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Dáil Éireann debate -
Thursday, 5 May 2005

Vol. 601 No. 6

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 8, inclusive, answered orally.

Digital Hub.

Olivia Mitchell

Question:

9 Ms O. Mitchell asked the Minister for Communications, Marine and Natural Resources the position in regard to the achievement of the various targets set for or by the digital hub; and if he will make a statement on the matter. [14501/05]

Gay Mitchell

Question:

48 Mr. G. Mitchell asked the Minister for Communications, Marine and Natural Resources the extent to which costs anticipated in the digital hub project are on target to date; and if he will make a statement on the matter. [14502/05]

Bernard J. Durkan

Question:

154 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the position in regard to the achievement of the various targets set for or by the digital hub; and if he will make a statement on the matter. [14732/05]

Bernard J. Durkan

Question:

155 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which costs anticipated in the digital hub project are on target to date; and if he will make a statement on the matter. [14733/05]

I propose to take Questions Nos. 9, 48, 154, and 155 together.

The digital hub project managed by the independent Digital Hub Development Agency has been and continues to be successful in attracting digital industry tenants and operates a number of significant community, educational and promotional initiatives as part of its role. The agency has been successful in growing the cluster with almost 50 companies now employing over 300 employees in the hub.

Turning to the social and community development remit of the hub, the agency has also surpassed expectations. The Liberties learning initiative uses technology to tackle social and educational disadvantage in the area. Supported by funding from Diageo Ireland, the programme is delivering a range of learning and showcasing projects focused on the creative use of digital media and reflects the national priorities of building a knowledge-based society and addressing the digital divide. The schools programme of the Liberties learning initiative has developed a range of programmes in 16 local primary and second level schools aimed at addressing the digital divide.

These include providing information and communication technology, ICT, equipment and technical support to local schools, providing professional training to teachers so they are fully informed about the education benefits of ICT and advising and informing the schools of employment opportunities in the digital sector. The schools programme aims to equip local children with the skills needed to live in a digital age, and to work in the digital media industry, which will be located on their doorstep.

I am currently exploring options with the agency to deliver the property development project in a timely manner. When completed the project will deliver 500,000 sq. ft. of enterprise, learning and educational, residential and retail space.

While the larger hub site is being developed, the agency is space constrained, given the high number of tenants. Parts of the former Media Lab Europe, MLE, building are now being utilised by the hub on a temporary basis. In terms of the financing of the operation, the initial premise in setting up the digital hub was that it would become financially self-sustaining over time. However, due in the main to delays in developing the hub site for commercial exploitation, the agency has not become self-sustaining and continues to operate on the basis of borrowings in addition to income from rental of property.

Electricity Generation.

Breeda Moynihan-Cronin

Question:

10 Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Resources his aims and views in relation to the present consultation on the single electricity market for the island of Ireland; and if he will make a statement on the matter. [14390/05]

In November 2004, Minister Barry Gardiner MP and myself, as Ministers with responsibility for energy policy in Northern Ireland and Ireland, respectively, launched a development framework for an all island energy market. We agreed that the challenges faced on the island in relation to the safety, security and sustainability of energy supplies can best be achieved through co-operation on an all island basis. After a lengthy and detailed consultation a range of development priorities were identified and the first among these was the development of all island wholesale trading arrangements, which the energy regulators North and South were charged with developing.

I am pleased to note that both regulators have committed to delivering this new electricity market by July 2007. The present consultation on the design proposal for this new market being undertaken jointly by both regulators represents a significant step forward on this project and I fully support it. It will bring long-term benefits to consumers both North and South.

Energy Conservation.

Denis Naughten

Question:

11 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources the steps he has taken or instructions he has given to achieve energy saving or improved efficiency; and if he will make a statement on the matter. [14516/05]

Bernard J. Durkan

Question:

165 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the steps he has taken or instructions he has given to achieve energy saving or improved efficiency; and if he will make a statement on the matter. [14746/05]

I propose to take Questions Nos. 11 and 165 together.

While there is no room for complacency in relation to the vital matter of energy saving and energy efficiency, the situation in Ireland is fairly good, compared with many other European countries. However, we are always open to new ideas and I intend to engage proactively with this agenda.

Sustainable Energy Ireland, SEI, is an agency established by Government in 2002 under the aegis of the Department of Communications, Marine and Natural Resources. Its remit is to promote and assist environmentally and economically sustainable production, supply and use of energy across all sectors of the economy.

Indeed, by international standards Ireland compares very favourably with other IEA countries in terms of energy intensity. According to the International Energy Agency's 2003 Ireland review, Ireland has the second lowest energy intensity in the IEA countries. For comparison, the same publication notes that Finland's energy intensity was in 2001 over 90% higher than Ireland's.

It fell by 4.8% in 2002 and 5.8% in 2003 suggesting that the economy is continuing to become more energy efficient. Primary energy intensity fell by 33% between 1990 and 2003, or 3% per annum. An analysis carried out by Sustainable Energy Ireland's energy policy statistical support unit suggests that 33% of the change in energy intensity could be accounted for by structural changes in the economy. The remaining 67% was due to economies of scale, fuel mix and energy efficiency improvements.

SEI is responsible for the rollout of the energy conservation measure of the sustainable energy priority of the National Development Plan 2000-2006. SEI implements a range of programmes, which includes three programmes in the industry sector, four programmes in the built environment, four renewable energy programmes, as well as specialised statistical analysis and policy advice.

The programmes operate in four areas: renewable energy and CHP; research and development; industry and public sector; and residential. Under the renewable energy and CHP programme, SEI runs an information service called the renewable energy information office offering independent advice on all aspects of renewable energy development. The research and development programmes include a research programme aimed at promoting sustainable energy practices in Irish housing. There are also a number of research and demonstration programmes, which supports the increased application and deployment of renewable technologies. Operating to implement best practice with regard to industry and public sector buildings, SEI offers support to stimulate the application of improved energy efficiency design strategies, technologies and services in public sector building construction and retrofitting. The replication of these strategies, technologies and services is a key factor of this programme.

The establishment of voluntary networks such as the large industry energy network, LIEN, which collaborate to reduce energy costs and increase energy efficiencies is a key factor of this programme. LIEN members in 80 companies saved approximately 123.6 GWh of electricity in 2003 amounting to a consequential reduction of almost 43,419 tonnes of CO2

The residential sector too is targeted within SEI's programmes both at an information campaign level and through the home energy rating programme. Both my Department and SEI worked with the Department of the Environment, Heritage and Local Government in designing the implementation plan for the EU energy performance of buildings directive in Ireland launched earlier this week.

Electricity Generation.

