points on payment of a fixed charge. For the offence of not wearing a safety belt, a driver will incur four penalty points on conviction in court or two penalty points on payment of a fixed charge. For permitting a person under 17 years to occupy a rear seat when not wearing a safety belt or appropriate child restraint, a driver will incur four penalty points on conviction in court or two penalty points on payment of a fixed charge. For permitting a person under 17 years to occupy a front seat when not wearing a safety belt or appropriate child restraint, a driver will incur four penalty points on conviction in court or two penalty points on payment of a fixed charge. For the offence of using a vehicle without insurance, a driver will incur five penalty points on conviction in court. For the offence of careless driving, a driver will incur five penalty points on conviction in court.

All of the road traffic offences that are scheduled to come within the ambit of the penalty points system, together with details of the number of penalty points attaching to each offence, are set out in the First Schedule to the Road Traffic Act 2002 and in the amendment inserted therein by section 22 of the Road Traffic Act 2004.

The operation of the fixed charge system, provided for in the Road Traffic Act 2002, is dependent on the development of a new computerised processing system for the Garda Síochána. It is expected to have the new system available during the summer. Regulations to support the extension of the fixed charge and penalty points systems, as applicable, to a wide range of offences will be put in place when the new IT system comes on stream.

Question No. 33 answered with QuestionNo. 22.
Question No. 34 answered with QuestionNo. 17.

Port Development.

Eamon Gilmore

Question:

35 Mr. Gilmore asked the Minister for Transport the position with regard to the height of the Dublin Port tunnel; if he has plans to re-examine the height limits of the tunnel; and if he will make a statement on the matter. [9686/05]

In accordance with my announcement of October 2004, the height of the Dublin Port tunnel will not be changed. The tunnel is being completed as planned and will have an operational height of 4.65 m.

John Gormley

Question:

36 Mr. Gormley asked the Minister for Transport the analysis which has been carried out in his Department of the transport implications of the projected increase in port traffic in Dublin Port as outlined in the latest national ports policy statement of the Department of Communications, Marine and Natural Resources; if his Department has made any comments or submissions on the possible conversion of the south docks area to a new residential area as proposed by Dublin City Council; and if he will make a statement on the matter. [9747/05]

The programme for Government emphasised the importance of competitive access maritime transport and of ensuring that our ports are equipped for the demands of our growing economy through investment in and development of seamless transport systems between all modes. This has been pursued, in the case of Dublin, for example, by Government investment in major projects such as the Dublin Port tunnel, the M50 and its projected upgrade and the improvement of traffic management in the greater Dublin area generally. In its follow up to the Government's port policy statement, published in January last, which identifies, inter alia, the timely provision of adequate port capacity as a key challenge the Department of Communications, Marine and Natural Resources is now consulting with the commercial ports to determine their view of port capacity and how they intend to deal with projected capacity requirements. That Department is seeking to identify key port developments which are essential to deal with anticipated capacity deficiencies to 2014 and beyond.

In line with the ports policy statement, the Department of Communications, Marine and Natural Resources will co-ordinate with my Department in evaluating such projects in order to ensure an integrated transport policy approach is adopted.

My Department has not commented or made submissions on the development of the south docks.

Motor Insurance.

Joan Burton

Question:

37 Ms Burton asked the Minister for Transport the efforts he has made with regard to clamping down on the number of uninsured drivers on roads here; if his attention has been drawn to the Irish Insurance Federation figures showing that uninsured drivers cost insured motorists an extra €45 per year on their policies; if the new traffic corps will target uninsured drivers; the efforts he is making to reduce the cost of car insurance in general; and if he will make a statement on the matter. [9677/05]

Under the Road Traffic Act 1961, it is an offence to "use in a public place a mechanically propelled vehicle unless ... there is in force at that time an approved policy of insurance". Penalties provided for include a maximum fine of €2,500, the imposition of five penalty points and the impounding of the vehicle. Enforcement is a matter for the Garda, including members of the traffic corps.

Government policy in respect of the cost and availability of motor insurance is to implement the recommendations of the Motor Insurance Advisory Board as set out in its first and final reports. Substantial progress has already been made on the recommendations including the introduction of the PIAB and the Civil Liability and Courts Act. The Central Statistics Office consumer price index shows that the cost of motor insurance has fallen by nine percentage points during the last calendar year and, since April 2003, the cost of motor insurance has fallen by 21%.

I propose to ask my Department officials to follow up on the outstanding MIAB recommendations and also to examine the recently published Competition Authority report with a view to sustaining and building on progress to date.

National Roads Authority.

Jan O'Sullivan

Question:

38 Ms O’Sullivan asked the Minister for Transport the reason for the six-month delay in the NRA publishing the Road Collision Facts report for 2003; the action he will take to ensure that the data for this report are provided in a more timely manner in future; and if he will make a statement on the matter. [9672/05]

The publication of the annual review of road collision data is a matter for the National Roads Authority, NRA, and is undertaken by authority's research section.

I am informed by the NRA that the publication of the Road Collision Facts 2003 report was somewhat later than normal as a result of delays in the receipt of information by the NRA regarding a limited number of collisions. The reasons for the delay have since been addressed. I understand that publication of Road Collision Facts 2004 is anticipated during the second half of 2005, in line with the timeframe that usually applies.

Road Traffic Offences.

Jack Wall

Question:

39 Mr. Wall asked the Minister for Transport his views on whether measures contained in the Road Traffic Act 2004 have clarified all the areas in which prosecutions are sought with regard to speeding offences; his further views on whether no further loopholes will be exposed, such as the ruling that convictions sought on the basis of the use of a laser gun are not valid as it does not produce a written or other permanent record; and if he will make a statement on the matter. [9699/05]

The Road Traffic Bill 2004 was passed through the Houses of the Oireachtas between November and December last and enacted on 22 December 2004. A number of measures in this Act are provided to support the enforcement of a range of road traffic offences. When the text of the Act was being finalised, it was anticipated that the ruling referred to by the Deputy could emerge from the courts and section 15 of the Act has addressed the issue which was the subject of the ruling. Road traffic legislation is subjected to challenge from time to time and the interpretation of legislative provisions is ultimately a matter for the courts.

Road Safety.

Mary Upton

Question:

40 Dr. Upton asked the Minister for Transport if he has plans to update the official rules of the road handbook, in view of the fact that a new version of the book has not been issued in a decade; and if he will make a statement on the matter. [9697/05]

My Department has commenced activity to update the rules of the road booklet. It is the intention to publish a new rules of the road booklet in draft form by mid-year and to invite comments or submissions thereon. The new booklet would then be finalised in the autumn.

Question No. 41 answered with QuestionNo. 15.

State Airports.

Seán Ryan

Question:

42 Mr. S. Ryan asked the Minister for Transport the status of the study on public safety zones which was commissioned by his Department and the Department of the Environment, Heritage and Local Government; the implications of this study for a second runway at Dublin Airport; and if he will make a statement on the matter. [9674/05]

Following consideration by the Government at its meeting on 19 January 2005, the final public safety zones report is now available on my Department's website. The Government approved the drawing up of guidelines by the Minister for the Environment, Heritage and Local Government, to be issued to local authorities regarding public safety zones at the three State airports, based on ERM's report.

The issuing of guidelines by the Minister for the Environment, Heritage and Local Government will provide an opportunity for public consultation on those guidelines. When those guidelines are issued to the local authorities concerned, those local authorities will engage in further public consultation regarding any changes they propose to their development plans, should they feel that changes may be necessary on foot of the guidelines issued to them.

ERM, in drawing up its report, liaised with both Fingal County Council and with the then Aer Rianta regarding the proposed second runway at Dublin Airport. The plans for that second runway were incorporated into the public safety zones being proposed by ERM.

Road Safety.

Joe Costello

Question:

43 Mr. Costello asked the Minister for Transport if he has any plans to address the frequency of road deaths caused by cars and lorries turning off main roads into housing developments; if a disproportionate number of road deaths are caused in this manner; and if he will make a statement on the matter. [9685/05]

Statistics relating to road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority, NRA, in its annual road accident facts reports. The most recent report, Road Collision Facts, relates to 2003 and is available on the NRA website. Reports relating to previous years are available in the Oireachtas Library.

The Road Collision Facts 2003 publication indicates that there were a total of 301 fatal collisions and 5,684 injury collisions in that year, of which 63 fatal collisions and 2,011 injury collisions were at junctions. The reports, however, do not contain details of collisions which occur specifically at junctions with housing developments.

It is the policy of the National Roads Authority to seek to restrict direct access onto national roads in order to protect the substantial investment already made in the network, to improve carrying capacity and safety and to prevent the premature obsolescence of the network.

Under Part 4, Article 28 (j)(i)(ii) of the 2001 planning and development regulations, notification of planning applications which involve a new access or material widening of an access to an existing or planned national road or where the development might give rise to a significant increase in the volume of traffic using a national road, must be sent to the National Roads Authority. The authority may make submissions or observations on such planning applications in accordance with Article 29 of the regulations.

The upgrade of the national road network, involving as it does the provision of motorway or dual carriageway standard road on the major inter-urban routes and the provision of two plus one roads on other routes, will improve safety standards through the elimination of right-turning movements. Traffic calming schemes and better arrangements such as dedicated lanes where practicable, for right-turning traffic being implemented as part of the roads upgrade programme is also assisting in improving safety levels.

Pension Provisions.

Brian O'Shea

Question:

44 Mr. O’Shea asked the Minister for Transport if he will report on his recent meeting with RASA; the main issues discussed and the steps he will take to address these issues; and if he will make a statement on the matter. [9670/05]

I refer the Deputy to my reply to Question No. 325 of 22 March 2005, which stated: I am aware of the views of the Retired Aviation Staff Association, RASA, on the Aer Lingus and the Dublin Airport Authority, DAA, formerly Aer Rianta, pension scheme for general employees. These pensioners are seeking enhanced benefits under the scheme, that is, guaranteed CPI and salary indexation. However, pension entitlements for employees of commercial State bodies, including Aer Lingus and the DAA, are primarily matters for the trustees, the members of the relevant scheme and the company or companies involved.

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. A key issue is that the scheme cannot be amended without the consent of all participating employers and a majority of members. This means that no employer is in a position to negotiate exclusively with its employees as to their pension entitlements.

The rules of the scheme do not provide for automatic pension increases in line with salary movements or the CPI. However, the practice by the trustees under the scheme has been to provide increases in line with the CPI to pensions in payment. These increases are not guaranteed and not explicitly funded but depend on the performance of the pension fund and are paid at the discretion of the trustees of the scheme.

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 this matter. I met representatives of the group on 19 January 2005. 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.

Legislation has been put in place to enable both Aer Lingus and the DAA to establish new pension schemes for their own employees and pensioners. This was provided for in the Aer Lingus Act 2004 and the Air Navigation and Transport (Amendment) Act 1998, as amended by the State Airports Act 2004. However, it is a matter for the companies concerned to decide if and when a new pension scheme, or schemes, are to be established and the terms of any such schemes would be a matter for consultation with unions. The normal arrangement where pension schemes of State bodies must be approved by the Minister for Transport, following consultation with the Minister for Finance, will continue to apply. There is no guarantee that RASA's concerns can be addressed in any new schemes that might be established.

In the event of any new scheme or schemes being established, the Acts referred to previously provide that existing pensioners who come within the scope of the existing scheme will be transferred to the new scheme, unless they elect to remain in the existing scheme. The Acts also ensure that the benefits granted under such a new scheme, or schemes, shall not be less than those granted under the existing scheme.

Proposed Legislation.

Thomas P. Broughan

Question:

45 Mr. Broughan asked the Minister for Transport the details of the new legislation that is being prepared to counter the use of mobile phones by drivers; the efforts he is making to ensure that this new legislation will not be challenged in the courts; when this new legislation will be published; the exact provisions of the new legislation; and if he will make a statement on the matter. [9675/05]

Arising out of advice from the Attorney General that the existing regulations on mobile phone use by drivers may be ultra vires, the use of mobile phones while driving is under examination in my Department in the overall context of in-vehicle information and communications technologies.

Subject to the outcome of that examination it is my intention to include proposals related to the use of mobile phones by drivers in the next road traffic Bill. I do not have a precise timetable in mind for such a Bill at present.

Question No. 46 answered with QuestionNo. 20.

Heavy Goods Vehicles.

Breeda Moynihan-Cronin

Question:

47 Ms B. Moynihan-Cronin asked the Minister for Transport the progress that has been made on the reinstatement of height limits governing HGVs; and if he will make a statement on the matter. [9719/05]

In December 2004 I initiated a wide consultation process on the possible introduction of a maximum height standard for vehicles with the publication of a discussion document and an invitation to interested parties to make submissions. As outlined in the discussion document, a range of factors of national importance such as business competitiveness, rail safety, environmental and quality of life issues, protection of existing infrastructure and the need for certainty in planning for future infrastructure investment have to be taken into account in considering this matter.

At total of 41 responses to the discussion document have been received in my Department. These are being considered at present in the context of whether to impose a specific maximum height limit for vehicles.

Question No. 48 answered with QuestionNo. 12.

Taxi Regulations.

Pat Rabbitte

Question:

49 Mr. Rabbitte asked the Minister for Transport when new regulations on customer service and safety standards in the taxi industry will be implemented; the precise areas that these regulations will focus on; the number of submissions from the public he has received in this respect following the public consultation phase; and if he will make a statement on the matter. [9682/05]

I understand that the Commission for Taxi Regulation is currently reviewing existing regulations governing safety and service standards in the industry. The outcome of this review will provide the basis for the development of a new national code for the regulation of taxis, wheelchair accessible taxis, hackneys and limousines and their drivers. It is understood from the commission that in excess of 100 submissions have been received in response to the recent public consultation process and these are now being considered. It is further understood that the commission aims to complete the review process by the end of May 2005, following which the preparation of revised draft regulations will commence.

Road Safety.

Breeda Moynihan-Cronin

Question:

50 Ms B. Moynihan-Cronin asked the Minister for Transport if his attention has been drawn to the fact that local authorities have yet to receive guidelines for introduction of the new 30 km/h speed limit from his Department; the reasons for the delay; if he will expedite this matter as soon as possible; and if he will make a statement on the matter. [9718/05]

The Road Traffic Act 2004 was enacted on 22 December 2004. Section 9 of this Act came into effect on 20 January 2005 and sets out a new process for the making of speed limit by-laws by the elected members of county and city councils following the changeover to metric speed limits.

The 2004 Act also provides that the Minister for Transport may issue guidelines relating to the making of special speed limit by-laws. Draft guidelines to assist the local authorities were forwarded to representatives of the county and city managers association, the National Roads Authority, the Department of the Environment, Heritage and Local Government and the Garda Síochána for their views. In addition, my Department engaged in a consultation process with county and city councils on the draft guidelines during February and March. That process has been completed and the guidelines are being amended to reflect the views submitted to my Department. I will the statutory guidelines to the local authorities on a formal basis very shortly.

Joe Costello

Question:

51 Mr. Costello asked the Minister for Transport his views on the recent EuroRAP report on the state of roads here; his further views on whether poor road conditions are a contributory factor to the deaths of many persons in car accidents; the efforts he will make to improve the particular stretches of road that have been highlighted in this report; and if he will make a statement on the matter. [9684/05]

The aim of EuroRAP is to improve road safety by assessing risks and identifying shortcomings on national road networks across Europe that can be addressed with practical road improvement measures. This is a commendable goal and I therefore welcome the publication of its recent report on the state of Ireland's major national roads. I note that the NRA made a very substantial contribution to the preparation of this report.

The EuroRAP report found that the safety performance of the Irish major road network is broadly the same as other countries they have studied, such as the Netherlands, Britain and Sweden. The average fatal collision rate on Ireland's motorways shows that they are about as safe as those in Britain. The British rate is only slightly higher than that in Sweden and the Netherlands, but all are lower than the rate in Spain.

In general the safest types of roads are motorways but, because there are currently relatively fewer miles of motorway in Ireland than in other countries, there are fewer sections of the safest category or low risk road in Ireland than in the other countries studied. However, this will change with the substantial investment being made in improving our national road network over the next few years. Over €8 billion will be spent on the network over the period 2005-09. I expect there to be a very significant road safety dividend associated with this increased investment.

Furthermore, the NRA is already working on addressing many of the specific deficiencies identified by the EuroRAP report. This year alone almost €54 million will be spent by the NRA on road maintenance and €40 million will be spent on a range of road safety measures.

However, I must emphasise that behavioural issues and not road conditions continue to be the single biggest contributory factor to road collisions. Analysis of factors contributing to fatal and injury accidents in 2002 indicate that the key contributory factors are driver behaviour, comprising 86%, and pedestrian behaviour, comprising9.7%, whereas road factors were identified as contributory factors in only 2.5% of fatal and serious accident collisions.

Driving Tests.

Gay Mitchell

Question:

52 Mr. G. Mitchell asked the Minister for Transport if his Department has secured approval from the Department of Finance to hire additional driving testers to reduce the large backlog in the numbers awaiting a driving test; if not, the reason for the difficulty in increasing the number of testers; if he has alternative proposals to reduce the waiting times; and if he will make a statement on the matter. [9710/05]

My Department is in discussions with the Department of Finance on a number of initiatives, including the recruitment of additional testers, aimed at reducing waiting times.

Railway Stations.

Jan O'Sullivan

Question:

53 Ms O’Sullivan asked the Minister for Transport if he has had discussions with Iarnród Éireann regarding its plans to introduce fees for parking at a number of DART and suburban rail stations in Dublin and beyond; if his attention has been drawn to the Iarnród Éireann review under way into such charges; his views on whether these charges are a fair imposition on commuters who are being encouraged to use public transport rather than private vehicles; and if he will make a statement on the matter. [9691/05]

I have not had discussions with Iarnród Éireann on this matter. I understand that the company is reviewing its position regarding parking charges as the current level of parking demand far exceeds the supply and resources are required for facility expansion and maintenance. I will, of course, examine any proposals the company wishes to make in this regard.

Question No. 54 answered with QuestionNo. 13.

Airport Development Projects.

Emmet Stagg

Question:

55 Mr. Stagg asked the Minister for Transport the position with regard to the development of a second terminal at Dublin Airport; if proposals have been brought to Cabinet on this issue; the consultations which have taken place with unions and other stakeholders to date; when a final decision will be taken; and if he will make a statement on the matter. [9696/05]

Olwyn Enright

Question:

57 Ms Enright asked the Minister for Transport when a decision on a second terminal for Dublin Airport will be taken; his views on the idea of this terminal being built and operated by the Dublin Airport Authority; his further views on the proposed development of the pier D project by the Dublin Airport Authority; and if he will make a statement on the matter. [9708/05]

Olivia Mitchell

Question:

118 Ms O. Mitchell asked the Minister for Transport if he intends to seek a site assessment study to ensure the selection of an optimum site for a second terminal at Dublin Airport; and if he will make a statement on the matter. [9798/05]

I propose to take Questions Nos. 55, 57 and 118 together.

Passenger traffic through Dublin Airport is forecast to grow from last year's level of over 17 million passengers to 30 million by around 2018. New infrastructure capacity and facilities, both airside and landside, will be needed to cater for this growth including further terminal capacity. The issue at this point is how best to ensure that additional capacity is provided to meet passenger growth.