Bernard J. Durkan

Question:

12 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has determined directly or through the regulator a role for wind generated energy producers in the future having particular regard to developments in this area throughout Europe; and if he will make a statement on the matter. [14491/05]

Mary Upton

Question:

21 Dr. Upton asked the Minister for Communications, Marine and Natural Resources his views on the role which wind energy can play in meeting energy requirements here; and if he will make a statement on the matter. [14397/05]

Phil Hogan

Question:

25 Mr. Hogan asked the Minister for Communications, Marine and Natural Resources if he has given directions in regard to his preferred options in respect of the extent to which he sees wind generated energy playing a role in electricity production in the future; and if he will make a statement on the matter. [14490/05]

Emmet Stagg

Question:

58 Mr. Stagg asked the Minister for Communications, Marine and Natural Resources the proportion of electricity needs here being generated by wind; the proportion he expects will be generated in ten years’ time; and if he will make a statement on the matter. [14399/05]

Paul Connaughton

Question:

66 Mr. Connaughton asked the Minister for Communications, Marine and Natural Resources if he has had direct communications with a company (details supplied) or other energy producers with a view to determination of the extent to which he intends to support such production in the future; and if he will make a statement on the matter. [14504/05]

Bernard Allen

Question:

72 Mr. Allen asked the Minister for Communications, Marine and Natural Resources the reason there is a reluctance on the part of the Government to support wind generated electricity; and if he will make a statement on the matter. [14492/05]

Ciarán Cuffe

Question:

89 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources the details of the renewable energy group’s progress on developing new support mechanisms for renewable energy; when he will be able to provide details of the new support mechanisms that will be put in place; and if he will make a statement on the matter. [14548/05]

Bernard J. Durkan

Question:

143 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has given directions in regard to his preferred options in respect of the extent to which he sees wind generated energy playing a role in electricity production in the future; and if he will make a statement on the matter. [14721/05]

Bernard J. Durkan

Question:

144 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has determined directly or through the regulator a role for wind generated energy producers in the future having particular regard to developments in this area throughout Europe; and if he will make a statement on the matter. [14722/05]

Bernard J. Durkan

Question:

145 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the reason there is a reluctance on the part of the Government to support wind generated electricity; and if he will make a statement on the matter. [14723/05]

Bernard J. Durkan

Question:

157 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had direct communications with a company (details supplied) or other energy producers with a view to determination of the extent to which he intends to support such production in the future; and if he will make a statement on the matter. [14735/05]

I propose to take Questions Nos. 12, 21, 25, 58, 66, 72, 89, 143, 144, 145 and 157 together.

The promotion of renewable energy technologies in electricity production is a key priority of this Government. This priority is shared by EU Community institutions which have addressed a directive, the renewables directive — Directive 2001/77/EC, to all member states to increase the consumption of green electricity by 2010. The obligation addressed to Ireland is to deliver a programme capable of increasing the amount of electricity from renewable energy sources to 13.2% of total consumption by 2010.

Existing hydro facilities together with the current AER support programme operated by my Department and activity in the liberalised green market are capable of delivering significantly on the target in the directive. Additional capacity will be supported under a new support mechanism which I announced recently. I will return to this point later in my reply.

In 2003, the latest year for which figures are available, 1.7% of the total electricity consumed came from wind powered electricity generating plant. At that time there was 189 MW of wind power connected to the electricity network. This figure is growing and of the 624 MW of renewable energy sourced electricity generating plant currently installed, 362 MW is wind powered. This is an increase of 173 MW, or over 91%, since the latest statistics were calculated.

The target of 13.2% approximates to 1,400 MW to be connected to the electricity network by 2010. It is acknowledged at EU level as a challenging target. It will require us to more than double existing capacity within five years. This is the minimum target I am demanding. My overall target is to optimise the amount of renewable energy technologies which can be connected to the network while maintaining safe and reliable supply and reasonable retail charges for consumers.

The amount of wind powered stations which can be usefully connected to the network in ten years' time is dependent on future technological developments within the technology, future electricity demand, the size and future mix of technologies on the electricity network and the development of interconnectors. It is only by monitoring these variables over time that realistic further targets can be set for 2015 and beyond.

In addition to the environmental benefits, it is important the State reduces its dependency on fossil fuels, the prices of which are subject to the vagaries of the global markets and geopolitical developments which can adversely affect both the price and availability of supplies. From a national economic perspective and not just an energy policy perspective, increasing the amount of renewable energy in the system will be helpful in substituting costly fuel imports and in dealing with levels of uncertainty in the future evolution of energy prices.

Wind powered plant is currently the most competitively priced of all renewable energy technologies. It is, therefore, the dominant renewable technology at this time. However, as wind is an intermittent fuel source, it presents particular challenges for the networks operators as penetration levels grow.

Future challenging targets to increase wind powered stations will require co-operation and co-ordination between my Department, Sustainable Energy Ireland, SEI, the market regulator, the electricity networks operators and developers. I am happy to report that all these key players, and more, have participated in a consultation process launched in December 2003 and in the work of the subsequently established renewable energy development group.

The group's report will form the basis of my future policy decisions on the increased penetration of renewable energy technologies in the electricity market and will seek to ensure that developers can make a reasonable rate of return on renewable energy projects while ensuring that the interests of national competitiveness and the ultimate burden of cost to the final consumer are all fully taken into consideration.

In addition to the formal communications within the renewable energy development group, my Department has also had several bilateral meetings with the company mentioned by a Deputy and with other energy producers. Deputies can be assured, therefore, that there have been ample opportunities for both developers and suppliers to influence the future policy direction.

Although the report of the renewable energy development group is not yet completed, I have received updates on the work in progress. On 7 April last, I was able to announce the outline of a future support mechanism, AER VII. This revised system will move away from competitive tendering to a fixed price proposal. In addition, the support which was previously tied to contracts with the ESB will now be available for supply contracts with any licensed supplier. I also indicated in my announcement that wind powered technology will remain the dominant technology in delivering this target.

AER VII will contain a quantitative limit and a competitive element therefore remains. The actual capacity limit in AER VII will be a specific term of major interest to all potential applicants. It is appropriate that it is made accessible to all potential applicants simultaneously. I am not in a position, therefore, to announce a specific quantitative target until AER VII is formally launched. Currently, my Department is in consultations with suppliers about the practical implementation of the new arrangements announced on 7 April last. I expect these consultations to conclude shortly. Publication of the detailed terms and conditions of the future support mechanism AER VII will be published shortly after those contacts with suppliers finish.

There is, therefore, no reluctance on my part to support continuing growth in the amount of any renewable energy technology including wind connected to the network even if that requires fundamental changes of the type I have outlined for AER VII. From my point of view, we must optimise the contribution of renewable energy based electricity to the national supply on a basis that is fair to all parties, including consumers, and that it can be integrated safely and easily into the national network. The time which has been invested by my Department, SEI, CER, the network operators and developers within the REDG will, I am confident, result in accelerated development of new plants in the short term.

Mobile Telephony.

Pádraic McCormack

Question:

13 Mr. McCormack asked the Minister for Communications, Marine and Natural Resources if he has issued instructions directly or through the regulator with a view to a reduction in mobile telephone costs here in line with other European countries; and if he will make a statement on the matter. [14507/05]

Bernard J. Durkan

Question:

160 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has issued instructions directly or through the regulator with a view to a reduction in mobile telephone costs here in line with other European countries; and if he will make a statement on the matter. [14738/05]

I propose to take Questions Nos. 13 and 160 together.

I have no function in the setting of pricing for phone services. The regulation of telecommunications operators, including pricing for mobile services, is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU regulatory framework for electronic communications.

As Minister for Communications, Marine and Natural Resources, I have responsibility for overall telecoms policy and my main goal in this policy is to create conditions for sustainable growth and competition that will benefit the economic and social development of Ireland and facilitate competitive services.

It is my belief that improving the market conditions to enhance competition is the best way to drive down mobile phone charges to the end user. The more competitive telecoms services that are on offer, the better in the long run for consumers, the sector and the economy.

In March 2004, my predecessor issued policy directions to ComReg, including a direction on competition. The direction on competition mandates ComReg to focus on competition as a key objective, with a particular focus on competition in the fixed and mobile markets, and to implement where necessary, remedies which counteract or remove barriers to entry and support entry by new players to the market and entry into new sectors by existing players and to have particular regard to the following also: market share of new entrants; ensuring that the applicable margin attributable to a product at the wholesale level is sufficient to promote and sustain competition; price level to the end user; and the potential of alternative technology delivery platforms to support competition. ComReg has, as one of its key objectives, under the Communications Regulation Act 2002, the promotion of competition in the exercise of its functions. Competition in the fixed and mobile markets will drive down prices for consumers.

I have no information to say that Irish mobile charges are generally the highest in Europe. However, ComReg's quarterly key data for the Irish communications market for Q4 2004 indicate that the Irish mobile operators' average revenue per user is the second highest in Europe. Switzerland has the highest.

The Deputies will be aware that in February 2005, ComReg designated Vodafone and O2 as having joint dominance in the wholesale mobile access and call origination market. Following on from this, in March of this year, ComReg placed an obligation on Vodafone and O2, requiring them to provide access to other companies on their networks.

Vodafone, O2 and Meteor have notified me that they wish to appeal to an appeal panel ComReg's finding of joint dominance and the resulting obligations imposed by ComReg on Vodafone and O2 to give other operators access to their networks. My officials are currently examining these notifications of appeal.

Fisheries Protection.

Joan Burton

Question:

14 Ms Burton asked the Minister for Communications, Marine and Natural Resources his policy with regard to the further licensing of mussel longline areas within Kilmakillogue harbour, County Kerry, in view of the grave concerns expressed recently by a group (details supplied); and if he will make a statement on the matter. [14377/05]

The Department has received applications for the renewal of aquaculture licences granted in Kilmackillogue harbour for the cultivation of mussels on longlines. While the Department would wish to proceed with the consideration of these applications, it has certain concerns about the manner in which aquaculture is being conducted in the area, and compliance with licence requirements.

Specifically, it appears that certain operations are not being conducted entirely within the boundaries of the licensed areas. In addition, a number of the sites are poorly maintained and contain longlines that are out of alignment, thus creating unnecessary visual intrusion.

There are indications also that, in many instances, stocking density, in terms of longlines per hectare, has been excessive. This can lead to slow growth and affect the quality of the harvested product. It is proposed that officials of the Department will meet the Kilmackillogue operators shortly with a view to addressing these issues and concerns. The aim will be to determine a framework within which aquaculture can continue and progress in the area in an orderly and sustainable manner. It would be inappropriate, pending the resolution of these issues in relation to the existing aquaculture operations, to consider further licensing of sites in Kilmackillogue.

Energy Resources.

Olwyn Enright

Question:

15 Ms Enright asked the Minister for Communications, Marine and Natural Resources if support for biofuels here is on a par with the encouragement available in other European countries; and if he will make a statement on the matter. [14509/05]

Bernard Allen

Question:

33 Mr. Allen asked the Minister for Communications, Marine and Natural Resources the extent to which his Department or other agencies under his aegis have had discussions with producers of biodiesel or other biofuels; the likely role for such alternative fuels in the future; and if he will make a statement on the matter. [14493/05]

Michael Ring

Question:

47 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the number of bodies, agents or agencies with whom he or agencies under his aegis have had discussions with regard to the future production of biofuels; the outcome of such discussions; and if he will make a statement on the matter. [14518/05]

Trevor Sargent

Question:

96 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources the reason he restricted the excise duty exemption on bioethanol and biodiesel to 1 million litres each, in view of the fact that such fuels can be used in any vehicle once blended with conventional mineral oils and that the existing sugar beet industry here has the capacity to deliver 600,000 tonnes of sugar beet to produce such products; if he expects to achieve the targets set out in the 2003 biofuels directive that 5.75% of diesel and petrol sales in 2010 come from biofuels. [14554/05]

Bernard J. Durkan

Question:

146 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which his Department or other agencies under his aegis have had discussions with producers of biodiesel or other biofuels; the likely role for such alternative fuels in the future; and if he will make a statement on the matter. [14724/05]

Bernard J. Durkan

Question:

162 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if support for biofuels here is on a par with the encouragement available in other European countries; and if he will make a statement on the matter. [14740/05]

Bernard J. Durkan

Question:

167 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the number of bodies, agents or agencies with whom he or agencies under his aegis have had discussions with regard to the future production of biofuels; the outcome of such discussions; and if he will make a statement on the matter. [14748/05]

I propose to take Questions Nos. 15, 33, 47, 96, 146, 162 and 167 together.

In March 2004, my Department secured an amendment to the Finance Act 1999 which provides for the introduction of a pilot scheme for excise tax relief for biofuels. The European Commission has now given State aid clearance for the scheme that was launched by my Department on 20 April. Interested parties have been invited to apply for excise relief through a competitive call for proposals process. Under the scheme, excise relief may be granted for pilot projects producing up to 6 million litres of pure plant oil, 1 million litres of biodiesel and 1 million litres of bioethanol.

When the Finance Act measure was originally negotiated with the Department of Finance in 2003, the level of interest expressed to the Department in developing biofuels, in particular bioethanol and biodiesel, was considerably lower than is currently the case. Since the Finance Act measure was first announced interest in biofuels has grown considerably but the Finance Act measure relates to pilot projects only.

The primary focus of interest expressed to date has been in the biodiesel and pure plant oil sectors. In respect of bioethanol, I understand that Irish Sugar plc intends to process Ireland's full sugar quota at its Mallow plant. Production of bioethanol from sugar is more expensive than production from wheat and would be a commercial decision for any potential developer.