With regard to pier D, as the Deputy is aware, my predecessor directed the former Aer Rianta not to make any irrevocable commitments on that proposed facility until further notice. In part, that was due to the linkage between the provision of further pier capacity and the concept of a second independent terminal at Dublin Airport.

Recognising that an early decision is desirable in relation to these matters so that, regardless of how it is provided, adequate terminal capacity is in place at Dublin Airport when required to meet the growth in passenger traffic, I am currently finalising proposals that I will bring to Government very shortly. My objective in putting proposals to Government will be to ensure the provision of terminal and pier capacity on an efficient, cost effective basis. Once the Government decision is made, the detailed planning and implementation process will address the location of a new terminal at the airport.

Question No. 56 answered with QuestionNo. 18.
Question No. 57 answered with QuestionNo. 55.

Air Services.

Emmet Stagg

Question:

58 Mr. Stagg asked the Minister for Transport his views on the new EU rules obliging airlines to offer compensation for delays, cancellations and overbooking; when the Government will establish the independent body to deal with passengers’ complaints against airlines, in line with European Commission instructions; and if he will make a statement on the matter. [9695/05]

New rights for passengers under Regulation 261/2004 came into force automatically in every EU member state on 17 February 2005. Passengers are now automatically entitled to compensation from an airline, depending on the circumstances, in the event of a long delay, cancellation at short notice or if denied boarding. Passengers should apply directly to the airline concerned for compensation.

No Irish legislation is required to confer these passenger rights, which come into being on foot of the EU regulation directly, but each member state is required to designate a body responsible for the enforcement of the regulation. A passenger may complain to that body if he or she is not getting the assistance he or she is entitled to from air carriers.

My Department is currently finalising its consideration of transposition of the EU regulation, including the drafting of the necessary statutory instrument which will provide for designation of a body responsible for enforcement. Under the draft statutory instrument, the designated body will have the power to prosecute any airline that it considers is not complying with the EU regulation. Passengers may bring legal action against the airlines to obtain compensation if it is not forthcoming from the airline.

Long-Term Illness Scheme.

Joe Costello

Question:

59 Mr. Costello asked the Tánaiste and Minister for Health and Children the services and funding available to persons suffering from diabetes; and if she will make a statement on the matter. [9762/05]

Persons suffering from diabetes have the same eligibility for services as all other persons and, in addition, they qualify for benefits under the long-term illness scheme, LTI. Under the LTI persons suffering from diabetes are entitled to obtain free of charge drugs and medicines necessary for the treatment of the condition.

Ambulance Service.

Jerry Cowley

Question:

60 Dr. Cowley asked the Tánaiste and Minister for Health and Children the progress she has made in the establishment of an all-Ireland helicopter emergency medical service as recommended by the HEMS feasibility study consultants report which was published on 30 April 2004; if she has completed discussions with other Ministers on the matter; if there has been any recent meeting held in relation to establishing this service; and if she will make a statement on the matter. [9770/05]

The report of a consultancy study jointly commissioned by my Department and the Department of Health, Social Services and Public Safety, Belfast, DHSSPS, on the costs and benefits associated with the introduction of a dedicated helicopter emergency medical service, HEMS, for the island of Ireland was published last year and is available on my Department's website.

The study concluded that the introduction of a dedicated inter-hospital transfer service would be appropriate in an all-island context. Inter-hospital air ambulance services are currently provided by the Air Corps and the Irish Coast Guard, subject to the nature of the mission, available aircraft and other operational commitments.

My Department is continuing to liaise with the Department of Defence on the preparation of a service level agreement which will formalise arrangements for the future provision of an air ambulance service by the Air Corps. It is expected that this work will be completed shortly. The Deputy will be aware that a significant helicopter fleet replacement programme has recently been approved and is being put in place for the Air Corps. Each of the new helicopters will have a specific air ambulance capability and the new fleet will have a far greater flying capacity than is available currently. In addition, my Department has reached agreement with the Department of Communications, Marine and Natural Resources that the Irish Coast Guard will continue to provide air ambulance services on the same basis as heretofore.

Medical Cards.

Jerry Cowley

Question:

61 Dr. Cowley asked the Tánaiste and Minister for Health and Children if, for returning emigrants, there is a three month period following arrival during which they may use their British medical card to obtain treatment here; and if they receive treatment and pay a doctor, the way in which they may reclaim this sum; and if she will make a statement on the matter. [9771/05]

The arrangements for the co-ordination of social security systems, including health care benefits, among EU member states are set out in EU Regulations 1408/71 and 574/72. Persons covered by these regulations who are residing or staying in Ireland are entitled, free of charge, to all health care provided for by Irish legislation, where the cost of this treatment is payable by the institution of a member state other than Ireland.

In general, this means that a person residing in Ireland and in receipt of a contributory social security payment from the UK or indeed any other member state, may receive a medical card under EU regulations, where they are not also in receipt of a contributory social welfare payment from the Department of Social and Family Affairs or employed in Ireland and subject to PRSI.

Non-contributory social security payments are not usually exportable under the regulations, that is to say, such payments cease when the recipient has transferred residence from the country making the payment. An individual who was receiving such payments and to whom these payments were no longer being paid on taking up residence in Ireland would therefore be subject to the standard means test for a medical card in these circumstances. On joining the EU, the arrangements for the co-ordination of Ireland's social security system including health care benefits with those of the other member states were agreed under the terms of EU Regulation 1408/71.

The form E119 provides cover for persons in receipt of unemployment benefit, and their dependants, who go to another member state looking for work. This cover is provided by the sickness institution of that country and the form is available from the Department of Social and Family Affairs. The E119 provides for medical cover similar to that received by a medical card holder while unemployment benefits are being transferred.

Care of the Elderly.

Dan Boyle

Question:

62 Mr. Boyle asked the Tánaiste and Minister for Health and Children the level or degree of consultation which she has entered into with the National Council on Ageing and Older People on the content and issues surrounding the Health (Amendment)(No. 2) Bill 2004 and the Health (Amendment) Bill 2005. [9772/05]

Following legal advice from the Attorney General, in relation to the legal basis for charging for in-patient services in publicly-funded long-stay institutions, my Department issued instructions to all health boards and the ERHA to cease imposing any such charges pending the introduction of the appropriate legislation. This resulted in an estimated loss of income in the region of €2 million per week and it was important that this source of income be secured as it is applied towards health services exclusively and does not revert to the Exchequer. Emergency legislation in the form of the Health (Amendment) (No. 2) Bill 2004 was therefore prepared, to provide a legal basis for charging for in-patient services in long-stay institutions, to secure this income. Given the requirement for urgent legislation and the limited timeframe involved it was not possible to enter into an extensive consultation process.

The decision of the Supreme Court of 16 February 2005 brought clarity to the matter and paved the way for the introduction of the Health (Amendment) Bill 2005 as the court did not find the provisions to provide for prospective charges of in-patients to be repugnant to the Constitution. The court stated, "In authorising the Minister to impose charges on the specified category of person, the Oireachtas clearly intended that the resources of the health boards would benefit so as to better enable them to provide the services in question while at the same time seeking to avoid doing so in a manner which would cause undue hardship". The court also pointed out "It was clearly the intention of the Oireachtas that any charges would not cause undue hardship generally or in individual cases and no doubt that is why it fixed the maximum charge at 80% of the pension".

Governments going back over 30 years have supported and implemented the policy of requiring some contribution towards shelter and maintenance of people with full eligibility in long-stay care institutions. I intend to meet the National Council on Ageing and Older People and groups representing older people in the near future to discuss the repayments scheme and other aspects of policy on long term care.

Dan Boyle

Question:

63 Mr. Boyle asked the Tánaiste and Minister for Health and Children the level or degree of consultation her predecessors entered into with the National Council on Ageing and Older People or with previous statutory bodies such as the National Council for the Elderly and the National Council for the Aged. [9773/05]

The National Council on Ageing and Older People was established on 19 March 1997 in succession to the National Council for the Elderly, January 1990 to March 1997, and the National Council for the Aged, June 1981 to January 1990. The functions of the council are to advise the Minister on all aspects of ageing and the welfare of older people, either at its own initiative or at the request of the Minister on issues such as social inclusion, health promotion, encouraging greater understanding between statutory and voluntary bodies and the implementation of policy reports as commissioned by my Department.

As the Deputy may be aware, one of the major policy documents that the national council was involved with was The Years Ahead Report: A review of the implementation of its recommendations, which was published in 1988. The recommendations as contained in this review together with priority areas highlighted by the Health Service Executive, were taken into account when the health strategy, Quality and Fairness, a Health System for You, published in 2001, was being prepared. The council plays a vital role in identifying and promoting models of good practice in the care of older people and service delivery to them, in conjunction with the continuous liaising with statutory, voluntary, and professional bodies involved in the development and or implementation of national regional policies.

Health Services.

Cecilia Keaveney

Question:

64 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children when development funding will be made available from her Department for services within the northern area of the Health Service Executive; and if she will make a statement on the matter. [9822/05]

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 neurology services. Accordingly, my Department has requested the chief officer for the executive's north-western area to investigate the matter raised and to reply directly to the Deputy. I might add that last December my Department provided additional revenue funding of €200,000 to the North Western Health Board for the development of neurology services.

Paudge Connolly

Question:

65 Mr. Connolly asked the Tánaiste and Minister for Health and Children her views on the case of a person (details supplied) in County Cavan; and if she will make a statement on the matter. [9824/05]

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

Paudge Connolly

Question:

66 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of children in County Monaghan accessing child psychiatric services; and if she will make a statement on the matter. [9825/05]

Paudge Connolly

Question:

67 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of children in County Cavan accessing child psychiatric services; and if she will make a statement on the matter. [9826/05]

Paudge Connolly

Question:

68 Mr. Connolly asked the Tánaiste and Minister for Health and Children the waiting times involved for children in County Cavan seeking to access child psychiatric services; and if she will make a statement on the matter. [9827/05]

Paudge Connolly

Question:

69 Mr. Connolly asked the Tánaiste and Minister for Health and Children the waiting times involved for children in County Monaghan seeking to access child psychiatric services; and if she will make a statement on the matter. [9828/05]

I propose to take Questions Nos. 66 to 69, inclusive, together.

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

Hospital Services.

Willie Penrose

Question:

70 Mr. Penrose asked the Tánaiste and Minister for Health and Children if she will take steps to have a person (details supplied) in County Offaly who requires two operations admitted to hospital; and if she will make a statement on the matter. [9851/05]

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

National Treatment Purchase Fund.

Richard Bruton

Question:

71 Mr. Bruton asked the Tánaiste and Minister for Health and Children what systems are in place to ensure that work for the NTPF is not done by consultants during times that they are listed for public work; and if she will make a statement on the matter. [9856/05]

Richard Bruton

Question:

72 Mr. Bruton asked the Tánaiste and Minister for Health and Children the lessons which can be learned from the case of persons (details supplied). [9857/05]

Richard Bruton

Question:

74 Mr. Bruton asked the Tánaiste and Minister for Health and Children if there are any circumstances in which private patients who have paid a fee to a private consultant can obtain treatment under the National Treatment Purchase Fund; the checks that are in place to deal with this in Beaumont, the Mater and the Children’s Hospital, Temple Street. [9859/05]

I propose to take Questions Nos. 71, 72 and 74 together.

The national treatment purchase fund, NTPF, which is now a statutory body, is charged with responsibility for arranging treatment for those patients waiting longest for admission to hospital. To date, the NTPF has arranged treatment for some 27,000 patients.

My Department has asked the chief executive of the NTPF to reply directly to the Deputy on the issues raised.

Hospital Services.

Richard Bruton

Question:

73 Mr. Bruton asked the Tánaiste and Minister for Health and Children the system of reporting by consultants on the mix of public and private patients receiving procedures in public hospitals, which is made to hospital chief executive officers; and if this information is publicly accountable and monitored in Beaumont, the Mater and the Children’s Hospital, Temple Street. [9858/05]

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

Question No. 74 answered with QuestionNo. 71.

Health Services.

Richard Bruton

Question:

75 Mr. Bruton asked the Tánaiste and Minister for Health and Children if her Department has received the results of a pilot study on the use of digital hearing aids; if she has assessed the findings; and if she has set out a policy framework for the health service for which it is appropriate to provide this technology to clients of the service. [9860/05]

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

The former Eastern Regional Health Authority conducted a pilot project to evaluate the appropriateness of introducing digital and digitally programmable hearing aids into the community audiology service. The project commenced in 2001 and a final report was produced in 2003. Staff training was provided as part of the pilot project; digital and digitally programmable hearing aids were issued to a selected number of people with hearing loss. In 2003, digitally programmable hearing aids were introduced in the former health boards and continue to be supplied by the community audiology service.

The report on the pilot project concluded that in order to introduce digital hearing aids into the community audiology service, a number of factors need to be considered. All staff engaged in hearing aid fitting would require training and updating in order to use the new technology. Appropriate technology would have to be provided to staff in order to carry out the correct programming of hearing aids. In addition, in the event of new technology being introduced, hearing aid fitting appointments would be more prolonged than at present with the possibility of longer waiting times.

My Department has been informed by the HSE that a tendering process for the supply of hearing aids, both analogue and digital, has just been completed by the national audiology service. The Department has been further informed that staff are currently being trained to work with the new hearing aids.

Dan Boyle

Question:

76 Mr.Boyle asked the Tánaiste and Minister for Health and Children if she has received correspondence from the Children’s Leukaemia Association outlining concern at the imminent retirement of a consultant haematologist, specialising in child haematology, and the lack of an appropriate response from the outgoing Southern Health Board or the newly established Health Service Executive, southern region, to ensure a direct and immediate replacement for this position; if she has responded to this correspondence; and the action she will take to ensure that there is not a diminution of service in this area. [9861/05]

I have received the correspondence referred to by the Deputy and I will reply to the association shortly.

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 chief officer of the southern area of the executive to investigate the matters raised and to reply directly to the Deputy.

Aengus Ó Snodaigh

Question:

77 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if the review of the operation of Carmichael centre has been completed; and if she will make a statement on the matter. [9871/05]

The review of Carmichael centre has been completed by a consultant engaged by the Health Service Executive, eastern regional area. However, the report of the review has not yet been completed, pending the receipt of outstanding information from Carmichael centre.

John Cregan

Question:

78 Mr. Cregan asked the Tánaiste and Minister for Health and Children the situation in relation to the granting and supply of home care packages in each region of the HSE; the approximate number of such packages in each region; if clarification on the granting of future packages will be given; if there is a list of approved but waiting cases in each region; the reason the home care package for a person (details supplied) in County Kerry, approved as maximum dependency, has not commenced; and when same will commence. [9887/05]

Home care grant schemes have been piloted by the Health Services Executive in a number of areas. The purpose of these schemes is to support older people at home as an alternative to long-term residential care. Older people who are discharged from the acute hospital system and those living in the community have been targeted under these schemes.

The Department has been working with the HSE to develop a national home care grant scheme. A draft of the scheme is currently being finalised by the HSE. Funding of €2 million has been allocated to the HSE in 2005 to introduce the scheme. Funding of €113.75 million was allocated in 2004 to the home help service to support older people living in the community. This funding was increased to €118.75 million in 2005.

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 operation of the home care grant scheme. Accordingly, my Department has requested the national director of primary, community and continuing care of the HSE to investigate the matters raised and to reply directly to the Deputy.

On the specific case referred to by the Deputy, my Department has asked the chief officer for the executive's southern area to investigate the matter raised and to reply directly to the Deputy.

Hospital Services.

Róisín Shortall

Question:

79 Ms Shortall asked the Tánaiste and Minister for Health and Children if she will take action on the case of a person (details supplied) in Dublin 17 who was due to have an urgent medical procedure performed in Beaumont Hospital; when this procedure will be carried out; and if she will make a statement on the matter. [9888/05]

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

General Practitioners.

Róisín Shortall

Question:

80 Ms Shortall asked the Tánaiste and Minister for Health and Children the process by which new general practitioner practices are approved; the number of such new positions which were approved in each of the past five years by the approving body; if UK or other EU trained doctors have the same rights as Irish trained doctors; and if she will make a statement on the matter. [9889/05]

Under the Medical Practitioners Act 1978, the Medical Council is the statutory body charged with primary responsibility for the registration and regulation of medical practitioners. Doctors wishing to practice medicine in Ireland, including those wishing to establish themselves in general practice, should be registered with the Medical Council.

UK and other EU trained doctors with the appropriate qualifications enjoy the same rights as Irish trained doctors, providing they meet the requirements of Directive 93/16/EEC, to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications.

A significant review of the Medical Practitioners Act has been undertaken by my Department and a new Medical Practitioners Bill is being drafted at present. As part of the changes proposed, a scheme of competence assurance, to be administered by the Medical Council, will be enshrined in legislation. The aim of the scheme is to ensure that doctors in independent practice, including general practitioners, will maintain their knowledge, skills and competence throughout their working lives.

General practitioner services are provided to eligible public patients under the general medical services, GMS, scheme on the basis of a contract agreed with the GP representative body, the Irish Medical Organisation, and the Department of Health and Children. The GMS GP contract includes provisions for the filling of vacant positions or for creating new posts. Under the terms of the contract, the final decision in respect of new or vacant posts rests with the chief officer of the relevant Health Service Executive areas on foot of a consultative process. The GMS GP contract also provides for the recruitment of partners and assistants, with a view to partnership. All appointments in respect of vacancies, new posts, partners and assistants, with a view to partnership, are made by open competition following advertisement and competitive interview. The HSE will be requested to forward information directly to the Deputy in respect of the number of new positions approved by chief officers in each of the past five years.

It should also be noted that, with the introduction of enhanced medical card eligibility in 1999 and full medical card eligibility in 2001, for persons aged 70 and over, one-off entry arrangements were agreed between the IMO and the Department of Health and Children to allow GPs treating such patients to qualify to provide services under the GMS scheme.

Health Service Staff.

Róisín Shortall

Question:

81 Ms Shortall asked the Tánaiste and Minister for Health and Children the process by which consultant doctors are approved to practise; the number of consultants currently approved in each of the specialties; the basis on which these staffing levels are set; if she is satisfied there are adequate numbers of consultants in each of the specialties; and if she will make a statement on the matter. [9890/05]

Under the Medical Practitioners Act 1978, the Medical Council is the statutory body charged with primary responsibility for the regulation and registration of medical practitioners. All doctors wishing to practise medicine in this country should be registered with the Medical Council. The Medical Council sets out the relevant qualifications, training and experience required for registration.

The national hospitals office, Comhairle, informed me that on 22 March 2005 the number of approved hospital consultant posts was 1,947. These posts are divided into medical specialties as follows: anaesthesia 287; emergency medicine 52; medicine 378; obstetrics and gynaecology 104; paediatrics 108; pathology 176; psychiatry 295; radiology 183; and surgery 364.

Staffing levels are set following detailed analysis of current staffing, workload, casemix, existing work practices and resource requirements in each specialty and sub-specialty. Service needs are influenced by many factors, including the nature and frequency of disease and disorders, population demographics, available therapy and service provision. Detailed policy advice on the organisation and operation of hospital services is formulated by national committees or advisory groups established by the Minister for Health and Children, the national hospitals office — Comhairle, individual specialty associations and training bodies.

It is Government policy to substantially increase the number of consultants in 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 be the consultants of tomorrow. There is a need for the development of a coherent, strategic approach to workforce and human resource planning. This should be aligned closely with strategic objectives and the service planning process. Planning for the development of new and existing services must be based on a robust and realistic assessment of the skill and human resource needs to deliver these services. The way forward is to have enhanced skills mixes by matching skills to service needs, which will subsequently benefit patients and empower health personnel to reach their full potential. This optimises their contribution to quality health 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.

Hospital Staff.

Bernard J. Durkan

Question:

82 Mr. Durkan asked the Tánaiste and Minister for Health and Children the position in regard to the fitness to practise issue in the case of a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [9899/05]

The issue raised is a matter for An Bord Altranais, the statutory body responsible for the regulation of the nursing and midwifery profession.

Part V of the Nurses Act 1985 provides for fitness to practise procedures. The Minister for Health and Children has no involvement in fitness to practise inquiries, other than to receive notification from the board in accordance with section 46 of the Nurses Act, where appropriate, upon completion of the process.

Hospital Services.

Caoimhghín Ó Caoláin

Question:

83 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children when the CT scanner for Monaghan General Hospital will be put in place; and if she will make a statement on the matter. [9913/05]

Caoimhghín Ó Caoláin

Question:

84 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if the ten additional beds for Monaghan General Hospital and the 19 additional beds for Cavan General Hospital have been delivered; and if she will make a statement on the matter. [9914/05]

Caoimhghín Ó Caoláin

Question:

85 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she will report on progress on the external upgrading of Monaghan General Hospital; and if she will make a statement on the matter. [9915/05]

I propose to take Questions Nos. 83 to 85, inclusive, 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 Cavan and Monaghan hospitals. Accordingly, my Department has requested the director of the national hospitals office to investigate the matters raised and to reply directly to the Deputy.

Services for People with Disabilities.

Caoimhghín Ó Caoláin

Question:

86 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she has received a full report from the Health Service Executive on the case of persons (details supplied) in County Meath; the action she proposes to take to enhance services for persons with autism as a result of this case; and if she will make a statement on the matter. [9916/05]

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.

The Minister for Finance, in his 2005 budget, made available additional funding 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.

When launching the national disability strategy, the Taoiseach announced the Government's commitment to a multi-annual investment programme for disability 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 to 2009. It will be a matter for the Health Service Executive to allocate this funding.

The taking of children into care is governed by the Child Care Act 1991, as amended by the Health Act 2004, and is a matter for the Health Service Executive. While it is not appropriate to comment on individual cases, I understand that the Minister of State at the Department of Health and Children, Deputy Brian Lenihan, has asked the Health Service Executive if it proposes to carry out a review of this case and to advise him on the matter.

Office of the Ombudsman.

Paul Kehoe

Question:

87 Mr. Kehoe asked the Minister for Finance if he has plans to extend the remit of the Ombudsman’s office to include disputes between third level educational institutions and their students; and if he will make a statement on the matter. [9811/05]

A Bill to amend the Ombudsman Act is being prepared, which is intended, inter alia, to extend the Ombudsman’s existing remit to a number of public institutions, including the universities.

Under the existing Ombudsman Act, the Ombudsman is empowered to investigate an administrative decision taken by a body listed in a Schedule to the Act, where such decision aggrieves a person in his or her individual capacity and falls into various categories of misbehaviour.

The universities are not among the bodies covered by the Act at present. However, in 1999, the Government approved the draft scheme of an Ombudsman (Amendment) Bill, which listed the universities among the bodies to be brought under the Ombudsman's jurisdiction.

It is expected that this would be given effect shortly after the Bill, which is expected to be published in mid-2005, is enacted. Making the universities subject to the Act does not, however, mean that all disputes between students and the universities will be investigated by the Ombudsman. The Ombudsman may only investigate an administrative action and certain actions by universities, including exams and other academic assessments, may fall outside that definition. The Ombudsman is also precluded from investigating administrative actions where there is an independent appeals body to deal with them. The universities have established, or are understood to be establishing, independent appeals facilities covering much of their operations.

It is clear that the body that represents the heads of the universities was unaware that it had been decided to bring the universities within the Ombudsman Act in 1999. In that context, they were surprised when the Department of Education and Science approached them, as a result of a query by our Parliamentary Counsel before Christmas, about activities such as campus companies which it would be appropriate to exclude. The universities would prefer to keep the Ombudsman away, on the grounds that students are members of their university and may seek a meeting to establish the details of what will be covered.

Tax Code.

Jerry Cowley

Question:

88 Dr. Cowley asked the Minister for Finance if he will introduce a special tax incentive scheme due to the loss of approximately 1,000 jobs in north Mayo in the past five years and the lack of economic development in the area, particularly in view of the closure of the Bellacorrick power station in north Mayo; and if he will make a statement on the matter. [9787/05]

I announced in the budget that my Department and the Revenue Commissioners will undertake a thorough evaluation of the effect of all relevant tax incentives, including certain area-based schemes such as the urban, rural and town renewal schemes. These are scheduled to terminate on 31 July 2006. I confirmed to the House that the termination dates laid down in the Finance Act 2004 remain unchanged. In view of this work, it would be inconsistent to consider any proposal for a new area-based tax incentive scheme.

Initiatives aimed at employment generation fall within the remit of the Minister for Enterprise, Trade and Employment and are a matter for that Minister in the first instance.

Willie Penrose

Question:

89 Mr. Penrose asked the Minister for Finance if, in a situation where a person who has a family member with special needs must move house and purchase a second-hand house, the stamp duty payable in respect of the purchase of a second-hand house can be waived; and if he will make a statement on the matter. [9788/05]

The stamp duty code does not provide exemptions based on an individual's particular circumstances and introducing such a provision would represent a significant departure from normal stamp duty rules. If such an exemption were introduced, other special cases would demand similar treatment, which would lead to a narrowing of the stamp duty base. This would run counter to the Government's taxation policy of having a wide tax base in order to keep direct tax rates low.

Stamp duty is a significant contributor to the Exchequer and stamp duty receipts allow for a broader tax base than would otherwise be possible. These receipts form an important element of State revenues, which permit Government spending on services such as health and education.

The Department of the Environment, Heritage and Local Government advises that a scheme of disabled person's grants is operated by local authorities, with capital provision from that Department. These grants are designed to meet the needs of persons who are either physically handicapped or are suffering from severe mental handicap or mental illness. Where a new dwelling is bought or built, a maximum grant of €12,700 is payable. In the case of adaptation of an existing dwelling, 90% of the approved cost of the work is available, up to an effective maximum grant of €20,320. Full details of the scheme and the conditions applicable are available from the local authority in the area where the dwelling is situated.

There is no legislative provision to waiver stamp duty on grounds outlined by the Deputy and there are no plans to introduce such exemptions to the stamp duty code.

Seamus Kirk

Question:

90 Mr. Kirk asked the Minister for Finance if, in view of the very serious economic position of dairy farmers, he will consider the possibility of allowing farmers offset losses in 2005 against profits for any relevant year, or years, within the past 12 years; and if he will make a statement on the matter. [9804/05]

There are a number of provisions in the tax code to deal with offsetting losses incurred by farmers in a tax year.

Section 381 of the Taxes Consolidation Act 1997 permits a person chargeable to income tax who suffers a loss in a trade or profession, including farming, to set off the amount of the loss against income from all sources for the relevant tax year. Relief may only be claimed under this section in respect of a tax loss sustained in the tax year for which the claim is made. This set off against income from all sources has the effect of reducing the taxpayer's total taxable income for the year a claim for relief is made under this section. To the extent that the recalculation shows an over payment of tax, the taxpayer is entitled to a repayment. A claim to loss relief under this provision may be either created or augmented by claiming capital allowances to increase the quantum of the loss. Loss relief under this section can be claimed not only against the income of the lossmaker, but also against the income of that person's spouse, in the year of loss, provided the couple is not treated separately for tax purposes.

Notwithstanding the option of setting losses against other income in the year in which a loss is incurred, a taxpayer, including a farmer, may decide instead to carry losses forward, under section 382 of the Taxes Consolidation Act 1997, for relief in a later tax year. In that event, the loss may only be set against subsequent taxable profits from the same trade or profession. There is no time limit on how far forward losses can be brought, provided the same trade continues in existence. Relief under section 382 is only available to the extent that the loss has not been offset against other income under section 381. The relief is given from the profits of the first subsequent year of assessment, with any balance being carried forward and set against the profits of the next subsequent year of assessment and so on.

Section 385 of the Taxes Consolidation Act 1997 provides that where a trade or profession, including farming, is permanently discontinued and a loss is suffered immediately before the time of the discontinuance, then the amount of that loss may be set against other income from that same trade or profession for the three years prior to the year of cessation, with later years being relieved before earlier years.

The general rules outlined above apply equally to farming, subject to certain restrictions for persons not farming on a commercial basis.

There are no proposals to amend the current tax treatment of losses arising from farming as the legislation covering such treatment of losses makes adequate provision for farmers. In addition, there is a generous package of reliefs and specific arrangements that continue to be available exclusively to the farming sector. These include income averaging; stock relief; accelerated capital allowances for expenditure incurred on farm buildings; accelerated capital allowances for expenditure incurred on certain pollution control measures; capital allowances for expenditure incurred on the purchase of milk quota; an exemption from income tax for certain income from certain leased farmland; and special tax treatment in respect of profits accruing as a result of the disposal of stock under statutory disease eradication measures. Furthermore, certain young trained farmers can also qualify for full relief from stamp duty on the transfer of land and can also avail of enhanced stock relief of 100%.

Disabled Drivers.

John Perry

Question:

91 Mr. Perry asked the Minister for Finance if his attention has been drawn to the difficulties for a person with a disease, for example multiple sclerosis, to obtain a primary medical certificate; if his attention has further been drawn to the fact that the certificate allows a person to claim back VAT and VRT on motor vehicles after same have been adapted for a person with a disability; if he will reverse the decision to change the criteria, which makes it even harder for persons with disabilities to obtain a certificate; and if he will make a statement on the matter. [9854/05]

The disabled drivers and disabled passengers tax concessions scheme is open to people with disabilities who meet the specified criteria and have obtained a primary medical certificate to that effect. The senior area medical officer attached to the relevant local health board is responsible for both the medical assessment and the issuing of the medical certificate.

The medical criteria for the purposes of the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. Six different types of disability are listed under the regulations and a qualifying person must satisfy one or more of them. The six types of disability are as follows: Persons who are wholly or almost wholly without the use of both legs; persons who are wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs; persons without both hands or without both arms; persons without one or both legs; persons wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; persons having the medical condition of dwarfism and who have serious difficulties of movement of the lower limbs.

An individual who qualifies under the medical criteria, as set out above, is issued with a primary medical certificate. Possession of a primary medical certificate qualifies the holder for remission or repayment of vehicle registration tax, VRT, a repayment of value added tax, VAT, on the purchase of the vehicle and a repayment of VAT on the cost of adaptation of the vehicle. Repayment of the excise duty on fuel used in the motor vehicle and exemption from annual road tax to local authorities are also allowed.

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

There have been no recent changes restricting the qualifying medical criteria for the scheme, as suggested in the question. Indeed, the most recent change to the qualifying medical criteria, in 1994, extended the medical criteria.

Tax Code.

Bernard J. Durkan

Question:

92 Mr. Durkan asked the Minister for Finance if and when a refund of income tax paid will be made in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [9898/05]

The Revenue Commissioners advise that a PAYE refund for the year 2004 was dealt with on 15 February 2005 and the cheque in respect of the refund was lodged, at the customer's request, to his bank account.

Special Savings Incentive Scheme.

John Perry

Question:

93 Mr. Perry asked the Minister for Finance if his attention has been drawn to the fact that persons holding an SSIA account have to ask their bank for a disclosure notice three months before the savings term ends; the steps which will be taken to notify all account holders of this regulation; and if he will make a statement on the matter. [9917/05]

The special savings incentive accounts scheme commenced in May 2001 and entry to the scheme closed in April 2002. The scheme is a five year savings scheme in which the Exchequer tops up, by way of a tax credit, subscriptions by an individual to his or her SSIA. The accounts mature at the end of the five year period and, provided the individual saver complies with certain conditions laid down in the legislation governing the scheme, the only tax liability which the account will attract will be a once-off tax of 23% on the profit earned from the investment both of the subscriptions and of the Exchequer tax credit.

Where savers fail to comply with the conditions of the scheme the SSIA is treated as ceasing and all the money in the account is taxed at 23%.

One of the conditions contained in the SSIA legislation is that, in order for an account to mature, account holders must make a maturity declaration, called an SSIA4, to their financial institution at any time within a period of three months ending on the maturity date. These maturity dates will arise at the end of each month during the period 31 May 2006 to 30 April 2007.

The savers must declare that at all times in the period from the date on which their SSIA started until the date the declaration is made, they were the beneficial owner of the assets in the SSIA; had only one SSIA; were resident or ordinarily resident in the State; subscribed to the SSIA from funds available to them, or their spouse, without recourse to borrowings or the deferral of repayment, whether of capital or interest, of sums borrowed when the SSIA started; and did not assign or otherwise pledge SSIA assets as security for a loan.

The Revenue Commissioners have informed me that they are currently consulting with financial institutions to ensure that the above maturity arrangements are implemented in an efficient and practical manner during 2006 and 2007. They have also advised that all financial institutions will, at the appropriate time, supply the SSIA4 declaration to each of their SSIA holders for completion and return to them within the relevant timeframe and, consequently, account holders will not have to initiate contact with their savings manager in this regard.

Tax Code.

Róisín Shortall

Question:

94 Ms Shortall asked the Minister for Finance the reason for the 11 week delay in dealing with claims for tax relief on medical expenses; if an embargo is in operation on recruitment to this section of the Revenue Commissioners; if interest will accrue to claimants due to these delays; and if he will make a statement on the matter. [9918/05]

I have been informed by the Revenue Commissioners that there is no general 11 week delay in dealing with claims for tax relief for medical expenses, or any other form of tax relief.

At the start of each tax year, the Revenue Commissioners issue in excess of 2 million certificates of tax credits to customers. In addition, most requests for PAYE balancing statements and claims to repayment tend to be concentrated in the first quarter of the year. This generates a considerable increase in the level of customer contacts and demand for services can be exceptionally high from January to March. This can result in some delays in dealing with claims made during the period.

Claims for tax relief are processed in customer service areas in customers' tax districts. There is no embargo on staffing in these areas. However, as mentioned, the extra level of demand for services at this time of year places extra burdens on available resources.

Interest on repayments is payable from six months after a claim becomes a valid claim until the repayment is made. This includes cases where there has been an administrative delay on the part of Revenue in processing a valid claim.

Telecommunications Services.

Mary Wallace

Question:

95 Ms M. Wallace asked the Minister for Communications, Marine and Natural Resources the various locations in County Meath in which broadband infrastructure is in place and operational; the position regarding the provision of broadband to the rest of County Meath, including clarification on the estimated timescale regarding same; and if he will make a statement on the matter. [9783/05]

The provision of broadband facilities is, in the first instance, a matter for the private sector telecommunications companies operating in a fully liberalised market. A number of factors determine where and when broadband services are offered in any area, including the potential number of customers, the level of investment required and so on. My Department's website, www.broadband.gov.ie, lists all service providers that offer broadband service in County Meath and gives contact details on process for the various service levels on offer.

Eircom has digital subscriber lines, DSL, available from the telephone exchanges in Navan, Kells, Athboy, Duleek, Trim, Bettystown, Ratoath, Dunshaughlin, Dunboyne and Ashbourne. The company recently announced plans to extend coverage to Ballivor, Tara and Oldcastle by March 2006. My Department's regional broadband programme is building high-speed open access broadband networks, in co-operation with the local and regional authorities, in almost 120 cities and towns. These networks will be used by the private sector companies to offer true broadband services at competitive prices.

The MANs for Navan and Trim have been approved and they will proceed to detailed design and procurement in the coming months. Proposals have been received for a number of towns in the second phase of the MANs programme, including Athboy, Duleek, Dunboyne, Kells and Laytown-Bettystown, and also for the south Meath broadband corridor linking Ashbourne, Dunshaughlin, Dunboyne-Clonee and Ratoath. The MANs are being built in association with the local and regional authorities and will remain in State ownership, an important consideration for the future.

My Department also administers the county and group broadband scheme for smaller towns and rural communities, under which grant aid of up to 55% of set-up costs is available. The programme is driven by the broadband needs of the community and addresses those needs by funding the most appropriate broadband technology for each application. Approval has been granted for a group broadband scheme in Ballivor. We will also roll out broadband to all schools in the county by the end of 2005.

Billy Timmins

Question:

96 Mr. Timmins asked the Minister for Communications, Marine and Natural Resources the position regarding broadband in Baltinglass, County Wicklow; if it can be rolled out as a matter of urgency; and if he will make a statement on the matter. [9785/05]

The provision of broadband facilities is, in the first instance, a matter for the private sector telecommunications companies operating in a fully liberalised market. A number of factors determine where and when broadband services are offered in any area, including the potential number of customers, the level of investment required, and so on. Eircom recently announced plans to extend broadband coverage to Baltinglass by March 2006.

My Department's regional broadband programme is building high-speed open access broadband networks, in co-operation with the local and regional authorities, in more than 90 towns with a population of 1,500 and above. My Department administers the county and group broadband scheme for smaller towns and rural communities such as Baltinglass, under which grant aid of up to 55% of set-up costs is available. The programme is driven by the broadband needs of the community and addresses those needs by funding the most appropriate broadband technology for each application. The second call for proposals is open until 28 April and full details of the scheme are on my Department's website, www.gbs.gov.ie. We will also roll out broadband to all schools in the county by the end of 2005.

There are 45 different broadband offerings across a variety of technologies, including DSL, wireless, cable, fibre and satellite. Technologies are available to deliver broadband to any part of Ireland. My Department's website, www.broadband.gov.ie, lists eight service providers that offer satellite broadband in the Baltinglass area and gives contact details and prices for the services on offer.

Fisheries Protection.

Brian O'Shea

Question:

97 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the locations in County Waterford in which fishing rights have been bought out or otherwise do not rest with the State; the number of fishing licences issued in each case; and if he will make a statement on the matter. [9786/05]

I presume the Deputy's question relates to commercial salmon fishing licences, which, under the Fisheries Acts, are an operational matter for which the regional fisheries boards — in this case the Southern Regional Fisheries Board — are responsible. I am advised by the board that there are two main river catchments with commercial fisheries in County Waterford. These are the River Blackwater into Youghal harbour, which is in the Lismore fishery district, and the Rivers Barrow, Nore and Suir into Waterford harbour, which is in the Waterford fishery district.