Biodiesel, bioethanol and pure plant oil are addressed in the EU biofuels directive. This directive sets indicative targets for the market penetration of biofuels in member states. An interdepartmental group has been set up, chaired by my Department and comprising officials from Sustainable Energy Ireland, SEI, the Department of the Environment, Heritage and Local Government, the Department of Transport, the Department of Agriculture and Food and the Department of Finance. The group is considering policy options for the development of a biofuels sector in Ireland. As part of the group's work, a liquid biofuels strategy study was published by SEI in December 2004. This report provides comprehensive details on the potential for the development of a biofuels market in Ireland and options to stimulate the market.

In relation to other alternative fuels, Sustainable Energy Ireland was established under the Sustainable Energy Act 2002 to promote and assist in the sustainable production, supply and use of energy, in support of Government policy. A number of SEI research, development and demonstration programmes are currently in operation across all sectors of the economy addressing these strategic objectives.

My Department is responsible for the promotion and development of renewable energy, including biofuels and I am committed to the development and promotion of a biofuels market in Ireland's transport fuel sector.

Sustainable Energy Ireland is also funding a number of biomass projects and studies through its renewable energy research development and demonstration programme. Under the programme, Sustainable Energy Ireland offers capital grant aid for biofuels market demonstration projects in the pure plant oil, biodiesel and bioethanol categories. Funding of €250,000 has already been awarded by SEI to one company which is demonstrating the feasibility of producing and selling vegetable oil locally as a transport fuel. It is intended that further grant aid will be available under the programme for biofuel demonstration projects.

It is anticipated that these initial measures will lead to market penetration of biofuels of 0.13% within two years. Further measures to increase market penetration over a longer timeframe are currently being considered.

The biofuels directive sets indicative targets for market penetration of 2% by end 2005 and 5.75% by end 2010. The targets in the directive are indicative and not mandatory and most member states, including Ireland, would not be in a position to meet the 2% target by end 2005. Ireland is starting from a very low current production base, and the 2% target therefore represents a considerable challenge.

Under the EU biofuels directive, member states were required to submit a report to the Commission in 2004, giving details of current market penetration of biofuels and projected targets for 2005. The reports by member states are now available on the Commission's website and indicate that market penetration of biofuels is also low in many other EU member states. Only six countries have identified current market penetration levels of 1% or higher, with a further 12 countries, including Ireland, identifying current market penetration levels ranging from 0% to 0.7%. Only 21 member states have reports posted on the Commission's website.

Member states have reported using a variety of mechanisms to stimulate biofuels market penetration ranging from introducing exemptions from excise duty on biofuels, special tax rates on biofuels, grant assistance and certificate obligation systems but most member states are still at a very early stage in developing biofuels policy.

Electricity Generation.

Kathleen Lynch

Question:

16 Ms Lynch asked the Minister for Communications, Marine and Natural Resources when he expects domestic customers to receive benefits from electricity market opening in view of the steady rise in domestic electricity prices and consequent higher bills; and if he will make a statement on the matter. [14387/05]

As regards domestic electricity prices, the Deputy will be aware I have no function in relation to the pricing of electricity as this falls within the remit of the Commission for Energy Regulation, CER, the independent regulator for electricity and gas. Turning to the kernel of the question, the Deputy will also be aware that liberalisation of the electricity market has proceeded on a phased basis since February 2000 under the regulatory oversight of the CER.

In accordance with the Electricity Regulation Act 1999 (Eligible Customer) (Consumption of Electricity) Order 2003 on 19 February last, the market opened fully to competition. From that date, all customers have been eligible to source their electricity from any licensed supplier and the entire market became contestable. Scope now exists for all customers, household and non-household alike, to seek out keener prices in the competitive market. This is over two years in advance of the July 2007 deadline set down in Electricity Directive 2003/54/EC.

The opening of the market has benefited customers by broadening customer choice. The latest information available to me from the CER indicates that to date 10,202 primarily non-domestic customers have switched supplier. Since full market opening the CER has ensured that the support systems and processes are in place to enable new entrant electricity suppliers to serve any customer in Ireland.

To date suppliers have focused on larger customers because this was the first segment of the market to open to competition, a pattern that is very common in other newly liberalising markets. Over time, as suppliers target the domestic market, I expect to see those benefits extended to the domestic customer.

As part of its oversight role in the opening of the market, the Commission for Energy Regulation plans to launch shortly a new customer-focused website to help inform customers of their rights and entitlements and answer questions they may have about their electricity supplier.

Energy Resources.

Joe Sherlock

Question:

17 Mr. Sherlock asked the Minister for Communications, Marine and Natural Resources the latest information available to his Department regarding the proposed development of the Corrib gas field; and if he will make a statement on the matter. [14405/05]

The development of the Corrib gas field, which is situated some 70 km off the coast of County Mayo, is progressing steadily. The development has received the necessary statutory approvals, consents and licences for the development of the field and work on the project has commenced. The developers expect that first gas will flow in early 2007. A considerable amount of work will be undertaken in 2005 towards achieving this end. This will include, among other things, construction of the terminal, the installation of the onshore pipeline and work on the offshore with regard to pipeline and the subsea.

My Department is at present considering two applications from the developers for consent to install and commission: phase 3: onshore pipeline and umbilical, originally submitted in June 2002 and phase 6 works: manifold installation and infield works. The requirement to seek the approval for consent to install the pipeline is an administrative condition attaching to the consent to construct the pipeline given by the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, on 15 April 2002.

In the context of considering the phase 3 application, officials from my Department met Shell in March 2005 to discuss the application further. At that meeting, Shell advised that the company had appointed Shell Global Solutions to carry out a peer review on the quantified risk assessment, QRA, and associated reports-studies submitted to my Department by the then operator Enterprise Energy Ireland Limited in connection with its application. Shell agreed to submit these reports to my Department by April of this year. I can confirm that a QRA report, version E, has now been received in the Department, and that a suitably qualified consultant has been appointed by my Department to review and assess this document and report to me on all aspects and especially that of public safety. I intend to make these reports, the QRA version E and the report by my consultant on this document, available to the public.

Broadcasting Legislation.

Jan O'Sullivan

Question:

18 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources when he will publish his plans on the independent future of TG4; and if he will make a statement on the matter. [14395/05]

TG4 is primarily an Irish language television station. It first broadcast on 31 October 1996 and operates as part of the RTÉ family of services. The Government is committed to supporting the development of Irish language broadcasting, and to the establishment of TG4 as a separate statutory body, as provided for in the Broadcasting Act 2001.

The Government has agreed that I would indicate my intention to appoint a date towards the end of 2005 or early 2006 as the establishment day for Teilifís na Gaeilge. The Government decision also provided for the establishment of a project management group to oversee the establishment of Teilifís na Gaeilge as an independent entity. The group will be chaired by my Department and will include officials from the Department of Finance and the Department of Community, Rural and Gaeltacht Affairs, along with RTÉ and TG4. My Department is in the process of appointing external advisers to assist with the preparation of a detailed implementation plan for the separate establishment of TG4.

Digital Hub.

Mary Upton

Question:

19 Dr. Upton asked the Minister for Communications, Marine and Natural Resources the progress made with regard to the consultation process with a view to establishing a new research entity at the former MediaLab Europe premises in the digital hub; when he expects that the process will be completed; and if he will make a statement on the matter. [14396/05]

Olivia Mitchell

Question:

36 Ms O. Mitchell asked the Minister for Communications, Marine and Natural Resources the full extent of expenditure to date in the context of the anchor tenants at the digital hub; if he will report on progress in the search for a replacement; and if he will make a statement on the matter. [14500/05]

Bernard J. Durkan

Question:

133 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had discussions with the relevant bodies, groups or agencies regarding the possible installation of a new anchor tenant for the digital hub. [11645/05]

Bernard J. Durkan

Question:

153 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the full extent of expenditure to date in the context of the anchor tenants at the digital hub; if he will report on progress in the search for a replacement; and if he will make a statement on the matter. [14731/05]

I propose to take Questions Nos. 19, 36, 133 and 153 together.

A consultation with regard to the development of a new digital research entity in the digital hub was recently undertaken on my behalf. The report found a high level of support for the proposal to continue public investment in the digital media sector in Ireland with the establishment of a new research entity at the former Media Lab Europe premises in the digital hub. That consultation proposed that the new entity would undertake research in the general area of digital media, but that there would be greater focus on sustainable research and a more directive approach to research in a new business model. It also recommended better links to Irish universities, effective management and improved corporate governance, in accordance with general guidelines for State bodies.

It is well appreciated and agreed that the new project will not be a replication of existing mainstream research centres, such as those currently funded by the Higher Education Authority or Science Foundation Ireland. A high quality, interdisciplinary project, involving both research and innovation, that, inter alia, supports the hub and that is effectively linked with commercial and business interests in the digital media sector in Ireland, is likely to emerge.

Proposals are now being sought by the Higher Education Authority on my behalf for the establishment and management of a national digital media research and innovation centre, the National Digital Research Centre, NDRC, to be located in the digital hub. The centre will complement existing Government initiatives focussed on digital media and technology enterprises and assist in the development and growth of the digital hub district. As well as having a clear educational research focus supported by a strong link with a third level institution, this new centre will provide a focal point for the development of a wider research and innovation ecosystem relevant to and including the digital industry itself. The centre will have a strong industry input and affinity, married with an imperative for commercialisation, with a particular focus on Irish-based industry. There will be an emphasis on interdisciplinary research and innovation, and a focus on demonstrating solutions in an industry context.

Proposals are being invited from higher education institutions, public research institutes, private sector entities or consortia. The call for proposals will consist of a competitive two-phase structure, entailing a short-listing expressions of interest stage followed by a comprehensive tendering process.

Digital media is at the cornerstone of the Government's information society agenda. The NDRC, together with existing activities and initiatives in the digital hub district, represents the type of value-added activity that I believe will contribute to Ireland's future at the forefront of the knowledge society. It is proposed to establish the new centre towards the end of the year.

Energy Resources.

Paul McGrath

Question:

20 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources his views on the uncertainty in respect of the Arklow wind energy project; and if he will make a statement on the matter. [14527/05]

Willie Penrose

Question:

30 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the reported decision of a company (details supplied) to abandon plans to build one of the biggest offshore wind farms in Europe off the Arklow coast due to the lack of support for alternative energy; the implications of this decision for alternative energy policy; and if he will make a statement on the matter. [14398/05]

Bernard J. Durkan

Question:

174 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his views on the uncertainty in respect of the Arklow wind energy project; and if he will make a statement on the matter. [14757/05]

I propose to take Questions Nos. 20, 30 and 174 together.

Offshore wind energy is a significantly more expensive means of electricity production than onshore wind. While it is appropriate to facilitate demonstration projects to a judicious extent offshore, the fact that there is substantial unexploited potential onshore suggests that the latter should be favoured. That said, there are technical impediments, notably in the area of grid availability and access thereto, which militate against major offshore projects.

I am generally aware that further development of the Arklow project is not intended at this time. It is reasonable to assume, however, that the existing turbines will continue in operation. I have no reason to believe that the situation in regard to Arklow will jeopardise the achievement of the 2010 target for renewable energy. In reply to other questions I have said that we can finalise the new support mechanisms for alternative energy and it is therefore not correct to refer to a lack of support.

Question No. 21 answered with QuestionNo. 12.

Postal Services.

Simon Coveney

Question:

22 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources if he will consider replicating the model followed by the UK postal authorities including the recognition of a social obligation; and if he will make a statement on the matter. [14496/05]

Bernard J. Durkan

Question:

150 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he will consider replicating the model followed by the UK postal authorities including the recognition of a social obligation; and if he will make a statement on the matter. [14728/05]

I propose to take Questions Nos. 22 and 150 together.

The Government and An Post share the objective of maintaining a nationwide post office network through a strategy of maximising the volume of viable business handled by the network. There is clear Government recognition of the social benefits of maintaining the nationwide post office network and An Post development strategies for the network continue to take full account of these social benefits.

It is my understanding that additional funding for the post office network in the UK has come from two sources. The UK Government has directly funded a programme to restructure the urban network by providing grant aid for postmasters who wish to exit the post office business and investment funds for remaining operators who wish to upgrade individual post offices. In addition, historical Royal Mail surpluses, which were not transferred to Government but were invested in Government gilts have been used to subsidise the rural network. The gilt resource is finite and, therefore, this source of funding is transitional in nature and has not prevented closure of post offices.

The Irish Government has already provided funding by way of a €12.7 million equity investment in 2003 to support the modernisation of the post office network and it is not envisaged that further public funding will be provided to An Post. The best way to sustain the post office network is to gear the network to provide a range of products and services that meet consumer needs. Accordingly, the fundamental requirement for An Post is not for State aid but rather for the company to address strategic issues relating to the post office network. The challenge for the company is to develop a comprehensive strategy that satisfies the needs of existing customers while attracting new customers into the post office.

In this regard the company has had some success in winning new banking and bill paying contracts, and these services are now available at the post office counter. The network also benefits from substantial existing contracts with the Department of Social and Family Affairs for social welfare payments, and the National Treasury Management Agency for a range of Government savings products. I accept that to ensure that our post offices remain attractive to customers, any future strategy must satisfactorily address electronic technology issues in a comprehensive fashion. In the interim, An Post is implementing a pilot project to computerise ten manual post offices.