According to the board, there is a several private fishery in the tidal waters of the River Blackwater on which 40 private drift net licences operate. Six draft net licences and one trap licence are privately owned in this several fishery. I am advised by the fisheries board, however, that the six draft net licences have been the subject of a set-aside scheme for the past five years — 2000 to 2004 — which was funded equally by the fisheries board and angling and tourism interests. This set-aside scheme is being reviewed by the board and negotiations are ongoing with all relevant stakeholders on the feasibility of renewing the scheme in 2005. In addition to this several fishery, the board advises that 41 public drift net licences operate in the Lismore fishery district, south of Youghal New Bridge on the N25 out to sea for six miles west to Ballycotton and east to Helvick Head. The fisheries board confirms that no fishing licences have been bought out in this district.

I am advised by the board that there are 132 snap net licences and three draft net licences in the Waterford fishery district issued to fishermen operating above a line from Cheekpoint across to the east side of the Barrow Bridge. The board also advises that 173 public drift net licences operate in Waterford harbour, south of the Cheekpoint line and out to sea for six miles east to Bannow Bay and west to Helvick Head. The board confirms there has been no set-aside or buy out of licences in the Waterford fishery district.

Electricity Generation.

John Cregan

Question:

98 Mr. Cregan asked the Minister for Communications, Marine and Natural Resources the plans for distribution of electricity; if decisions have been made in this regard; when a new system commenced or will commence; the discount or commission which private wholesalers will receive; if charges would be 10% less if wholesalers were dispensed with; if new regulations are being introduced due to EU regulations; if €120 million has been spent on a computer system just to prove that fair distribution is taking place; if the EU pays for this investment; and if he will make a statement on the matter. [9891/05]

I recently made regulations — European Communities (Internal Market in Electricity) Regulations 2005, SI 60 of 2005 — to give further legal effect to Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003, concerning common rules for the internal market in electricity and repealing Directive 96/92/EC.

The directive strengthens, inter alia, the unbundling provisions of distribution system operators by requiring the separation of the network business, natural monopoly, from competitive activities, namely generation and supply, so as to ensure non-discriminatory access to the network and avoid conflicts of interest. The review of the electricity sector, which I recently announced, includes an examination of options for the legal unbundling of the distribution system operator, DSO. Measures for unbundling the DSO are required to be introduced by 1 July 2007 and I am progressing this matter in line with this timeframe.

Liberalisation of the electricity market has proceeded on a phased basis since February 2000 under the regulatory oversight of the Commission for Energy Regulation, CER, the independent regulator for gas and electricity, in accordance with the Electricity Regulation Act 1999. On 19 February this year the market opened fully to competition. All customers are eligible to source their electricity from a licensed supplier and the entire market becomes contestable. Scope exists for all customers, household and non-household, to seek out keener prices in the competitive market.

While there are no private wholesalers, there are six active independent suppliers in the retail market, with 33% of total energy being supplied by these independents. Market opening — the removal of barriers and putting in place the enabling systems and processes — makes it easy and simple for customers to switch and for suppliers to enter the market.

The question of using computer hardware and software to enable the liberalised market to function effectively is a matter for the parties directly involved in consultation with the CER. I have no specific information in this regard.

With regard to new EU regulations, the European Commission will undertake a further in-depth review of progress in creating the internal electricity market this year. On the basis of this market analysis, the Commission will assess the need for additional measures to improve the functioning of the market.

Departmental Correspondence.

John Perry

Question:

99 Mr. Perry asked the Minister for Foreign Affairs if his officials will assist a person (details supplied) in County Leitrim to have a marriage certificate released; and if he will make a statement on the matter. [9835/05]

The Irish Embassy in Rome has been in direct contact with the person to whom the Deputy refers, has received the necessary details from him and is arranging with the Italian authorities for a copy of the certificate to be issued. The embassy will remain in direct contact with the person concerned until this issue has been resolved.

Diplomatic Representation.

Billy Timmins

Question:

100 Mr. Timmins asked the Minister for Foreign Affairs the position of the Irish consul office in Ecuador which is not operational; his plans to provide staff to operate this office and deal with interviews; and if he will make a statement on the matter. [9842/05]

Following the recent death of our honorary consul general in Quito, Mr. Richard Lacy, the issue of appointing a new honorary consul is under consideration. It is hoped to approve a nominee for the position shortly. However, before an appointment can be confirmed, the agreement of the Ecuadorian authorities must also be obtained. Pending finalisation of the appointment, Irish citizens in Ecuador may seek consular assistance from the embassy of another EU member state in Quito. They may also contact the Embassy of Ireland in Buenos Aires, which is monitoring the situation in Ecuador regarding consular assistance.

Honorary consuls are not full-time employees of the State but are private individuals who undertake, in addition to their normal work, to provide a range of consular services to Irish citizens abroad. As a condition of their appointment, honorary consuls undertake to put in place the necessary staff and office resources to provide these consular services.

Debt Relief.

Tony Gregory

Question:

101 Mr. Gregory asked the Minister for Foreign Affairs the manner in which the objective of debt cancellation for third world countries will be progressed by him at the IMF-World Bank spring meeting in April 2005; his views on the way in which debt cancellation will be funded; if the use of IMF gold will be put forward by him; and if he will make a statement on the matter. [9843/05]

John Perry

Question:

106 Mr. Perry asked the Minister for Foreign Affairs if his attention has been drawn to the fact that at a recent meeting in London the G7 finance ministers moved to support the 100% debt cancellation for the poorest countries of the world; if the Government will campaign for the sale of IMF gold to fund this cancellation; and if he will make a statement on the matter. [9938/05]

I propose to take Questions Nos. 101 and 106 together.

The Government's policy paper of July 2002 on developing country debt stated Ireland's support for 100% debt cancellation under certain circumstances and on the basis of additional resources from donors. It also concluded that, to mobilise the necessary funds for total debt cancellation, a greater number of donors, particularly the larger economies, would have to increase their official development assistance more rapidly. The Government has promoted its debt policy at the World Bank and the IMF and in discussions with other international aid donors and will continue to do so. Ireland's concerns on developing country debt were conveyed to the president of the World Bank during his visits to Ireland in 2003 and, most recently, in January 2005. The Taoiseach highlighted these concerns and called for debt cancellation when he addressed the bank in March 2003. He and other members of the Government availed of every opportunity to express these concerns while Ireland held the Presidency of the European Union in 2004.

While it is not the approach favoured in our debt policy, the idea of selling part of the International Monetary Fund gold reserves to fund debt cancellation is interesting and it has gained some support among the G7 countries. The managing director of the IMF, Rodrigo de Rato, has been asked to bring forward for the spring meetings of the IMF proposals on the funding of debt relief, among which is the sale or revaluation of the IMF gold reserves. All such proposals will be considered by the Minister for Finance in consultation with my Department.

Overseas Development Aid.

Michael D. Higgins

Question:

102 Mr. M. Higgins asked the Minister for Foreign Affairs the position on the EU’s development policy given that this policy creates a situation whereby allocation criteria only applies after an overall amount is decided for a given region; the difficulty that this policy in its present guise will not be effective in responding to the need to potentially re-examine the EU’s policy; and if he will make a statement on the matter. [9844/05]

Michael D. Higgins

Question:

103 Mr. M. Higgins asked the Minister for Foreign Affairs the progress being made and that has been made in updating EU development policy; his views on whether hunger and food security aspects should be included in the European Commission’s needs indicators for development aid, which they currently are not; and if he will make a statement on the matter. [9845/05]

Michael D. Higgins

Question:

104 Mr. M. Higgins asked the Minister for Foreign Affairs the reasons underpinning the European Commission’s development co-operation and economic co-operation instrument in the context of the EU 2007-2013 financial perspectives budgetary framework, in view of the fact that this mechanism does not involve developing countries in southern and eastern Europe and the Mediterranean; if he has suggestions for amelioration of the instrument to include such countries; and if he will make a statement on the matter. [9850/05]

I propose to take Questions Nos. 102 to 104, inclusive, together.

The allocation criteria for Community development aid is one of the policy issues to be resolved in the negotiation of the development co-operation and economic co-operation instrument in the context of the ongoing financial perspectives 2007-2013 debate.

On 26 January 2004, the General Affairs and External Relations Council held the fourth annual policy debate about the effectiveness of the European Union's external action. The Council adopted conclusions inviting the Commission, in the light of experience and best international practice, to present proposals on extending the use of standard, objective and transparent resource allocation criteria, based on need and performance, to all EC external assistance.

Subsequently, on 22 October 2004, former Commissioners Nielson and Patten wrote to EU Ministers for Foreign Affairs and development co-operation transmitting ideas for a common approach for future resource allocation, which should apply to all developing and transition countries to be covered by the future development co-operation and economic co-operation instrument. The commissioners indicated that they wished to leave it to the incoming Commission to develop appropriate allocation approaches for the countries to be covered by other relevant instruments. The Commission has yet to make a proposal regarding allocation criteria in the external relations chapter of the financial perspectives. Ireland regards this as a priority and will continue to call for the earliest possible submission of a proposal.

The General Affairs and External Relations Council considered the external relations chapter of the financial perspectives proposal at its meeting on 22 November last and concluded that delegations in general agreed with the proposed scope of the three geographic financing instruments for external relations. The Minister for Foreign Affairs on that occasion underlined the need to have the development components of funds under the European neighbourhood and partnership instrument ring-fenced for official development assistance, ODA, objectives and this remains Ireland's position.

In the continuing discussions of the development co-operation and economic co-operation instrument at Council working group level, Ireland and a number of other delegations have pressed for poverty reduction, sustainable economic and social development and the smooth and gradual integration of developing countries into the world economy to be given concrete expression in the instrument's articles. Ireland is also seeking to ensure it should incorporate best development practice, such as partner country ownership, alignment with partner country strategies and harmonisation of donor aid delivery approaches.

The Commission has proposed dealing with the countries in southern and eastern Europe and the Mediterranean in the pre-accession and European neighbourhood and partnership instruments. These, together with the development co-operation and economic co-operation instrument, constitute the three primary instruments for external relations' spending. The Commission proposal for the European neighbourhood and partnership instrument is based on the Union's commitment to strengthening co-operation with its neighbouring countries on the basis of partnership and joint ownership and the building on shared values of democracy and human rights.

The 2000 Council-Commission development policy statement is to be revised this year. The Commission will shortly submit a formal proposal to the Council setting out its views on what form this should take. Food security has traditionally played a very important role in the anti-poverty strategies of the Community. The Community subscribes to the undertakings entered into at the 1997 World Food Summit and its 2002 follow-up conference.

Television Broadcast Infrastructure.

Aengus Ó Snodaigh

Question:

105 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the decision by a broadcasting company (details supplied), after heavy pressure from Beijing, not to renew the contract of the uncensored satellite channel, New Tang Dynasty, for broadcast to Asia; if he will raise this matter with the Chinese authorities and at European level; and if he will make a statement on the matter. [9870/05]

I am aware of reports that Eutelsat, a satellite operator headquartered in Paris, has decided not to renew the broadcasting contract of New Tang Dynasty television, which broadcasts to Europe and China. The Government fully supports the right to freedom of expression and to an open media. Given, inter alia, that this is a decision taken by a private company, I do not feel that it would be appropriate for me to make any comment on the matter.

Question No. 106 answered with QuestionNo. 101.

Tourism Industry.

Jerry Cowley

Question:

107 Dr. Cowley asked the Minister for Arts, Sport and Tourism his views on whether the importance of tourism as a driver for economic survival is being adequately recognised by Government, as reflected in the struggle for survival being experienced by tourism providers, especially in the west and in areas of Mayo which are heavily dependent on tourism; the steps he will take to rectify the desperate situation which exists; his further views on whether there should be a dedicated Minister for tourism; and if he will make a statement on the matter. [9777/05]

The importance of tourism as an instrument of national and regional development has long been recognised by this Government and, in that context, achieving as wide as possible a distribution of visitor numbers across the different regions with an associated spread of tourism revenue has long been recognised as a major objective and challenge for tourism policy.

Various factors have conspired to exacerbate regional growth problems in recent years, most notably the increasing international trend towards shorter, more frequent breaks, which favour the more easily accessible urban destinations. This has driven, to a significant extent, the more robust growth in Dublin and the eastern region. At a time of overall national tourism growth, I remain concerned that the issue of regional spread should be proactively and energetically addressed and in that context I am pleased that the programmes and initiatives operated by the State tourism agencies and the action plan set out in the report of the tourism policy review group fully reflects this objective.

While many of the actions proposed by the tourism policy review group will have a positive impact on the regional distribution of tourism numbers and revenue, key actions that I would highlight include those relating to product development, tourism promotion, access transport and the appropriate infrastructure and arrangements for the delivery of tourism policy at regional level.

A major impediment to growth for certain regions, particularly the western seaboard and the north west, and from certain key source markets, particularly the US, has been the lack of good quality direct access. Recent developments — in particular the announcements by Ryanair on its plans to develop Shannon Airport as a European hub, American Airlines' announcement on new services from Boston and Chicago and Continental Airlines' plans for a new direct service to Belfast — provide a welcome boost to the regions as we move into 2005. These developments build on the significant expansion by Aer Lingus of its route network since 2001. Tourism Ireland and Fáilte Ireland, which have been active in their pursuit of access improvements, will help to promote these routes in order to optimise their inbound tourism potential.

In their plans for 2005, both Tourism Ireland and Fáilte Ireland will roll out a number of very innovative approaches which should heighten the regional impact of Ireland's marketing activities both nationally and overseas: All regions will feature prominently in the full range of marketing activities; a dedicated marketing fund for tactical co-operative initiatives with the regional tourism authorities and their members will be established for 2005; a region to region approach will be adopted in Britain which will capitalise on direct access links to the regions; specific campaigns promoting the western seaboard will be mounted in North America; a sponsor a region approach will be adopted in Europe whereby each market office will focus attention alternately on a particular Irish region in order to enhance the awareness of the local trade of what that region has to offer; an enhanced consumer website with increased functionality and a strong regional input will provide for more dynamic and up-to-the minute packages to entice the domestic traveller; and a strong focus on event based holidays will be complemented by a more streamlined and targeted festivals and cultural events fund which will continue to favour the lesser developed regions.

As the House will be aware, I have no direct responsibility in individual actions or measures relating to tourism promotion or development in so far as specific areas of the country are concerned. These are a day-to-day function of the tourism agencies.

Industrial Development.

Seamus Kirk

Question:

108 Mr. Kirk asked the Minister for Enterprise, Trade and Employment if he will consider the initiation of a feasibility study regarding the possibility of establishing cross-Border development centres in such areas as Crossmaglen, County Armagh and Sheelagh, County Louth with a view to establishing business parks containing sites for service companies, warehousing and so on; and if he will make a statement on the matter. [9808/05]

In the context of the State agencies involved in enterprise development, the issue of business parks and possible feasibility studies for such parks in this State is a matter for IDA Ireland in the first instance and not one in which I, as Minister for Enterprise, Trade and Employment, have a direct role.

Trademark Legislation.

Richard Bruton

Question:

109 Mr. Bruton asked the Minister for Enterprise, Trade and Employment if trademark legislation can give protection to a UK subsidiary of a multinational company to insist that Irish retailers source products through the UK instead of sourcing the same product from the United States at a lower cost; and if he will make a statement on the matter. [9865/05]

The essential purpose of trademark legislation is to protect trade mark proprietors through giving them exclusive rights to the use of trade marks on their products. Trademark legislation is not designed to specifically address distribution issues of the kind reflected in the Deputy's question.

Article 7 of Directive 89/104/EC — the trademark harmonisation directive — applicable to all member states sets out the principle of Community exhaustion of rights. Under that principle, a proprietor of a trademark is prevented from relying on the exclusive rights conferred by the mark, where goods bearing that mark have been placed on the market within the European Economic Area with the proprietor's consent. A considerable body of European case law relating to parallel importing using a registered trade mark and the exhaustion of rights concept exists, which may be relevant in the context of the Deputy's question. The concept of international exhaustion of rights, that is where products are placed on the market outside of the EEA, does not exist.

In the context of the foregoing, the aggrieved party or parties in the case referred to by the Deputy may wish to obtain professional legal advice and opinion of such case law as it might apply in their particular circumstances. If they feel there are any issues of an anti-competitive nature, they should contact the Competition Authority in the matter. The authority is an independent body charged with enforcing the Competition Act 2002, which prohibits anti-competitive practices and the abuse of a dominant position in the market.

Social Welfare Payments.

Brian O'Shea

Question:

110 Mr. O’Shea asked the Minister for Social and Family Affairs if it is the preferred policy of his Department to make all social welfare payments payable through banks; his views on whether this puts further charges on social welfare recipients; and if he will make a statement on the matter. [9763/05]

Brian O'Shea

Question:

111 Mr. O’Shea asked the Minister for Social and Family Affairs the reason 80% of all social welfare payments were made through post offices three years ago and only 55% are so made now. [9764/05]

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

My Department's payment delivery policy is to ensure that the most modern range of payment options is available to our customers. This approach is adopted to ensure that customer service is continually improved by providing access to a wide range of payment options and new services and facilities in the money transmission market.

The current range of payment options offered by my Department includes payment at post offices by means of a pension order book, electronic or manual post draft, issued to the customers designated post office each week, payment by cheque to the home address of customers, and direct payment to customers' bank or building society accounts by electronic fund transfer. Where possible, my Department provides customers with the payment option which best suits them.

The growth in the last number of years of customers opting for EFT payments reflects the changing profile of my Department's customer base, the increasing use of electronic banking services in society generally, and the extension of an EFT payment facility to more of my Department's schemes. Recent industrial action affecting postal delivery services has had some impact on the number of people opting for EFT as an alternative to cheque payments.

Some 59% of customers currently receive payment through their local post office, 10% are paid by cheque through the postal system, and 31% receive direct electronic payment through their bank or building society account. It should be noted that An Post does not provide an EFT facility for social welfare customers except in relation to the Post Office Savings Bank which requires a seven day advance notice of withdrawal.

The issue of bank charges payable by my Department's customers is a matter for each customer having regard to their personal banking arrangements. It is understood, however, that some financial institutions offer special facilities to elderly persons involving free banking or reduced banking charges.

Grant Payments.

Paul McGrath

Question:

112 Mr. P. McGrath asked the Minister for Social and Family Affairs the number of farmers who have been in receipt of a farm assist payment for each of the past five years in County Westmeath. [9765/05]

Paul McGrath

Question:

113 Mr. P. McGrath asked the Minister for Social and Family Affairs the number of farmers who have been in receipt of a farm assist payment for each of the past five years in County Longford. [9766/05]

I propose to take Questions Nos. 112 and 113 together.

The number of recipients of farm assist in County Longford was 120 in 2000, 112 in 2001, 113 in 2002, 113 in 2003 and 108 in 2004. The number of recipients of farm assist in County Westmeath was 85 in 2000, 89 in 2001, 96 in 2002, 89 in 2003 and 87 in 2004.

Social Welfare Benefits.