Energy Resources.

Denis Naughten

Question:

23 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources his policies in regard to energy conservation and efficiency with a view to achieving Kyoto targets; and if he will make a statement on the matter. [14515/05]

Dinny McGinley

Question:

75 Mr. McGinley asked the Minister for Communications, Marine and Natural Resources the way in which he proposes to meet the guidelines set down in the Kyoto protocols with particular reference to reduction in emissions through conversion or use of alternative energy; and if he will make a statement on the matter. [14499/05]

Bernard J. Durkan

Question:

152 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the way in which he proposes to meet the guidelines set down in the Kyoto protocols with particular reference to reduction in emissions through conversion or use of alternative energy; and if he will make a statement on the matter. [14730/05]

Bernard J. Durkan

Question:

164 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his policies in regard to energy conservation and efficiency with a view to achieving Kyoto targets; and if he will make a statement on the matter. [14745/05]

I propose to take Questions Nos. 23, 75, 152 and 164 together.

Government policy on the sustainable use of energy is directed through Sustainable Energy Ireland, SEI, which was established under the Sustainable Energy Act in 2002 as an independent non-commercial State body. SEI and its programmes are funded under the current national development plan and the economic and social infrastructure operational programme to end 2006.

SEI is responsible for focusing on the deployment of energy efficiency and conservation measures across all sectors of the economy. Its programmes include an extensive consumer information programme, a warmer homes scheme to address fuel poverty in low-income households, an industry programme to encourage better energy management and energy efficiency in the industrial sector, a public sector programme designed to produce model energy efficient buildings in the public sector and the house of tomorrow programme which provides grant aid for the building of groups of energy efficient homes.

Throughout the 1990s in Ireland, economic growth has been particularly strong, especially from 1993 onwards. This resulted in GDP in 2000 being almost double that of 1990. Analysis of statistics shows a relative decoupling of Ireland's total primary energy requirement, TPER, from economic growth, particularly since 1992. The most dramatic change in the period occurred in 2002, where GDP increased by 6.9% on the previous year, and primary energy increased only very slightly, 0.1%. In addition, energy-related carbon dioxide, CO2, emissions fell by 1.4%, showing the most notable decoupling in both energy and CO2 emissions from economic growth. This trend continued in 2003 with 3.7% increase in GDP and energy consumption remaining essentially constant and energy related CO2 emissions decreasing again by 2.1%. These successes are due to changes in the structure of the economy and to improvements in energy efficiency.

The development of alternative energy in Ireland has, to date, been supported under the alternative energy requirement, AER, programme. This programme is administered by my Department and was introduced to support an increased contribution from renewable energy technologies in electricity production in Ireland. In May 2004 a renewable energy development group was established to advise on future options on policies, targets, programmes and support measures to develop the increased use of renewable energy in the electricity market to 2010 and beyond. I have received updates on the work of the group and on 7 April last I was able to announce the outline of a future support mechanism. This revised system will move away from competitive tendering to a fixed price proposal. In addition, the support that was previously tied to contracts with the ESB will now be accepted from any licensed supplier. I also indicated that wind powered technology will remain the dominant technology in delivering this target.

The final report of the group, which will be published after the new support mechanism is finalised, will form the basis of my future policy decisions on the increased penetration of renewable energy technologies in the electricity market and will seek to ensure that developers can make a reasonable rate of return on renewable energy projects while ensuring that the interests of national competitiveness and the ultimate burden of cost to the final consumer are all fully taken into consideration.

In parallel with the work of the renewable energy development group, a number of other strategy and policy groups have examined alternative and sustainable energy sources. A bioenergy strategy group, BSG, considered the policy options and support mechanisms available to Government to stimulate increased use of biomass for energy conversion while a combined heat and power, CHP, policy group considered the most suitable and appropriate environments in which CHP can usefully be implemented in Ireland, so as to maximise energy efficiency. The work of both of these groups has inputted into the renewable energy development group.

My colleague, the Minister for the Environment, Heritage and Local Government, has lead responsibility for Government policy on meeting Ireland's target under the Kyoto Protocol. I understand that work on a review of the national climate change strategy, taking account of developments since its publication at the end of 2000, is currently in progress in his Department and will be completed in the coming months.

Telecommunications Services.

Pat Rabbitte

Question:

24 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources his views on the recommendation from ComReg that Eircom be split in two in order to improve competition in the telecommunications market; and if he will make a statement on the matter. [14402/05]

The Commission for Communications Regulation, ComReg, recently published a consultation document entitled Forward-Looking Strategic Review of the Irish Telecoms Sector. The consultation document is presented in two parts, the first looks at establishing a regulatory strategy for the telecommunications sector from 2005 to 2010 and the second part focuses on key emerging trends. It sets out a number of possible scenarios for the Irish telecoms sector, one of which includes the vertical separation of Eircom in the interest of competition.

ComReg is independent in the exercise of its functions and it would not be appropriate for me to comment in detail on this matter. However, I note that in general, ComReg is optimistic about the Irish telecoms sector. It cites high GDP per capita, low unemployment, an educated workforce and a relatively young population as key positive factors for growth in the sector.

Question No. 25 answered with QuestionNo. 12.

Brian O'Shea

Question:

26 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if he will make a statement on the pilot digital television project for the Dublin region and on his plans for the timing of the analogue television switch-off; and if his Department plans to become active in publicising the end of the analogue service and the arrival of the digital network. [14393/05]

Digital television is already available in Ireland. Both cable-MMDS operators and satellite operators provide subscription digital television services. Free to air analogue television services are provided on a terrestrial basis. Over time it is expected that analogue terrestrial services will migrate to digital terrestrial services in most countries. This migration is already happening on a significant scale in a number of European countries.

I have proposed that a digital terrestrial television pilot programme be developed in Ireland. The purpose of the pilot is to bring further momentum to the transition to digital terrestrial broadcasting and to test and trial various aspects of the service. I have asked my Department to set out how the pilot may be implemented, and to prepare appropriate processes to develop the pilot. I expect that the pilot will be developed this year and that it will become operational in 2006.

Free to air analogue terrestrial transmissions will continue for a period after the national rollout of digital terrestrial television has begun. At a certain point analogue transmissions will be turned off and the full switch-over will then be complete. While the pilot is underway, I intend to hold comprehensive discussions with all relevant stakeholders around the timing of analogue switch-off. When decisions have been taken about the nature and timing of analogue switch-off, it will be necessary to ensure that Irish viewers are fully informed of all the issues arising, such as issues around reception equipment replacement. All stakeholders will have a role in informing viewers of the likely changes.

Question No. 27 answered with QuestionNo. 6.

Harbours and Piers.

David Stanton

Question:

28 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources further to a meeting in Ballycotton with a delegation, the plans he has to support the development of the harbour in Ballycotton, County Cork; the timescale involved for the beginning and completion of this project; the resources of funding which will be made available for the development; the overall budget available for his Department for fishery harbour development in 2005; and if he will make a statement on the matter. [14478/05]

The harbour at Ballycotton is owned by Cork County Council and responsibility for its maintenance and development is a matter for the local authority in the first instance. In 2001, the council submitted a report prepared by consulting engineers on the estimated cost of the Ballycotton harbour development plan. The proposed development was estimated to cost a total of €6 million.

Cork County Council applied for funding in 2002 under the marine tourism grant scheme of the national development plan for a development including a marina at Ballycotton, County Cork. However, as the applicants had not obtained the necessary statutory permissions, their application could not be considered further. The applicants were informed of this and that they could apply for funding under a future call.

No funding was available for the grant scheme in 2003 or 2004. The findings of the mid-term review of the regional operational programmes recommended reallocation of funds to other priorities. The Ballycotton harbour development association recently submitted a summary of an updated proposed development for Ballycotton harbour to the Department. The proposed development consists of ten phases over a year and a half and is estimated to cost a total of €3.07 million. The allocation for the fishery harbours development programme is €20.55 million for 2005 and a programme for the funding of small harbours within the overall programme is under consideration at present. The fishery harbour programme involves co-funding by the local authorities and the updated proposal for development at Ballycotton would have to be submitted by the local authority. In this case Cork County Council would be required to submit its updated proposal to the Department and be prepared to contribute 25% funding to the project.

Fishing Industry Development.

Michael D. Higgins

Question:

29 Mr. M. Higgins asked the Minister for Communications, Marine and Natural Resources if his Department will make a national submission to the EU consultation on the future maritime policy of the Union recently announced by President Barroso; his views on the fisheries policy in the United Kingdom, a number of whose political parties are planning to re-examine Britain’s membership of the Common Fisheries Policy; his further views on any possible impact of this debate on the future of Ireland’s fisheries; and if he will make a statement on the matter. [14382/05]

The European Commission announced on 2 March 2005 its decision to launch a consultation process on a future maritime policy for the EU. A task force, chaired by Commissioner Borg, is to be established to prepare a consultation paper on developing an integrated strategy for Europe's seas. The publication of this document is not scheduled until the first half of 2006.

It is expected that the paper will cover a wide range of issues that are under the remit of my Department and other Departments and agencies, including transport, shipbuilding, tourism, fishing, water quality, oil and gas extraction to the conservation of species and the protection of the marine environment. When the consultation paper is available, my Department will examine the publication with other relevant bodies and contribute to the development of future policy on the areas under its remit. With regard to my views on the fisheries debate in the general election in the United Kingdom, I consider that it would be inappropriate for me to make a statement on this matter in the context of the upcoming general election. I do not, however, consider that this debate will impact on the future of Ireland's fisheries. It is a matter for ourselves, within the framework of the EU Common Fisheries Policy, to deliver a sustainable future for our fishermen and coastal communities dependent on fishing.

Question No. 30 answered with QuestionNo. 20.

Postal Services.

Simon Coveney

Question:

31 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that the EU Commission might look on a proposal to assist in the reorganisation and financing of An Post; and if he will make a statement on the matter. [14497/05]

Bernard J. Durkan

Question:

149 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that the EU Commission might look on a proposal to assist in the reorganisation and financing of An Post; and if he will make a statement on the matter. [14727/05]

I propose to take Questions Nos. 31 and 149 together.

I am aware that services of general economic interest, such as postal services, can benefit from certain financial measures only to the extent that such measures are necessary to fulfil public service obligations. This is the basis on which the Commission approved the €12.7 million equity injection to An Post in 2002, to fund a modernisation programme. There are no proposals to pay further State aid to the Company.

The Government and An Post are committed to the maintenance of a nationwide post office network and to the universal mail delivery service, which requires that mail be delivered at a uniform tariff to every address in the State. To ensure that these commitments continue to be honoured, the fundamental requirement is not for state aid but rather for An Post to address certain structural and strategic issues relating to the mail service and the post office network respectively.

In regard to mail delivery and collection, exhaustive negotiations are ongoing between unions and management, with the assistance of the State's industrial relations machinery to conclude a recovery plan that all agree is necessary. I have urged both sides to work to bring the negotiations to a successful conclusion.

Turning to the nationwide post office network, the challenge for the company is to develop a comprehensive strategy that satisfies the needs of existing customers while attracting new customers into the post office. An Post has already had some success in winning new business and continues to benefit from a considerable amount of Government business, especially in the areas of social welfare payments and savings products. To ensure that our post offices remain attractive to customers, future strategy must satisfactorily address electronic technology issues in a comprehensive fashion. In the interim, a pilot project will see ten small post offices computerised.

Gerard Murphy

Question:

32 Mr. G. Murphy asked the Minister for Communications, Marine and Natural Resources if he has come to conclusions in regard to the likely future role for An Post; and if he will make a statement on the matter. [14495/05]

Jim O'Keeffe

Question:

39 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the extent to which assessment has been carried out with a view to the determination of suitable and compatible services that might be available to An Post and the post offices; and if he will make a statement on the matter. [14486/05]

Enda Kenny

Question:

98 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources if he has had any recent discussions with An Post management or unions with particular reference to the role he envisages for the postal service and post offices in the future; and if he will make a statement on the matter. [14484/05]

Bernard J. Durkan

Question:

138 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had any recent discussions with An Post management or unions with particular reference to the role he envisages for the postal service and post offices in the future; and if he will make a statement on the matter. [14715/05]

Bernard J. Durkan

Question:

140 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which assessment has been carried out with a view to the determination of suitable and compatible services that might be available to An Post and the post offices; and if he will make a statement on the matter. [14717/05]

Bernard J. Durkan

Question:

148 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has come to conclusions in regard to the likely future role for An Post; and if he will make a statement on the matter. [14726/05]

I propose to take Questions Nos. 32, 39, 98, 138, 140 and 148 together.

There will continue to be a key national role for An Post, both in delivery of mails and as a quality service provider through its nationwide network of post office outlets. The market for traditional postal and post office services is changing globally and meeting customer needs has become more important than ever. In order to remain competitive, An Post needs to make the best possible use of its long established and trusted brand name and deploy its resources in a manner which continues to serve existing customers' needs and attracts additional customers for a range of new services.

There is agreement that change is required if the postal services of An Post are to adapt to the modern business environment and to continue to offer a top class nationwide delivery service to the customer into the future. To progress the change agenda, an exhaustive process of negotiation between An Post management and An Post trades unions, with the assistance of the State's industrial relations machinery, has been ongoing for some time. To keep up the momentum of the process and in an effort to resolve all remaining difficulties on collection and delivery arrangements, the outstanding issues are currently being dealt with in the Labour Court with a view to agreeing a way forward that will see the company placed on a secure financial footing.