Paul Kehoe

Question:

114 Mr. Kehoe asked the Minister for Social and Family Affairs his views on the current age regulations to obtain a companion travel pass; if he intends to lower the age limit; and if he will make a statement on the matter. [9864/05]

The free travel companion pass scheme was introduced in 1990 for persons who qualify for free travel and who, because of their disability, are unable to travel alone. Those who are eligible for a companion free travel pass include recipients of disability allowance or invalidity pension who are medically assessed as being unfit to travel unaccompanied; people who are blind or severely visually impaired; people who are confined to wheelchairs; people who are aged 75 years and over and are medically certified as unfit to travel alone; and people who are receiving full-time care and attention from someone who is in receipt of carer's allowance. The companion pass enables a person aged 16 or over to accompany the pass holder free of charge. The companion pass scheme ensures that a person's entitlement to free travel is not diminished because a companion cannot afford to accompany them. Any further extension to the free travel scheme could only be considered in a budgetary context.

Bernard J. Durkan

Question:

115 Mr. Durkan asked the Minister for Social and Family Affairs the reason unemployment assistance, supplementary welfare and rent allowance has not been paid in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [9906/05]

The Dublin and mid-Leinster area of the Health Service Executive has advised that the person in question had been accommodated in a direct provision centre provided by the Reception and Integration Agency after she applied for asylum in the State. When she was in the centre she was entitled to a direct provision allowance of €19.10 for herself and €9.60 for her child. The person voluntarily left direct provision accommodation in October 2004. The HSE has advised that she recently contacted a community welfare officer about the payment of supplementary allowance. After the review of her case, it has been decided to award her, from a current rate, a reduced rate of basic supplementary welfare allowance equal to her rate of direct provision allowance. The reduced rate is being paid on the basis that she voluntarily vacated the accommodation provided for her under the direct provision scheme.

As of 27 May 2003, people who are awaiting decision on applications for refugee status, or are not lawfully in the State, are ineligible for rent supplement or other social welfare assistance towards their accommodation costs. As the person concerned falls into that category she is not entitled to receive rent supplement. However, she and her child continue to have the option of availing of the accommodation provided through the direct provision facilities operated by the Reception and Integration Agency. The Department has no record of an application for unemployment assistance from the person concerned.

Bernard J. Durkan

Question:

116 Mr. Durkan asked the Minister for Social and Family Affairs the reason rent support has been reduced in the case of a person (details supplied) in County Kildare, in view of the fact that they have complied with all necessary regulations; and if he will make a statement on the matter. [9907/05]

The Dublin and mid-Leinster area of the Health Service Executive has advised that it has carried out a routine review of the amount of rent supplement payable to the person concerned. The review was one of a number carried out in line with HSE procedures. The review uncovered a change in family circumstances which necessitated a reduction in the amount of rent supplement payable.

If a person is dissatisfied with a decision of the HSE, he or she may appeal against the decision to the executive's area appeals officer and, if necessary, then to the chief appeals officer of the social welfare appeals office. Decisions and appeals on individual claims are dealt with by designated officers in the HSE or the social welfare appeals office, where appropriate. I have no function in that regard. I understand the HSE contacted the person recently and informed her of the position.

Bernard J. Durkan

Question:

117 Mr. Durkan asked the Minister for Social and Family Affairs the reason child benefit has not been awarded in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [9908/05]

Since 1 May 2004, all applicants for social welfare assistance and child benefit are subject to the habitual residence condition. The person in question made a claim for child benefit on 8 June 2004 and was deemed not to satisfy the habitual residence condition. When she appealed the decision, the appeals officer, having reviewed the evidence, upheld the decision.

Question No. 118 answered with QuestionNo. 55.

Railway Stations.

Seamus Kirk

Question:

119 Mr. Kirk asked the Minister for Transport if progress has been made on the possible reopening of Dunleer railway station; and if he will make a statement on the matter. [9803/05]

I refer the Deputy to my response on 15 February last. The position is unchanged. The location of stations on the rail network is a matter for Iarnród Éireann. The company informs me that it has examined the case for re-opening Dunleer station on a number of occasions. A review of the Dublin suburban rail strategy, conducted on behalf of Iarnród Éireann, concluded that the station would experience very modest daily boardings due to the size of the local population. The case for re-opening Dunleer will be re-examined if major development takes place close to the line and funding can be provided by developers for the construction of a station.

Rail Services.

Eamon Ryan

Question:

120 Mr. Eamon Ryan asked the Minister for Transport the number of passengers who were carried on the red and green Luas lines in February 2005; and the number which were carried on all DART suburban rail services for the same period. [9863/05]

I understand from the Railway Procurement Agency that approximately 642,000 passengers were carried on the red line and 753,000 on the green line in February 2005. The total number of passengers carried on the DART in the same period was some 1.9 million. However, it should be noted that DART upgrade works are being undertaken with consequent shutdowns at weekends. DART passenger numbers would be higher in a normal month or period.

Public Transport.

Róisín Shortall

Question:

121 Ms Shortall asked the Minister for Transport if his attention has been drawn to the concerns of young persons expressed in Dáil na nÓg regarding the absence of child fares on buses for 16 and 17 year olds; and the steps he will take to address this anomaly. [9892/05]

The provision of discounted fares for children and students is a day-to-day matter for the bus operators concerned. Dublin Bus has informed me that it offers a facility to second level students in the 16 to 18 age category to avail of a special ticket which provides two journeys at a discount rate.

National Car Test.

Róisín Shortall

Question:

122 Ms Shortall asked the Minister for Transport if it is a requirement of the national car test to display Baile Átha Cliath on the number plates of Dublin registered cars; if drivers may be failed for not complying; and the reason for this rule. [9920/05]

The format, dimensions and technical specifications of registration plates for display on motor vehicles are set down in the Vehicle Registration and Taxation Regulations 1992 which were made by the Revenue Commissioners. These regulations provide, inter alia, that a registration plate shall exhibit the index mark, for example, D, and placename of the relevant licensing authority, for example, Baile Átha Cliath. The regulations specify the placename to be used for each of the 29 licensing authorities, which is the Irish version of the county concerned. A registration plate that does not meet the specifications constitutes a reason for refusal of an NCT certificate. This position has been strongly endorsed by the Garda authorities.

Road Safety.

Bernard J. Durkan

Question:

123 Mr. Durkan asked the Minister for Transport if road conditions, surfaces and design throughout the country are conducive to road safety; and if he will make a statement on the matter. [9921/05]

Bernard J. Durkan

Question:

129 Mr. Durkan asked the Minister for Transport if, in view of the high rate of road traffic accidents, he intends to take action to address the issue of unsafe roads, with particular reference to verge erosion, potholes and other surface deficiencies; and if he will make a statement on the matter. [9928/05]

I propose to answer Questions Nos. 123 and 129 together.

An NRA analysis of factors contributing to fatal and injury accidents in 2002 indicates that the behaviour of drivers — 86% — and pedestrians — 9.7% — is the key contributory factor. Road factors were identified as contributing to only 2.5% of fatal and serious injury in accidents. I understand from the NRA that since 1994 it has operated in conjunction with local authorities a programme under which accident locations on the national road network are investigated. If the condition of a road is believed to have been a factor, appropriate engineering measures are put in place to improve the situation. An average of 80 such locations are treated each year.

Each year the NRA spend significant sums on road safety measures. In 2005, €40.5 million has been allocated to the NRA road safety programme. The money will be spent on a range of road safety measures including accident remedial schemes, traffic calming and safety barriers in central reservations. The NRA has an ongoing pavement restoration programme and a maintenance programme designed to deal with pavement surface and other deficiencies. The major upgrade of the national road network currently under way is also delivering a major road safety dividend. New roads, constructed to best practice standards — including the highest quality road surfacing — help to reduce road accidents and fatalities. Motorways and dual carriageways are safer because the possibility of head-on collisions is almost eliminated.

Substantial levels of funding are also being made available by my colleague, the Minister for the Environment, Heritage and Local Government, to develop and improve non-national roads.

Question No. 124 answered with QuestionNo. 32.
Question No. 125 answered with QuestionNo. 10.

Bernard J. Durkan

Question:

126 Mr. Durkan asked the Minister for Transport the number of traffic accidents to date in 2005; the extent to which this is a reduction or otherwise on previous years; if the cause or causes generally have been identified; and if he will make a statement on the matter. [9925/05]

Statistics relating to road accidents are published by the National Roads Authority in its annual road accident facts reports on the basis of information provided by the Garda. The most recent report, Road Collision Facts, relates to 2003 and is available on the NRA website. Reports relating to previous years are available in the Oireachtas Library. Provisional figures for 2005 — to 21 March — indicate that 89 people have lost their lives in road traffic collisions. This is four more than for the same period last year.

The NRA road collision facts report includes details of contributory factors to road collisions where such information is available. However, statistics relating to collisions in 2005 will not be fully analysed and authenticated until 2006. They will be available when the road collision facts report for that year is published by the National Roads Authority.

Parking Regulations.

Bernard J. Durkan

Question:

127 Mr. Durkan asked the Minister for Transport if he has given instructions to the local authorities, Iarnród Éireann, Bus Éireann or Bus Átha Cliath requiring the provision of off-street car parking to facilitate motorists who wish to use public transport; and if he will make a statement on the matter. [9926/05]

Bernard J. Durkan

Question:

130 Mr. Durkan asked the Minister for Transport the precise policy direction he has given to Iarnród Éireann requiring the provision of parking facilities for motorists wishing to use commuter trains as an alternative means of transport; and if he will make a statement on the matter. [9930/05]

I propose to take Questions Nos. 127 and 130 together.

I have not given any instruction to the local authorities, Iarnród Éireann, Bus Éireann or Bus Átha Cliath, requiring the provision of off-street car parking to facilitate motorists who wish to use public transport. However, I am looking at a number of initiatives to try to encourage public transport use, including the provision of park and ride facilities.

The Dublin Transportation Office working group on rail-based park and ride has developed a strategy for the provision of park and ride facilities at a number of locations on the existing and proposed rail network within the greater Dublin area, and has also proposed an evaluation methodology to assess the suitability of any future proposals. I am considering the final report of that group detailing the locations and factors to be considered when progressing the implementation of such facilities.

Traffic Management.

Bernard J. Durkan

Question:

128 Mr. Durkan asked the Minister for Transport the way in which it is proposed to direct traffic from motorways and national roads (details supplied) to the Dublin Port tunnel, in view of the existing traffic congestion on the M50; and if he will make a statement on the matter. [9927/05]

Management of traffic accessing Dublin Port is a matter for Dublin City Council. In parallel with the opening to traffic of the Dublin Port tunnel, Dublin City Council will introduce a heavy goods vehicle traffic management strategy to ensure that maximum traffic benefits are secured from the Dublin Port tunnel.

This strategy has three objectives, first, to ensure the optimal use by HGVs of the Dublin Port tunnel, second, to minimize adverse effects of remaining HGV movements in the city and, third, to manage the movement of vehicles not within permitted dimensions. The HGV strategy, coupled with the upgrade of the M50, which will expand the capacity of the M50 to deal with 50% more traffic than at present, reduce traffic congestion on the radial routes, N3, N4, N7, and improve traffic flow on the entire Dublin road network, will ensure the Dublin Port Tunnel fulfils its primary objective of providing a high quality access route connecting Dublin Port to the national motorway network.

Question No. 129 answered with QuestionNo. 123.
Question No. 130 answered with QuestionNo. 127.

Rail Network.

Bernard J. Durkan

Question:

131 Mr. Durkan asked the Minister for Transport if an assessment has been done to ascertain the way in which best to increase the volume of commuters at Monasterevin, Kildare, Newbridge, Sallins and Hazelhatch rail stations; if these issues are likely to be addressed in the near future; and if he will make a statement on the matter. [9931/05]

Bernard J. Durkan

Question:

132 Mr. Durkan asked the Minister for Transport if an assessment has been done to ascertain the extent to which daily commuter capacity at Kilcock, Maynooth, Leixlip and Confey railway stations can be increased, with particular reference to the need to encourage the use of public transport; when steps are likely to be taken in this regard; and if he will make a statement on the matter. [9932/05]

I propose to take Questions Nos. 131 and 132 together.

I refer the Deputy to a similar question put to me in this House yesterday to which I replied as follows: The scheduling and timetabling of trains is a day-to-day operational matter for Iarnród Éireann to consider. On the basis of projected demand into the future, 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 currently being examined by my Department 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. This will improve the capacity on individual trains by up to 33%. This capacity increase comes on top of a capacity increase of almost 160% delivered on that line in the last 18 months. In regard to the Maynooth-Connolly line, I understand that, in the short-term, Iarnród Éireann plans to place 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 of this will be to increase all commuter trains on the line to eight-car length, giving an immediate capacity increase on some services of 33%.

Rural Development.

Paul McGrath

Question:

133 Mr. P. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the level of funding for County Westmeath under the national rural development programme for each of the past five years. [9767/05]

My Department administers both the Leader+ programme and the national rural development programme to local action groups around the country. Westmeath Community Development Limited covers most of County Westmeath other than an area covered by Mid South Roscommon Rural Development Company. Below are the figures, broken down annually, that were paid to the two local action groups to fund their activities in County Westmeath.

National rural development programme

2000

2001

2002

2003

2004

Total

Nil

€76,978.30

€79,312.37

€116,813.02

€207,733.42

€480,837.11

Leader+ programme

2000

2001

2002

2003

2004

Total

Nil

€302,228.39

€166,312.58

€433,312.32

€445,421.82

€1,347,275.11

Paul McGrath

Question:

134 Mr. P. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the level of funding for County Longford under the national rural development programme for each of the past five years. [9768/05]

My Department administers both the Leader+ programme and the national rural development programme to local action groups around the country. The following are the figures, broken down annually, that were paid to the local action group in Longford, Longford Community Resources Limited.

National rural development programme

2000

2001

2002

2003

2004

Total

Nil

€76,184.28

€63,784.76

€102,260.34

€109,287.63

€351.517.21

Leader+ programme

2000

2001

2002

2003

2004

Total

Nil

€241,250.23

€159,100.17

€474,730.95

€455,788.95

€1,330,870.30

Irish Language.

Brian O'Shea

Question:

135 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Question No. 307 of 8 March 2005, if he will publish the various submissions received in his Department from Fóram na Gaeilge as soon as they are received. [9769/05]

Two meetings of Fóram na Gaeilge have taken place and a third is now scheduled to take place next month. As the Deputy is aware, I have already asked members to submit their views as regards the development of an Irish language plan and related short-term priority issues. There has been a good response to this from the members and officials of my Department are currently examining the various submissions.

It would not be appropriate to publish those submissions as they form part of the ongoing deliberations of Fóram na Gaeilge.

Dormant Accounts Fund.

Seymour Crawford

Question:

136 Mr. Crawford asked the Minister for Community, Rural and Gaeltacht Affairs the amount which has been granted from the Dormant Accounts Fund Disbursements Board, on a county basis; if he has satisfied himself that those who are really most in need are benefiting from this fund; and if he will make a statement on the matter. [9814/05]

Decisions on the disbursement of funds from dormant accounts moneys are currently a matter for the Dormant Accounts Fund Disbursements Board, an independent body established under the Dormant Accounts Acts. The Deputy will be aware that allocations made by the board from the fund must be in accordance with its disbursement plan which was approved by me in September 2003. Under the plan, the bulk of dormant accounts funding is initially being targeted at those areas designated as most disadvantaged, that is, RAPID, CLÁR and drugs task force areas.

The board engaged Area Development Management Limited, ADM, to administer this initial round of funding on its behalf and the process of assessing and approving applications received is currently ongoing. To date the board has approved 454 projects for funding totalling approximately €46 million. The details of all the approvals to date, on a county basis, are appended for information. Based on information received from the board, I am satisfied that the board, in making its allocations to date, is adhering to the provisions set out in its disbursement plan.

County

No. of Approved Projects

Value of Approved Projects

Carlow

6

313,149.00

Cavan

2

428,210.00

Clare

9

793,871.79

Cork

55

4,266,564.75

Donegal

10

894,210.00

Dublin1

177

18,311,082.00

Galway

23

2,259,883.00

Kerry

22

2,601,860.05

Kildare

10

1,423,595.00

Kilkenny

4

319,407.00

Laois

4

199,721.60

Leitrim

7

560,749.00

Limerick

16

1,943,616.00

Longford

6

416,002.00

Louth

8

590,764.00

Mayo

12

1,205,028.00

Meath

1

112,000.00

Monaghan

1

178,313.00

Offaly

1

60,000.00

Roscommon

11

923,337.00

Sligo

13

1,204,859.00

Tipperary

17

1,302,150.31

Waterford

14

2,296,602.00

Westmeath

8

581,762.61

Wexford

9

1,319,282.00

Wicklow

8

1,286,788.00

State

454

45,792,807.11

1Within this figure, there are a number of applications, which although based in Dublin target the whole country.

Milk Quota.

Seamus Kirk

Question:

137 Mr. Kirk asked the Minister for Agriculture and Food if her attention has been drawn to the serious market place distortion which has taken place due to the considerable volumes of fresh milk imported into the country on a daily basis; and if she will make a statement on the matter. [9805/05]

While I am aware that significant quantities of fresh milk are being imported into the State, provided such milk meets the standards of EU Directive 92/46, it can be traded freely within the European Union.

My role, as Minister for Agriculture and Food, is to ensure that an EU policy framework is in place, and EU market management measures are implemented in a manner which allows the dairy sector to continue to develop and to support farmers incomes. In this context, I am very pleased to report that milk producer prices in Ireland during the past 12 months are similar to those of the previous year, notwithstanding the introduction of the dairy premium as part compensation for the expected fall in producer prices.

Potato Production.

Seamus Kirk

Question:

138 Mr. Kirk asked the Minister for Agriculture and Food if she will consider requesting Teagasc to establish a facility for land leasing or land exchange to help with the upscale and consolidation of the dairy industry; and if she will make a statement on the matter. [9806/05]

I have no plans to request Teagasc to establish a facility for land leasing or a land exchange to help with the upscale and consolidation of the dairy industry.

Under the Agriculture (Research, Training and Advice) Act 1988, the function of Teagasc is to provide research, training and advisory services for the agri-food sector. Moreover, the milk quota regulations restrict the establishment of new leases to very limited situations and I have no plans to alter those provisions.

However, I am considering other means of assisting with the consolidation of production and I believe the milk quota restructuring programme 2005-06, which I announced before Christmas, taken together with the decoupling of the dairy premium this year, will help bring about significant improvements in the structure of milk production.

Seamus Kirk

Question:

139 Mr. Kirk asked the Minister for Agriculture and Food if she will consider the feasibility of establishing a voluntary potato acreage growing control system; and if she will make a statement on the matter. [9807/05]

The alignment of supply with demand is essentially a market issue. I am aware that there is an over supply situation in the potato sector and this, combined with falling consumption due to changing eating habits, is giving rise to continuing downward pressure on prices.

The establishment of any voluntary scheme to control production is a matter for growers. In this context I would urge growers to listen to the message from the market place and to make their production decisions accordingly. It is essential that there is strong cohesion and co-operation among all those involved in production in order to ensure that the sector can grow and prosper.

For my part I am continuing to support the sector through the grant aid scheme for marketing and processing under the national development plan. Under this scheme a total of 17 projects were awarded grant aid amounting in total to €6.3 million in the last few months. In addition a €100,000 potato promotion programme has been submitted for approval to the European Commission and this will play an important role in encouraging increased consumption.

Grant Payments.

Gerard Murphy

Question:

140 Mr. Murphy asked the Minister for Agriculture and Food if entitlements of a person (details supplied) can be transferred to another person; and if she will make a statement on the matter. [9816/05]

The person named has applied for consideration in respect of the inheritance and new entrant measures of the single payment scheme. Following an examination of the documentation submitted I am pleased to advise that her application in respect of the inheritance measure has been successful. A statement of provisional entitlements outlining this position will issue to the person named shortly.

The application in respect of the new entrant measure was unsuccessful as the person named did not receive payments under the direct payment schemes in her own right during the reference period, 2000 to 2002.

Departmental Schemes.

Denis Naughten

Question:

141 Mr. Naughten asked the Minister for Agriculture and Food if she will review the eligibility criteria for the CFP grant scheme; if she will facilitate a reduction in the minimum number of livestock units required to entitle a farmer to apply for grant aid; and if she will make a statement on the matter. [9819/05]

At present, a minimum of 20 income units from farming is required in the case of applicants for grants under the on-farm investment schemes. This includes the farm waste management scheme which has now replaced the control of farm pollution scheme. The European Commission has repeatedly opposed any relaxation of this minimum income requirement despite several approaches by my Department on the matter. Consultations are currently ongoing with the European Commission in regard to the action programme for implementation of the nitrates directive in Ireland. The question of possible changes to the conditions of the farm waste management scheme will be considered in the light of the outcome of these consultations.

Road Traffic Offences.

Bernard J. Durkan

Question:

142 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the amount of money accruing from the penalty points system; the use to which such funds have been put; and if he will make a statement on the matter. [9922/05]

With regard to the amount of money accruing from fixed charges and court fines in connection with which penalty points were imposed, this information is not readily available and could only be obtained by the expenditure of a disproportionate amount of staff time and resources.

I can inform the Deputy that all moneys received are surrendered to the Exchequer as extra Exchequer receipts and are accounted for in the appropriate accounts.

Residency Permits.

John Cregan

Question:

143 Mr. Cregan asked the Minister for Justice, Equality and Law Reform the way in which a person of Australian origin, who has stamp 1 status on an immigration bureau card, a valid work permit up to January 2006 and who has been resident in Dublin since 2001 can change their residency status in order to be in a position to purchase a house; the meaning of stamp status; and the criteria required to be fulfilled to allow a person of Australian origin to apply for permanent residency status. [9778/05]

The information supplied is insufficient to determine what residency status the person in question requires to be in a position to purchase a house. However, it is open to non-EEA nationals who have been legally resident in the State for five years, on the basis of work permit conditions, to apply to the immigration division of my Department for a five year residency extension. In that context they may also apply to be exempt from work permit requirements. A non-national who has resided legally in the State for eight years may apply for long-term residency in the State without condition as to time. Periods of residence in the State for the purpose of study or for the examination of an asylum claim will not count for this purpose.

It is also open to the person in question to make an application for a certificate of naturalisation if he or she has a period of one year's continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years.

Permission to remain in the State is given on my behalf in the form of a stamp, endorsement, placed in the non-EEA national's passport. This is a statement of the conditions on which the non-EEA national is permitted to remain in the State and the duration of that permission.

Garda Operations.

Gay Mitchell

Question:

144 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if the case of a person (details supplied) in Dublin 10 will be examined; and if he will make a statement on the matter. [9780/05]

The matter is an operational matter for the Garda Síochána in which I have no direct role. However, I am informed by the Garda authorities that on inspection of the vehicle in question it was noted that no insurance disc was displayed and an expired vehicle licence was displayed. A male nearby initially denied any knowledge of the vehicle. This same person subsequently claimed ownership of the vehicle when a tow wagon arrived to tow the vehicle to Clondalkin Garda station. At no time at the scene did the named female present herself or documents to gardaí. The vehicle was subsequently collected by a garage employee in the company of the named female at Santry Garda station. The vehicle was driven under the trade plate of the garage concerned. The named female subject also failed to keep an appointment for 16 March 2005 with the local superintendent at Clondalkin Garda station, in order to discuss the matter.

Prisoner Releases.

Joe Costello

Question:

145 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of times each of the four men convicted of the murder of Detective Garda Jerry McCabe has been granted temporary release from Castlerea prison in each of the past five years; the reason for the temporary release in each case; and if he will make a statement on the matter. [9781/05]

There are four persons serving sentences for the killing of Detective Garda Jerry McCabe. Pearse McAuley has received six periods of temporary release for compassionate reasons since his conviction in February 1999. During the same period, Michael O'Neill has received seven separate periods of temporary release, Jeremiah Sheehy has received six periods of such release and Kevin Walsh has received four separate periods of release.

I am not prepared to provide the exact reasons for each release as to do so would be releasing personal medical information on non-prisoners into the public domain. However, I can confirm that each of these releases was granted for valid compassionate reasons consistent with those applied to other Provisional IRA prisoners since the Good Friday Agreement.

Garda Operations.

Jim O'Keeffe

Question:

146 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of stationary speed detection checkpoints which were mounted in the greater Dublin area between the hours of 6 p.m. and 6 a.m. in February 2005; and if he will make a statement on the matter. [9782/05]

In February 2005 there were 815 stationary speed detection checkpoints mounted in the Dublin metropolitan region between the hours of 6 p.m. and 6 a.m.

Probation and Welfare Service.

Tony Gregory

Question:

147 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the role of an organisation (details supplied); the number of prisoners it caters for; the success rate in rehabilitation to date; and if he will make a statement on the matter. [9829/05]

The premises in question is a six bed transitional accommodation project for women leaving prison. The project is designed to work primarily with women who would otherwise be homeless at the end of their sentence or while on temporary release. Accommodation is also provided, in limited circumstances, for women offenders in the community, under the supervision of the probation and welfare service.

The project is a limited company owned by the Society of St. Vincent de Paul and managed by the De Paul Trust. The De Paul Trust is an established and experienced organisation providing and managing accommodation services for the homeless among other services in Ireland and in the UK. The project is funded by my Department, through the probation and welfare service and has been operational since February 2003.

Since opening, it has provided accommodation and additional services for 30 women who would otherwise have been homeless. The staff of the project have engaged with nearly 70 women in the Dóchas centre, Mountjoy female prison. All residents sign a licence agreement at the start of their time at the project and have a key worker assigned for individualised support and advice. They participate in a group work programme which addresses personal development, skills training and self management. The aim is to assist residents to develop skills for independent living so that they can settle in the community. Staff at the project liaise with Trinity Court drug treatment centre and relevant psychiatric and medical services where appropriate.

During 2004, the first full year in operation, four residents were assisted in resettlement in supported accommodation. One resident achieved a permanent job in a local community project. Two residents were awarded education trust grants for short training courses and eight residents have taken up full time programmes with an educational or pre-employment focus. Almost all women leaving were supported in their move on from the programme.

Registration of Title.

Michael Ring

Question:

148 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason a reply was not sent to a person (details supplied) in County Mayo; when the Land Registry will forward this person the land certificate. [9846/05]

I am informed by the Registrar of Titles that correspondence was received from the person named by the Deputy on 4 February 2005 seeking the amendment of an entry on a folio and the reissue of the relevant land certificate and copy folio-file plan. Dealing number D2005SM001918B was set up for the purpose of effecting the desired amendment and I am informed that this application was completed on 22 March 2005. The land certificate and copy folio-file plan will issue shortly.

Willie Penrose

Question:

149 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to expedite an application for first registration by persons (details supplied) in County Westmeath; and if he will make a statement on the matter. [9847/05]

I am informed by the Registrar of Titles that this is an application under section 49, acquisition of title by virtue of long possession, of the Registration of Title Act 1964, which was lodged on 1 October 2004. Dealing number D2004XS014480C refers. I understand that due to their complicated nature, applications under section 49, which require detailed examination of claims for registration as owners, can take some time to process. Accordingly, it is not possible to estimate a completion date at this stage. However, the application is receiving attention in the Land Registry and will be completed as soon as possible.

Social Welfare Appeals.

Aengus Ó Snodaigh

Question:

150 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the circumstances under which a person will be granted humanitarian leave to remain in the State on the basis that the person is not free to accept offers of employment as indicated in the reply to Parliamentary Question No. 140 of 3 March 2005. [9873/05]

I refer the Deputy to Parliamentary Question No. 140 of 3 March 2005 to my colleague, the Minister for Social and Family Affairs. I am to state that the person in question was granted leave to remain in the State on 4 March 2005 and is entitled to seek employment.

Citizenship Applications.

Aengus Ó Snodaigh

Question:

151 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will introduce a system whereby applicants for naturalisation will be given temporary status to live and work in the State without requiring additional permission while they wait the two years for his Department to decide on their application. [9874/05]

I have no proposals to introduce a system on the lines proposed by the Deputy. The grant of a certificate of naturalisation is generally predicated on five years lawful residence in the State — excluding periods granted for the purpose of seeking asylum or for the purpose of study. Persons who have been legally resident in the State for over five years on the basis of employment permit conditions may apply to the immigration division of my Department at 13/14 Burgh Quay, Dublin 2, for a residency extension and in that context may also apply to be exempted from employment permit requirements. This applies regardless of whether the person in question has applied for a certificate of naturalisation.

Departmental Offices.

Aengus Ó Snodaigh

Question:

152 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the improvements he plans to make to the customer service department at the immigration section. [9875/05]

The major reduction in the number of asylum applicants is now giving me an opportunity to refocus resources on areas of service provision for non-nationals which are under resourced at present.

Given the large number of staff involved and having regard to the reduction in the number of asylum applications being received in the State, I have engaged the services of PA Consulting Group in order, inter alia, to ensure that the staffing resources currently available within the asylum, immigration and citizenship areas of my Department are optimised and targeted in the most effective manner possible at core functional activities — one of which, in the immigration and citizenship areas, is an improvement in customer service. Some redeployment of staff from the asylum to the immigration and citizenship areas has already taken place.

Given the scale of rapid and unprecedented growth in the immigration area, it is not simply a matter of staffing. Information technology will play an important part in the implementation of a long-term sustainable solution. In this regard, preparatory work is being undertaken on a request for tender document which will lead in due course to a major enhancement of the information technology capacity of the immigration and citizenship areas of my Department.

In addition, the recently announced new Irish naturalisation and immigration service, INIS, by providing a one-stop-shop approach will improve customer services for legally resident migrants. It will do so specifically by providing: a single contact point or one-stop-shop for applications for entry to the State, combining the current work permit and visa application processes; a clearer system involving more streamlined processes; and improved sharing of information in linked systems should simplify decision making; improved service times as applications do not have to be submitted to a number of organisations; improved control and enforcement mechanisms.

The benefits of the new service should become clear from an early date. Within a year there should be a significantly improved service with a much clearer customer focus, revised organisational procedures and IT systems in place to deliver improved customer service and to strengthen enforcement mechanisms.

Citizenship Applications.

Aengus Ó Snodaigh

Question:

153 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform when he anticipates that processing times for naturalisation applications will be shortened, as he has indicated numerous times in his replies to parliamentary questions; the length of processing time he is aiming for; and if he will make a statement on the matter. [9876/05]

I refer the Deputy to my answers to Questions Nos. 166 of 18 November 2004 and 414 of 22 March 2005.

To those answers I wish to add that the subject matter of the Deputy's question is not new, although it may be more prominent in public debate given the huge increase in our non-national population. Deputies from all sides of the House have raised concerns about service from the immigration and citizenship division of the Department since the early 1990s, if not earlier. Whatever actions were taken in respect of those concerns clearly did not stand the test of time. Nobody contemplated then that Ireland's asylum seeking population would mushroom to the extent that it did and nobody anticipated the extent to which the Irish born child phenomenon would grow.

I acknowledge that the level of customer service in immigration and citizenship matters is less than it should be. What I am interested in achieving is a long-term sustainable solution. To that end I have engaged the services of PA Consulting Group in order, inter alia, to ensure that the staffing resources currently available within the asylum, immigration and citizenship areas of my Department are optimised and targeted in the most effective manner possible at core functional activities, including citizenship. I have also undertaken preparatory work on a request for tender document which will lead in due course to a major enhancement of the information technology capacity of the immigration and citizenship areas of my Department.

In addition, the recently announced new Irish naturalisation and immigration service, INIS, by providing a one-stop-shop approach, will improve customer services for legally resident migrants. The benefits of the new service should become clear from an early date. Within a year there should be a significantly improved service with a much clearer customer focus, revised organisational procedures and IT systems in place to deliver improved customer service.

Aengus Ó Snodaigh

Question:

154 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will expedite the naturalisation application of a person (details supplied), in view of the fact that this person was not told until 27 months after they filed their initial application that it was invalid due to the fact that at the time of filing they had not met the five-year residency requirement. [9877/05]

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 13 February 2002. The application would have been briefly examined at that time to ensure the applicant had been resident in the State for the statutory five-year period.

I considered the application on 31 March 2004 and decided not to grant a certificate of naturalisation. The applicant had arrived in the State in 1996 and applied for asylum. The application was refused in August 1998 and that decision was upheld on appeal in December 1999. In that same month, he obtained permission to remain in the State on foot of being the parent of an Irish born child.

I have decided as a matter of general policy not to reckon, for naturalisation purposes, residency in the State for the sole purpose of seeking asylum in circumstances where the application was not successful. When this general policy was applied to the applicant's case, I considered that he did not have sufficient reckonable residency in the State to merit naturalisation. In arriving at my decision, I considered that there were no exceptional circumstances disclosed in the applicant's case why I should not apply the stated general policy.

This decision was conveyed in writing to the person concerned on 28 May 2004, together with the reasons for same. I emphasise that the application of the person concerned was fully processed and was unsuccessful; it was not invalid.

A new application from the person referred to was received in my Department on 22 February 2005. Applications for certificates of naturalisation are generally dealt with in chronological order and this practice is not deviated from except in exceptional circumstances. I do not consider that the reasons put forward in the new application are sufficient in this regard. I will inform both the Deputy and the applicant as soon as I have reached a decision on the new application.

Aengus Ó Snodaigh

Question:

155 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the procedure for applying for Irish citizenship for a child of non-national parents who is born after 1 January 2005; the procedure for applying for Irish citizenship for such a child in a case in which the parents have been legally resident in the State for 2.5 years. [9878/05]

I assume the Deputy is referring to a situation where the child, although born in Ireland on or after 1 January 2005, is not entitled by operation of law to Irish citizenship, as a result of changes to our citizenship laws which came into effect on that date. Subject to certain exceptions, those changes mean that such a child is not entitled to citizenship by operation of law where neither non-national parent has, during the period of four years immediately preceding the child's birth, been lawfully resident in the island of Ireland for a period of not less than three years, or periods the aggregate of which is not less than three years, periods of lawful residence as a student or as an asylum applicant being discounted in that context.

Section 15 of the Irish Nationality and Citizenship Act 1956, as amended by the Irish Nationality and Citizenship Act 2004, empowers a parent to apply for a certificate of naturalisation on behalf of such a child. A condition precedent under that section is that the parent in question has had a period of one year's continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years. Periods of unlawful residence, periods of lawful residence for the purposes of study and periods of lawful residence as an asylum applicant are not reckonable for that purpose.

Road Safety.

Aengus Ó Snodaigh

Question:

156 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the estimated cost savings to the Exchequer of the outsourcing of the conduct of speed checks to private operators; the other benefits identified by his Department associated with outsourcing this service; the degree of Garda oversight envisioned; and the additional law enforcement duties he plans to outsource to the private sector. [9879/05]

The Government's road safety strategy 2004-2006 proposes that the Garda Síochána will enter into arrangements for the engagement of a private sector concern for the purposes of the provision and operation of a nationwide programme for the detection of speeding offences. Outsourcing of the operation of camera equipment would free up Garda resources for enforcement purposes, thus allowing gardaí to concentrate on detections requiring direct interception, such as driving while intoxicated. New legislative provisions would be introduced to support the initiative.

The strategy makes clear that the overall performance criteria to be applied to the outsourced detection of speeding offences would be determined by the Garda Síochána and camera detection facilities would be used at locations where the Garda Síochána determine there is an established or prospective risk of collisions. The purpose of the initiative would be to increase road safety and thereby reduce death and injuries, not increase revenue.

A working group on speed cameras chaired by my Department, and consisting of representatives of the Garda Síochána, the Department of Transport and the National Roads Authority, is currently examining how the provision, operation and processing of the output of speed cameras might operate. Among the issues being considered by the working group are the benefits and financial aspects of outsourcing and the management of any outsourcing project. The working group's consideration of the matter is well advanced and I and my colleague, the Minister for Transport, expect to receive its report and recommendations shortly.

Citizenship Applications.

Aengus Ó Snodaigh

Question:

157 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason his Department does not examine naturalisation applications upon receipt to ensure that applicants meet the basic requirements, such as five years residency in the State, with the result that applicants frequently do not learn that their applications are invalid until a year or more after they are filed. [9883/05]

The Irish Nationality and Citizenship Act 2001 introduced provisions governing the type of residency which was reckonable for the purposes of making an application for naturalisation. These provisions came into effect on 30 November 2002. At the same time, the number of applications for naturalisation being received was increasing dramatically.

At that time, the process involved in examining applications at the time of receipt was considered to be too time consuming and would have involved, in many instances, checking the applicant's immigration status with the Garda national immigration bureau. Consequently, it was decided that applications would be examined and processed in chronological order so as to be fair to all applicants, not only those who did not meet the statutory residency criteria.

Additional resources have now been deployed in the citizenship section of my Department. These additional resources, coupled with an ongoing review of procedures, have enabled my officials, with effect from the beginning of April next, to examine all applications at the time of receipt to ensure compliance with the residency requirements. Applications from persons who do not have the necessary residency will be returned straight away and they will be informed of the shortfall in the residency to enable them to take steps to meet the requirements in the future.

Aengus Ó Snodaigh

Question:

158 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will consider changing his policy of rejecting applications for naturalisation wherein the applicants fell short of the five-year residency requirement at the time of filing, even when the requirement has been met by the time the application is examined, to a policy in which these applications will be dealt with in the order they would have been received had they been filed as soon as the requirement was met. [9884/05]

The granting of a certificate of naturalisation is predicated on a number of statutory requirements. One requirement is that the applicant has a specified period of residence "immediately before the date of application". Consequently, residence accrued after the date of application is insufficient to satisfy these requirements.

Departmental Pay.

Denis Naughten

Question:

159 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the date of retrospection of pay for a person (details supplied); and if he will make a statement on the matter. [9893/05]

I have obtained sanction from my colleague the Minister for Finance for retrospection, which is conditional on acceptance of the terms of the new contract, to apply with effect from 1 July 2002.

Residency Permits.

Bernard J. Durkan

Question:

160 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of residency status and family re-unification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [9900/05]

The person in question, a Cameroonian national, arrived in the State on 23 December 2002 and applied for asylum. She withdrew from the asylum process on 7 February 2003 and applied for permission to remain in the State on 12 February 2003 on the basis of her parentage of an Irish born child born on 19 January 2003.

Following the Supreme Court judgment in the L&O case, which confirmed that subject to certain criteria, the State was entitled to deport the non-national parents of an Irish born child, the person was informed by letter dated 18 July 2003 that it was proposed to make a deportation order in respect of her. In accordance with the Immigration Act 1999, she was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons why she should be allowed to remain temporarily in the State, leaving the State before a deportation order was signed or consenting to the making of a deportation order.

Her case file, including all representations submitted, was considered under section 3(6) of the Immigration Act 1999, as amended and under section 5 of the Refugee Act 1996, as amended, prohibition of refoulement. A deportation order was signed in respect of the person concerned on 10 May 2004.

On the date that the deportation order was signed, my Department was notified by the East Coast Area Health Board that the person concerned had been re-united in Ireland with her three Cameroonian children. Notices of deportation orders then issued in respect of her three Cameroonian children in accordance with the procedures indicated above. In the normal course of events, this person's case file, including all representations and additional information received, would fall to be re-considered under section 3(6) of the Immigration Act 1999, as amended and under section 5 of the Refugee Act 1996, as amended, prohibition of refoulement. However, as the parent of an Irish-born child, she may, if she so wishes, apply to have her application considered under the revised arrangements introduced by me for the consideration of applications for permission to remain made by the non-national parents of Irish-born children born before 1 January 2005. An information notice setting out details of the new arrangements and the appropriate application form is available from the Department's website www.justice.ie. Application forms are also available from Garda district headquarters stations outside Dublin and at all Reception and Integration Agency accommodation centres countrywide. Forms have also been supplied to various non-governmental organisations working with immigrants and asylum seekers. The person concerned should note that the deadline for the receipt of applications is 31 March 2005. This scheme does not make any provision for persons granted permission to remain to be joined by family members from outside the State.

Citizenship Applications.

Bernard J. Durkan

Question:

161 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when he expects the naturalisation process to be completed in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [9901/05]

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 2 April 2003. The application has reached the final stages of processing and it will be submitted to me for a decision in the coming weeks. I will inform both the Deputy and the applicant as soon as I have reached a decision in the matter.

Bernard J. Durkan

Question:

162 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the basis for refusal of naturalisation in the case of a person (details supplied) in County Kildare who has been in insurable employment in this country for more than five years; in view of the fact that they came to Ireland in 1997, but was not allowed to work until 1999 and has been in continuous employment ever since; and if he will make a statement on the matter. [9909/05]

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 2 November 2002. The application was submitted to me for a decision in February 2005, and I decided not to grant a certificate of naturalisation. The person concerned was informed in writing of my decision and the reasons therefor on 17 February 2005.

Deportation Orders.

Bernard J. Durkan

Question:

163 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if notwithstanding his previous decision in the case of person (details supplied) in Dublin 22, he will reconsider this deportation order; and if he will make a statement on the matter. [9910/05]

As the person concerned has issued judicial review proceedings, it would not be appropriate for me to make any further comment at this time.

Refugee Status.

Bernard J. Durkan

Question:

164 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will review his refusal of refugee status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [9911/05]

The person concerned, whose reference number is different from that provided by the Deputy, made an application for refugee status on 11 April 2003. This application was considered by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee. These positions were communicated to the person concerned, in writing, on 26 February and 23 September 2004 respectively. Given that this person's application for refugee status has failed, my Department has recently written to the person concerned outlining the options now open to her.

The person concerned has submitted an application for permission to remain in the State under the revised arrangements announced by me on 15 January 2005 for the non-national parents of Irish-born children born before 1 January 2005. Given that more than 15,000 applications under the revised arrangements have been received to date, it will be several weeks before the person's application will be processed to completion.

Visa Applications.

Bernard J. Durkan

Question:

165 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if a visa extension will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9912/05]

The person in question was illegally present in the State prior to his marriage to the Irish national. He was advised by the Garda national immigration bureau that in the circumstances he needed to make a written application to the immigration division of my Department for permission to remain in the State on the basis of that marriage. There is no record of any such application from the person in question to date. Applications of this kind are dealt with in strict chronological order.

Deportation Orders.

Ciarán Cuffe

Question:

166 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the reason for the deportation of a teenager in school uniform without identity papers to Nigeria; and if he will make a statement on the matter. [9933/05]

Ciarán Cuffe

Question:

167 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will investigate the circumstances surrounding the deportation of a person (details supplied) in their school uniform without identity papers to Nigeria; and if he will make a statement on the matter. [9934/05]

Ciarán Cuffe

Question:

168 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the reason for the deportation of a person (details supplied) in their school uniform without identity papers to Nigeria; if his attention has been drawn to the fact that this person was subsequently attacked and molested; and if he will make a statement on the matter. [9935/05]

I propose to take Questions Nos. 166 to 168, inclusive, together.

On careful consideration, I have decided to revoke the deportation order in this case and to arrange for a temporary student visa for six months to be issued to the student to enable him to sit his leaving certificate.

Regarding the other matters of substance, I refer the Deputy to the statement I gave to the House about this case during the Adjournment debate on Tuesday 22 March 2005 and to the press release I issued on the matter today. The person in question was fully documented before he was deported and travel documents were issued for him by the Nigerian Embassy.

Citizenship Applications.

Róisín Shortall

Question:

169 Ms Shortall asked the Minister for Justice, Equality and Law Reform the reason for the delay in updating and issuing a passport in respect of a person (details supplied) to reflect the birth of their Irish child; and if, in view of the circumstances, it will be issued this week. [9936/05]

The person referred to by the Deputy lodged her passport and other documentation when applying for a re-entry visa on 17 February 2005. Due to the high volume of visa applications lodged on a day-to-day basis, it can take from four to six weeks to process an application. In this case the passport was returned to the applicant on 21 March 2005.

School Accommodation.

Billy Timmins

Question:

170 Mr. Timmins asked the Minister for Education and Science the situation with respect to funding for new accommodation at the gaelscoileanna in Wicklow town and Arklow. [9774/05]

As part of a review of all projects for the 2005 capital programme, applications for capital funding from the Gaelscoileanna in Wicklow town and Arklow were assessed against the published prioritisation criteria for large-scale building projects which were revised last year following consultation with the education partners. Under this review all projects were assigned a band rating and the progress of individual projects is being considered in the context of the school building programme from 2005 onwards.

Higher Education Grants.

John Perry

Question:

171 Mr. Perry asked the Minister for Education and Science if financial assistance is available to a person (details supplied) in County Roscommon in order to pursue a pilot’s training in Spain; and if she will make a statement on the matter. [9775/05]

Under my Department's higher education grant schemes, maintenance grants are available to eligible students pursuing approved undergraduate courses in other EU member states, including Spain. In general, approved courses are those pursued in a third level institution, which is maintained or assisted by recurrent grants from public funds.

Students attending approved courses in other EU member states are subject to the same conditions of funding as students attending approved courses in the State. The main conditions of funding relate to age, residence, means, nationality and previous academic attainment.

I should mention that under the terms of the schemes, students are not eligible to receive funding in respect of a repeat period of study at the same level and that students who already hold a qualification at undergraduate degree level are not generally eligible for funding in respect of further study at this level. Also, tax-relief on tuition fees is available in respect of approved courses at undergraduate and postgraduate level in other EU member states. Grant assistance is not awarded in respect of postgraduate study outside of the island of Ireland.

School Accommodation.

Jerry Cowley

Question:

172 Dr. Cowley asked the Minister for Education and Science further to Parliamentary Question No. 3 of 3 February 2005 and the securing of a new site and permanent accommodation for a school (details supplied) in County Mayo, when the property management section of the Office of Public Works, on behalf of her Department, will announce the sites suitable in its view for a permanent school structure to house this ever expanding school; when a decision will be made; the reason there is such a delay; and if she will make a statement on the matter. [9776/05]

The property management section of the Office of Public Works, which acts on behalf of my Department in relation to site acquisitions generally, is continuing to explore the possibility of acquiring a site for the school referred to by the Deputy.

The technical suitability of a number of potential sites is being assessed at present and I expect that my Department and the Office of Public Works will be in a position to progress the matter further in the near future.

Physical Education Facilities.

Jimmy Deenihan

Question:

173 Mr. Deenihan asked the Minister for Education and Science when it is proposed to include physical education as a leaving certificate examination subject; and if she will make a statement on the matter. [9795/05]

At second level, while physical education is not a mandatory subject, it should form part of the curriculum. The programme that each school plans and delivers should be based on the Department's approved syllabuses and the teaching hours should be registered on the school timetable. The time recommended for physical education is two hours per week.

The phasing in of a revised syllabus at junior cycle level for physical education, non-examination, commenced in September 2003. The syllabuses both at primary and second level have been developed on the understanding that facilities available in schools vary. Consequently, they offer flexibility regarding the physical activities undertaken so that each individual school can design a programme that can be delivered using the resources and supports available to the school. No timescale for implementation has been decided upon for introduction of physical education as an examination subject.

Psychological Service.

Brian O'Shea

Question:

174 Mr. O’Shea asked the Minister for Education and Science further to Parliamentary Question No. 198 of 10 March 2005, if she will answer the first and last parts of the question, that is, the number of educational psychologists required to provide a full service to first and second level students in Waterford and when the NEPS in the Waterford constituency will be up to full strength; and if she will make a statement on the matter. [9796/05]

In April 2000, the management committee of the national educational psychological service, NEPS, prepared a development plan, which recommended that each newly appointed cohort of psychologists should be divided among the regions on a pro rata basis, related to the projected student numbers in each region.

On this basis, it was envisaged that ultimately five psychologists would be needed in County Waterford in order to provide a service to all primary and post-primary schools. The current situation is that there are three psychologists based in the Waterford office and their work is overseen by the regional director for the south eastern region — also a psychologist.

I am aware that, at present, County Waterford does not have its full complement of psychologists in place. The most recent panel of psychologists established by the Civil Service and Local Appointments Commissioners has now been exhausted and arrangements for the recently established Public Appointments Service to set up a new panel are at a preliminary stage. Any increase in the number of psychologists in NEPS will depend on the availability of resources and must also take account of Government policy on public sector numbers. Therefore, I cannot at present give a firm date for when the NEPS service in County Waterford will be up to full strength.

When the next recruitment competition for NEPS psychologists takes place, regional panels, rather than one national panel, will be established. This will allow my Department to give priority in filling vacancies to areas with the greatest need.

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

Pension Provisions.

Joe Walsh

Question:

175 Mr. Walsh asked the Minister for Education and Science if the full pension will be awarded to a person (details supplied) in County Cork. [9802/05]

The person in question retired from teaching on 31 July 1996 and was awarded a pension and lump sum under the secondary teachers' superannuation scheme. His benefits were calculated on his reckonable pensionable service of 28 years and 136 days and on his retiring pensionable pay consisting of the maximum point of the common basic salary scale for teachers together with allowances in respect of his principal's post and his academic qualifications.

It appears that the retired principal feels that he may not be in receipt in pension of the appropriate category of the principal's allowance. He is aware of new principal's allowances which were introduced under the PCW agreement restructuring pay deals and which, in accordance with public service pensions policy in regard to restructuring increases, were not passed on to principals who retired before 1 September 1996. The allowances in question are the three new categories of principal's allowance which were introduced above the former maximum category. Since the category of allowance held by the retired principal at retirement was below the former maximum, it was not in any way affected by these new provisions. I can confirm that the retired principal is in receipt in pension of the correct amount of the principal's allowance.

Third Level Staffing.

Paul Kehoe

Question:

176 Mr. Kehoe asked the Minister for Education and Science the levels of English language competency which third level lecturers must have in order to lecture at a third level institution here; and if she will make a statement on the matter. [9810/05]

The qualification criteria for the appointment of academic staff is a matter for each higher education institution, and as such I have no role in these matters.

Third Level Funding.

Paul Kehoe

Question:

177 Mr. Kehoe asked the Minister for Education and Science the levels of funding provided to Carlow Institute of Technology and Waterford Institute of Technology for the past ten years; if there are plans to have a university in the south east; and if she will make a statement on the matter. [9812/05]

Details of capital and recurrent funding provided to Carlow Institute of Technology and Waterford Institute of Technology for the past ten years are set out in the attached document. In June 1996, the Government approved, in principle, the recommendations of the steering committee on the future development of higher education, as a benchmark for future planning in the sector. The steering committee concluded that an upgrading and expansion of Waterford Regional College, now Waterford Institute of Technology, represented the most appropriate response to the higher education needs of the south-east region. The committee's report also recommended an increase in student places, an increase in degree level awards and a change of title. It was recommended that the major focus of expansion be at degree level. It stated that such provision would place the college at the top end of the spectrum in terms of provision of degree places and would enable the region to reach the national average participation rate in degree programmes.

The Government accepted these recommendations. The provision, in both the total number of places and in degree level courses in Waterford Institute of Technology, has been expanded annually and incrementally in line with available resources. These measures, combined with the change of title of the college provide the necessary status and capacity for the institute to meet the identified higher education needs of the region over the coming years. Consistent with this approach, WIT was among the first institutes of technology to be given authority to make its own educational awards under the terms of the Qualifications (Education and Training) Act 1999.

As the Deputy will be aware, in 2004, an expert group from the OECD carried out a major review of our higher education system. In the course of their review, the expert group visited Ireland and consulted extensively with all the major education stakeholders. In its report, published in September 2004, it recommended that the differentiation of mission between the university and the institute of technology sectors be preserved and that for the foreseeable future there should be no further institutional transfers into the university sector.

Institutes of Technology

Year

Carlow

Waterford

Current

Capital

Current

Capital

€ 000’s

€ 000’s

€ 000’s

€ 000’s

2004

16,831

1,155

43,011

2,596

2003

20,875

1,680

39,065

8,697

2002

19,870

1,023

36,858

7,676

2001

18,520

3,295

33,691

8,332

2000

16,824

5,788

27,823

9,779

1999

15,250

10,354

23,774

8,413

1998

14,046

4,398

21,761

4,160

1997

13,367

2,103

18,627

1,923

1996

12,901

1,059

17,331

2,684

1995

12,007

0

15,344

2,397

Special Educational Needs.

Denis Naughten

Question:

178 Mr. Naughten asked the Minister for Education and Science if she will furnish a reply to correspondence (details supplied); and if she will make a statement on the matter. [9813/05]

The correspondence referred to by the Deputy is in respect of a person working as a personal assistant for a student with autism attending Athlone Institute of Technology. Personal assistants are utilised within third level colleges for certain classes of students with disabilities, mainly those with physical or mobility difficulties. The main source of funding for personal assistants is the fund for students with disabilities.

Colleges of further and higher education can apply on behalf of students who require a personal assistant in order to participate equitably in their education. Contractual arrangements in relation to personal assistants vary between institutions. Most colleges either use agencies that supply personal assistants, or employ personal assistants directly on temporary part-time or wholetime contracts. In both cases, the employer of the personal assistant is required to comply with the relevant employment legislation which is in force at this time. In some smaller colleges, personal assistants are contracted on a self-employed basis directly by the student, who is provided with the necessary resources by their college.

The manner in which the personal assistants are employed is a matter for each institution. The terms and conditions of employment for employees who provide support for students with disabilities in third level is a matter for the individual college, which in this case is Athlone Institute of Technology. Apart from the funds provided specifically for the student support schemes, there is no other funding available from the Department that can be made available in this case.

Higher Education.

Gay Mitchell

Question:

179 Mr. G. Mitchell asked the Minister for Education and Science if UCD, TCD, DCU and DIT will co-operate in locating a facility at the proposed new Cherry Orchard housing and retail development in order to work with the local community to redress the very low participation rate in third level education. [9815/05]

I am not aware of proposals for the co-operation of certain third level institutions to establish a facility in Cherry Orchard. However, I share the Deputy's concern on the need to promote widest possible participation in the third level sector, and a number of measures have been put in place to address this, including the following: first, the establishment of the National Office for Equity of Access to Higher Education in 2004. This is intended to build upon work which has been conducted to date and to facilitate increasingly inclusive and equitable access to higher education from among members of under-represented groups in higher education. In this regard, the national office has produced a national action plan which was developed in consultation with stakeholders. Among the important issues addressed in the plan is the development of the most effective means nationally of encouraging and supporting co-operation and action at all levels of the education system towards increasing access and participation in higher education by learners from disadvantaged schools and communities. The national office, in identifying the future road map with quantitative and qualitative targets linked to the allocation of financial resources, has been asked to give particular attention to the setting of national and institutional targets for participation in higher education by the socio-economically disadvantaged, those from the Traveller community, students with disabilities and mature students.

Second, in addition to the student support maintenance grant schemes under which over 56,000 students benefit, the Department of Education and Science has responsibility for dedicated measures, particularly through the third-level access fund, to promote access and participation opportunities for students including disadvantaged and mature students and students with disabilities, in higher and further education.

Third, under the social inclusion measures in the NDP, priority is to be accorded in the third level access fund to tackling under-representation by three target groups: students from disadvantaged backgrounds, students with disabilities and mature students. The third level access fund comprises the following funds/measures: special rates of maintenance grants for disadvantaged students — top-up grants — the ESF-aided student assistance fund, the ESF-aided fund for students with disabilities, the ESF-aided millennium partnership fund for disadvantage and the national office for equity of access to third level education. Since 1997, spending on these third level access measures funded directly by the Department of Education and Science increased from €0.50 million to a provision of almost €33 million in 2004. This represents a quantum leap in the commitment of resources.

School Staffing.

Billy Timmins

Question:

180 Mr. Timmins asked the Minister for Education and Science the position in relation to an application from a school (details supplied) in County Wicklow for the appointment of two extra class teachers from September 2005; and if she will make a statement on the matter. [9817/05]

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. The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each school. Where some classes in a school have class sizes of greater than 29, it is generally because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes. In accordance with the staffing schedule, the staffing of the school referred to by the Deputy for the school year 2004-05 is one principal and seven mainstream class teachers based on an enrolment of 183 pupils at 30 September 2003. In addition, the school has two resource teachers and the services of a learning support teacher.

My Department will finalise the staffing schedule for the 2005-06 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 183 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule.

Schools Building Projects.

Pádraic McCormack

Question:

181 Mr. McCormack asked the Minister for Education and Science the position regarding the proposed extension to a school (details supplied) in County Galway; when this is likely to be sanctioned; and if she will make a statement on the matter. [9818/05]

The project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, and the project is being considered in the context of the school buildings and modernisation programme. The Deputy will be aware that I have made a number of announcements with regard to the 2005 school building programme since the beginning of the year. Earlier this month I announced details of 43 school projects which are being authorised to proceed to architectural planning immediately. I will be making further announcements on projects which will progress, on a phased basis, into the architectural planning process in the next 12 to 15 months. The proposed project at the school referred to, will be considered in this regard.

School Staffing.

Bernard J. Durkan

Question:

182 Mr. Durkan asked the Minister for Education and Science if her attention has been drawn to the high pupil-teacher ratio at a school (details supplied) in County Kildare; if her attention has further been drawn to the urgent need to address this pressing issue in order to ensure the achievement of a better ratio at the earliest possible date; and if she will make a statement on the matter. [9820/05]

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. The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each school. Where some classes in a school have class sizes of greater than 29, it is generally because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes. In accordance with the staffing schedule, the staffing of the school referred to by the Deputy for the school year 2004-05 is a principal and 21 mainstream class teachers based on an enrolment of 591 pupils at 30 September 2003. In addition, the school has two learning support teachers, two special class teachers, two full-time resource teachers, one shared resource teacher and one temporary language support teacher.

My Department will finalise the staffing schedule for the 2005-06 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 588 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule. Significant improvements have been made to the pupil teacher ratio at primary level, which has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year. In line with Government policy, my Department will continue to provide further reductions in the pupil teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

Psychological Service.

Paudge Connolly

Question:

183 Mr. Connolly asked the Minister for Education and Science the number of children in County Monaghan who are being assessed and receiving counselling under the National Education Psychological Service; and if she will make a statement on the matter. [9836/05]

The work of the educational psychologists in the National Educational Psychological Service includes casework with individual children. This may include individual psychometric assessment, provision of advice and recommendations to teachers and parents on how best to meet the child's needs and, occasionally, some short-term counselling support. Counselling would be used for less serious emotional and or behavioural difficulties. Where there are serious difficulties, a referral to the clinical services of the Health Service Executive is initiated, with the consent of the child's parents for further diagnostic work and intervention.

At present, five NEPS psychologists, approximately equivalent to two whole-time psychologists, provide a service to 57 out of 77 schools in County Monaghan. The number of assessments undertaken in schools in the county during this school year is 44 to date and a further 38 are planned. This does not include assessments undertaken in six of the schools, for which information is not immediately available as the psychologist assigned to those schools is on annual leave.

According to the psychologists working in Monaghan, no children are receiving counselling from NEPS psychologists in this school year. A total of 14 have been referred to the clinical services of the HSE in Cavan-Monaghan. Four of these were referred following critical incidents in schools which necessitated involvement by the NEPS psychologist.

NEPS adds value to its psychological services through its support and development work with schools. This involves enhancing the skills of teachers in, for example, group and individual testing, behavioural management and programme development. In particular, NEPS psychologists in the north-eastern region meet clusters of guidance counsellors and other specialist teachers on a regular basis. In this way the counselling and educational needs of many children can be met without the necessity for individual psychological assessment or other interventions. The psychologists are available as consultants to teachers and parents, thus indirectly helping children.

School Staffing.

Willie Penrose

Question:

184 Mr. Penrose asked the Minister for Education and Science the steps she will take to address class size at primary school level; if her attention has been drawn to the fact that there is a requirement for an additional 700 teachers to reduce the class size from 29 to 25; and if she will make a statement on the matter. [9837/05]

The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each class. Where some classes in a school have class sizes of greater than 29, it is generally it has been decided at local level to use their teaching resources to have smaller numbers in other classes.

Significant improvements have been made in this area in recent years. The average class size at primary level is now 23.9, down from 26.6 in 1996-97. The pupil-teacher ratio, which includes all the teachers in the school including resource teachers, has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in 2003-04. Over 4,000 additional teachers have been employed in our primary schools since 1997. These additional posts have been used to reduce class sizes, tackle educational disadvantage and provide additional resources for children with special needs.

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

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

Schools Building Projects.

Michael Ring

Question:

185 Mr. Ring asked the Minister for Education and Science the position regarding a school (details supplied) in County Mayo; when an application for funding was submitted for an extension to their school; the action her Department will take in relation to the health and safety risk at the school; and the stage the application is at. [9838/05]

The building project for the school to which the Deputy referred is at an early stage of architectural planning. I have made several announcements on the 2005 school building programme since the beginning of the year, which included details of 122 major school building projects countrywide which will prepare tenders and move to construction during the next 12 to 15 months; 192 projects to be delivered by way of devolved funding; 20 schools that will be provided with prefabricated accommodation already in the system; 43 schools authorised to commence architectural planning; 590 schools approved for funding under the 2005 summer works scheme.

I want to ensure that a consistent flow of projects to tender and construction can be sustained into the future. I plan to make announcements soon on the school building programme to include projects which will advance through the design process. All projects in architectural planning, including the school in question, are being considered as part of this process.

Psychological Service.

Paudge Connolly

Question:

186 Mr. Connolly asked the Minister for Education and Science the waiting times involved for children in County Cavan who are availing of the National Educational Psychological Service; and if she will make a statement on the matter. [9839/05]

Provision of individual psychological assessments is part of the work of the educational psychologists in the National Educational Psychological Service. The psychologists do not keep waiting lists of children requiring assessment. School authorities refer children for assessment and discuss the relative urgency of each case during the psychologist's visits. This allows the psychologists to give early attention to urgent cases and such children will be seen or referred on in a matter of weeks, if not days.

Four psychologists, approximately equivalent to two whole-time psychologists, provide a service to 52 of 90 schools in County Cavan. In Cavan 51 assessments have been undertaken to date in the school year and a further 27 are planned. The average time between an assessment being agreed between a school and a psychologist and completion of the assessment is five weeks. In order to respond to non-urgent needs and to add value to the psychological service, NEPS is enhancing the skills of teachers in the areas of group and individual testing, programme development and behavioural management. In this way many children's needs can be speedily met without the necessity for individual psychological assessment, although the psychologists are available as consultants to teachers and parents, thus helping the children in an indirect way. This helps to reduce waiting times for individual assessment.

NEPS is being developed on a phased basis over several years and has not yet reached its full staffing complement. Regarding schools in County Cavan that do not yet have access to it, my Department has allocated funding to NEPS to allow for the commissioning of psychological assessments from private practitioners. NEPS has issued details of how to avail of the scheme for commissioning psychological assessments to all schools and these also appear on my Department's website.

Paudge Connolly

Question:

187 Mr. Connolly asked the Minister for Education and Science the waiting times involved for children in County Monaghan who are availing of the National Educational Psychological Service; and if she will make a statement on the matter. [9840/05]

Provision of individual psychological assessments is part of the work of the educational psychologists in the National Educational Psychological Service, NEPS. The psychologists do not keep waiting lists of children requiring assessment in the sense of lists of names that are dealt with in chronological order. School authorities refer children for assessment and discuss the relative urgency of each case during the psychologist's visits. This allows the psychologists to give early attention to urgent cases and such children will be seen or referred on in a matter of weeks, if not days.

At present, five NEPS psychologists, approximately two whole-time equivalent, provide a service to 57 schools out of 77 schools in County Monaghan. In Monaghan schools the number of assessments undertaken to date this year is 44 and a further 38 are planned. This does not include assessments undertaken in six of the schools, for which information is not immediately available as the psychologist assigned to those schools is on annual leave.

Information to hand indicates that in County Monaghan, the average time between an assessment being agreed between a school and a psychologist and the assessment being completed is five weeks. In order to respond to non-urgent needs and to add value to the psychological service, NEPS is pursuing a policy of enhancing the skills of teachers in the areas of group and individual testing, programme development and behavioural management. This means that many children's needs can be speedily met without the necessity for individual psychological assessment, although the psychologists are available as consultants to teachers and parents, thus helping the children in an indirect way. This policy helps to reduce waiting times for individual assessment.

NEPS is being developed on a phased basis over a number of years and has not yet reached its full staffing complement. In relation to those schools in County Monaghan that do not yet have a NEPS service, my Department has allocated funding to NEPS to allow for the commissioning of psychological assessments from private practitioners. NEPS has issued details of how to avail of the Scheme for Commissioning Psychological Assessments, SCPA, to all schools and these also appear on my Department's website.

Paudge Connolly

Question:

188 Mr. Connolly asked the Minister for Education and Science the number of children in County Cavan who are being assessed and receiving counselling under the National Educational Psychological Service; and if she will make a statement on the matter. [9841/05]

The work of the educational psychologists in the National Educational Psychological Service, NEPS, includes casework with individual children. This may involve individual psychometric assessment, provision of advice and recommendations to teachers and parents on meeting the child's needs and occasionally some short term counselling support. Counselling would be in the context of less serious emotional and/or behavioural difficulties. Where serious difficulties are being experienced, a referral to the clinical services of the Health Service Executive, HSE, is initiated, with the consent of the child's parents, for further diagnostic work and intervention which may include counselling.

At present, four NEPS psychologists, approximately two whole time equivalent, provide a service to 52 schools out of a total of 90 schools in County Cavan. The number of assessments undertaken to date in the current school year is 51 and a further 27 are planned. The psychologists working in Cavan have indicated that no children are in receipt of counselling from NEPS psychologists in the current school year. A total of 14 children have been referred to the clinical services of the HSE in Cavan-Monaghan for various reasons. Four of these referrals were made following critical incidents in schools which necessitated involvement by NEPS psychologists.

NEPS adds value to the psychological services it provides through its support and development work with schools. This involves enhancing the skills of teachers in, for example, the areas of group and individual testing, behavioural management and programme development. In particular, NEPS psychologists in the north eastern region meet clusters of guidance counsellors and other specialist teachers on a regular basis. This means that the counselling and educational needs of many children can be met in an indirect way without the necessity for individual psychological assessment or other interventions.

School Accommodation.

Richard Bruton

Question:

189 Mr. Bruton asked the Minister for Education and Science the progress to date in the acquisition on behalf of her Department of a site for a school (details supplied); when the acquisition will be completed; if she has initiated the planning of the building to be erected on the site; and her target date for the opening of the school. [9866/05]

The property management section of the Office of Public Works, which acts on behalf of my Department in relation to site acquisitions generally, has identified a site which could provide for the long term accommodation needs of the school referred to by the Deputy. However, the building of a new school on a greenfield site is only one option being considered by my Department. A second option, which could offer a better value for money solution, is being examined as part of an overall review of the primary educational infrastructure in the area. The purpose of this review is to ascertain the likely demand for pupil places in the medium to long-term and to ensure that existing provision is maximised to meet this demand.

This review, which will be completed as quickly as possible, will inform any future decision on how best to resolve the accommodation needs of the school in question.

School Staffing.

Aengus Ó Snodaigh

Question:

190 Aengus Ó Snodaigh asked the Minister for Education and Science if the funding has been made available to allow a school (details supplied) to recruit an extra class teacher to help ease the large class size numbers in the school. [9867/05]

Aengus Ó Snodaigh

Question:

191 Aengus Ó Snodaigh asked the Minister for Education and Science the steps she had taken to reduce the class sizes in a school (details supplied) from 28.3 average per class to the stated goal in the programme for Government of 20:1. [9868/05]

I propose to take Questions Nos. 190 and 191 together.

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 staffing of the school referred to by the Deputy for the 2004-05 school year is a principal plus 23 mainstream class teachers, based on an enrolment of 647 pupils at 30 September 2003. In addition the school has two learning support posts, four resource teaching posts and one temporary language support post.

My Department will finalise the staffing schedule for the 2005-06 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 623 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule.

Significant improvements have been made in the pupil-teacher ratio at primary level in recent years. The ratio has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year. In line with Government policy, my Department will continue to provide further reductions in the pupil-teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

State Property.

Aengus Ó Snodaigh

Question:

192 Aengus Ó Snodaigh asked the Minister for Education and Science if she has received correspondence from Dublin Inner City Partnership concerning its exclusion from the board of the proposed Grangegorman Development Agency; and if she will make a statement on the matter. [9869/05]

The Dáil Select Committee on Education and Science concluded Committee Stage of the Grangegorman Development Agency Bill on 16 December 2004. In February 2005 I received correspondence from the Dublin Inner City Partnership regarding its wish to be represented on the agency.

The purpose of this Bill is to establish an agency whose function, in the first instance, is to prepare a strategic planning scheme for the Grangegorman site. The plan must provide for the needs of the Dublin Institute of Technology, the Health Service Executive, and the Ministers for Education and Science and Health and Children. The Bill provides for wide ranging consultation with all the parties that may have an involvement in the site. This ranges from those who are directly concerned — local residents, DIT, Health Service Executive and Dublin City Council — to other parties whose future involvement may have a bearing on the site reaching its full potential such as the IDA and Dublin Bus. The Department of Transport will also have a major input because of the public transport requirements of the developed site.

As the Deputy will be aware, I have provided for an increase in the size of the agency from 11 to 15 members. I have increased the membership of DIT from one to two and provided for the appointment of an elected representative to the agency. One of the key elements of the Bill is the provision of consultation with, among others, the local community in the neighbourhood of Grangegorman. In order to strengthen this commitment I have made provision for the appointment of a local resident to the agency. I am currently examining the best method of selecting this appointee and will bring forward proposals on Report Stage of the Bill.

I am satisfied that adequate provision has been made for consultation with all relevant interested parties. To make provision for one such party above the interests of all others would be counter productive in the context of the development of the site.

School Staffing.

Bernard J. Durkan

Question:

193 Mr. Durkan asked the Minister for Education and Science the steps she proposes to take to address the issue of high pupil-teacher ratios with particular reference to the need to bring Ireland into a more favourable position in regard to other European countries; the way in which she expects a school (details supplied) in County Kildare to be affected by improvements she has in mind in this regard; and if she will make a statement on the matter. [9895/05]

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.

The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each school. Where some classes in a school have class sizes of greater than 29, it is generally because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes.

In accordance with the staffing schedule, the staffing of the school referred to by the Deputy for the school year 2004-05 is a principal and nine mainstream class teachers, based on an enrolment of 244 pupils at 30 September 2003. In addition, the school has one learning support teacher, one special class teacher, one resource teacher, and one shared temporary language support teacher. My Department will finalise the staffing schedule for the 2005-06 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 243 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule. Significant improvements have been made to the pupil-teacher ratio at primary level, which has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year.

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

Special Educational Needs.

Bernard J. Durkan

Question:

194 Mr. Durkan asked the Minister for Education and Science if a special needs assistant will be provided at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [9896/05]

I am pleased to advise the Deputy that 23.3 hours special needs assistant support per week has been sanctioned for the pupil in question. A letter confirming this issued to the school authorities on 18 March 2005.

School Placement.

Bernard J. Durkan

Question:

195 Mr. Durkan asked the Minister for Education and Science if a person (details supplied) in County Kildare will obtain a second level school place in their catchment area; and if she will make a statement on the matter. [9897/05]

My Department has not received any notification that the person referred to by the Deputy has been refused enrolment to a second level school. Officials from the Department have contacted the National Educational Welfare Board, NEWB, the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. I understand that the NEWB has not received any notification that the person referred to by the Deputy has been refused enrolment by a second level school.

Section 29 of the Education Act 1998 provides parents with an appeal process where a board of management of a school or a person acting on behalf of the board refuses enrolment to a student. Where a school refuses to enrol a pupil, it is obliged to inform parents of their right under section 29 of Education Act 1998 to appeal that decision to the Secretary General of my Department. Where an appeal under section 29 is upheld, the Secretary General may direct a school to enrol a pupil.

Information on section 29 appeals procedures, including an appeals application form and contact details for the relevant section of my Department, have been sent to the parent of the student referred to by the Deputy. The parent has also been advised to contact the senior educational welfare officer for the area to seek assistance in this matter.

Anti-Poverty Strategy.

Jerry Cowley

Question:

196 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government the status of the commitment in the national anti-poverty strategy framework document published in November 2001 that by the end of 2002 a special needs housing management allowance would be provided by health boards for the management of supported and sheltered housing schemes provided by the voluntary and co-operative sector; the progress made in discussions (details supplied) towards achieving the target outlined in the national anti-poverty strategy framework document since June 2002; and if he will make a statement on the matter. [9790/05]

My Department provides capital funding under the voluntary housing capital assistance scheme to approved housing bodies who provide sheltered housing accommodation under the scheme. Responsibility for normal management and maintenance of accommodation provided under the scheme is a matter for the relevant approved housing body and the costs incurred by the body in this regard are met from the rental income from the letting of the accommodation.

Assistance to approved housing bodies towards the cost of care and support services provided in sheltered housing projects over and above normal housing management, where these services are necessary, is a matter for the Health Service Executive and in this regard it is understood that the Department of Health and Children has allocated funding of €0.4 million in 2005 to help support older people living in accommodation provided by the voluntary and co-operative sector.

Road Network.

Seamus Kirk

Question:

197 Mr. Kirk asked the Minister for the Environment, Heritage and Local Government if he will consider a proposal to upgrade the Dundalk-Crossmaglen road, in view of the need to develop socio-economic ties as part of the evolution of the peace process; and if he will make a statement on the matter. [9809/05]

The provision of funds to upgrade national roads is a matter for the National Roads Authority. The improvement of non-national roads in County Louth is a matter for Louth County Council, to be funded from its own resources supplemented by State grants. In so far as State grants are concerned, the initial selection and prioritisation of projects to be funded from non-national road grants in County Louth is a matter for Louth County Council.

In so far as the regional road, R177, between Dundalk and the Border is concerned, the grants which have been allocated for improvement works on this route in recent years are set out in the following table.

Grants allocated to Louth Co. Council for works on R177 Dundalk — NI Border

Year

Grant Source

Scheme

Grant Amount

1996

Peace & Reconciliation Grant

PI: R177, North West of Dundalk

63,487

1997

Peace & Reconciliation Grant

PI: R177 Armagh Road

63,487

1998

Peace & Reconciliation Grant

PI: R177Dundalk/Border with Northern Ireland

63,487

2000

Peace & Reconciliation Grant

PI: R177 Armagh Road

61,614

2001

Specific Grant

SG: R177 Road Improvement & Strengthening Scheme

323,783

2003

Specific Grant

SG: R177 Border N.I. — Lurgankeel

300,000

2003

Specific Grant

SG: R177 Dundalk-Armagh Road at Lisdoo/Moorland

350,000

2005

Specific Grant

SG: R177 Dundalk/Border (Kilcurry)

280,000

It is also open to the council to prioritise further works on this route for funding under the EU co-financed specific improvement grant scheme in 2006, when applications are sought later this year by my Department.

Housing Grants.

Gay Mitchell

Question:

198 Mr. G. Mitchell asked the Minister for the Environment, Heritage and Local Government if he will raise the shared ownership loan upper limit for Dublin-based applicants, in view of the higher cost of homes in the Dublin region; and if he will make a statement on the matter. [9939/05]

The shared ownership scheme offers home ownership in a number of steps to purchasers who cannot afford full ownership in the traditional way. Initially, ownership is shared between the purchaser who buys at least 40% of the value of the house and the local authority from whom the purchaser rents the remaining share.

In July of this year I increased the maximum loan that can be advanced for a local authority house purchase from €130,000 to €165,000 and extended the period for which local authorities may advance loans from 25 years to 30 years. At the time of the review I also announced increases in the income limits. The eligibility limits for applying for the shared ownership scheme is now €36,800 for a single income household and €92,000 for a two-income household, using the formula of two and a half times the main income and once the second income.

It is a matter for each local authority to administer house purchase loans in its area, having regard, as appropriate, to the housing needs and circumstances of the area. In determining the maximum mortgage loan in each case, local authorities should have regard to the purchasers' ability to repay by reference to their net household income.

My Department continues to monitor the various housing schemes taking into account the movement in house prices, the effectiveness of various schemes in meeting the needs of the relevant target group and the availability of mortgage finance in the private sector.

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