With regard to the future of the post office network, this Government and the board of An Post are committed to the objective of securing a viable and sustainable nationwide post office network as set out in the programme for Government. I have met the Irish Postmasters' Union and I have listened to its views with interest. I have also emphasised to An Post management the importance of developing a long-term strategy for the network.

The challenge for the company is to develop a strategy that satisfies the needs of existing customers, while attracting new customers into the post office. An Post has already had some success in winning new business and continues to benefit from a considerable amount of Government business, especially in the areas of social welfare payments and savings products. To ensure that our post offices remain attractive to customers, future strategy must satisfactorily address electronic technology issues in a comprehensive fashion. In the interim, a pilot project will see ten small post offices computerised.

Question No. 33 answered with QuestionNo. 15.
Question No. 34 answered with QuestionNo. 6.

Fishing Industry Development.

Eamon Gilmore

Question:

35 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources his views on the current economic downturn in the Killybegs fishing industry and its serious impact on the whole south-west Donegal region, and on the major problems which were recently brought to the attention of the Oireachtas Joint Committee on Communications, Marine and Natural Resources during its recent visit to Ireland’s premier fishing port; and if he will make a statement on the matter. [14380/05]

With regard to the problems brought to the attention of the Oireachtas Joint Committee on Communications, Marine and Natural Resources during its recent visit to Ireland's premier fishing port, I have not been formally advised of these by the committee. I am, of course, fully aware of the prevailing concerns of the industry in the area.

For many years, County Donegal, and in particular the Killybegs area, has been to the forefront of the Irish fishing industry, and has been a vital source of permanent and seasonal employment opportunities in coastal communities, as well as boosting the local economy through ancillary industries. As the Deputy will be aware, the fishing industry in Europe and elsewhere is generally experiencing some difficulties at the present time in relation to a number of fish stocks. The primary challenge facing the fishing industry at the present time concerns the need for effective conservation measures to provide for the sustainable exploitation of these stocks into the future.

The industry in Donegal is, of course, significantly based on pelagic stocks. While the Irish quota for mackerel has been reduced for 2005, I secured a very substantial increase in the quota for blue whiting on top of the increase achieved for 2004. I have asked BIM to work closely with industry to develop a significant human consumption market for vessels landing blue whiting into Irish ports in order to maximise the benefits of this fishery. I am pleased that during the spring fishery a considerable volume of blue whiting has been processed for the human consumption market.

EU measures to strengthen control in pelagic fisheries introduced in 2004 as a consequence of concerns about illegal landings right across Europe remain in place. The effective implementation of these measures is critical to ensure the medium to long-term sustainability of fish stocks and to maximise the market prices for vessel owners respecting quota allocations. In this regard I have pursued some technical changes to the current control regime that take account of the particular situation of the Irish industry which I expect will be brought forward by the Commission in the near future. Quotas for demersal species in area VI, north-west coast, have been declining over more than a decade. A long-term cod recovery plan was introduced in 2004 to promote recovery of the cod stock in this area. I believe that the recovery plan allied to the industry led initiative involving the closure of codling fishing grounds off the Greencastle coast in County Donegal, which were introduced in 2003, will help rebuild this stock and will also contribute to the recovery of the whitefish stocks under pressure in this area. Notwithstanding recent difficulties in the south-west Donegal region, I am therefore confident Killybegs will maintain its pre-eminent position as Ireland's premier fishing port in the future and remain an economic lynchpin of the area.

Question No. 36 answered with QuestionNo. 19.

Mobile Telephony.

Pádraic McCormack

Question:

37 Mr. McCormack asked the Minister for Communications, Marine and Natural Resources if he has issued directions to the regulator regarding the number of likely participants in the provision of mobile phone services in the future; and if he will make a statement on the matter. [14506/05]

Bernard J. Durkan

Question:

159 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has issued directions to the regulator regarding the number of likely participants in the provision of mobile phone services in the future; and if he will make a statement on the matter. [14737/05]

I propose to take Questions Nos. 37 and 159 together.

I have no function in setting the number of likely participants in the provision of mobile phone services in the future. The regulation of telecommunications operators is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU regulatory framework for electronic communications.

As Minister for Communications, Marine and Natural Resources, I have responsibility for overall telecoms policy and my main goal in this policy is to create conditions for sustainable growth and competition that will benefit the economic and social development of Ireland and facilitate the provision of competitive services.

Fishing Fleet Development.

David Stanton

Question:

38 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources when the review of the Irish whitefish fleet and available fishing opportunities in the whitefish sector will commence; when this review will be completed; the way in which he will involve the whitefish fishing industry when his Department considers policy changes and options for change to deliver a long-term sustainable and economically viable future for the whitefish sector here; and if he will make a statement on the matter. [14543/05]

As part of the Government's commitment to set out a long-term strategy for the sustainable development of the fishing industry, as set down in the programme for Government, I recently announced that a review of fleet structure and available fishing opportunities in the whitefish sector would take place. The first part of this review will involve an independent economic assessment of the whitefish fleet to bring forward options for change in current arrangements and practices that will deliver a long-term sustainable and viable future for the sector. This will be carried out with the full involvement of the industry. The second part will involve the introduction of policy changes and management arrangements.

I will shortly invite applicants to tender for this economic assessment and I anticipate that the study will commence immediately upon the selection of the successful applicant and be completed in autumn 2005. I intend to examine the findings of the economic assessment, once submitted to me, in full consultation with all relevant stakeholders. I will then be in a position to consider what policy changes and options are needed to deliver a long-term sustainable and economically viable future for the whitefish sector.

Question No. 39 answered with QuestionNo. 32.

Electricity Generation.

Tom Hayes

Question:

40 Mr. Hayes asked the Minister for Communications, Marine and Natural Resources the position in regard to the provision of further electricity interconnectors; the timetable for same; and if he will make a statement on the matter. [14522/05]

Bernard J. Durkan

Question:

170 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the position in regard to the provision of further electricity interconnectors; the timetable for same; and if he will make a statement on the matter. [14752/05]

I propose to take Questions Nos. 40 and 170 together.

At a bilateral meeting in November 2004, Mr. Barry Gardiner, MP, the Northern Ireland Minister for Enterprise, Trade and Investment, and I endorsed plans put forward by the Commission for Energy Regulation, CER, and the Northern Ireland Authority for Energy Regulation for the construction of a second North-South electricity interconnector. The proposed interconnector will provide increased system security and reliability. It will be a positive step toward further developing competition and will facilitate the development of a fully functioning single electricity market. The two regulators and two transmission system operators, North and South, are currently discussing details of route options, ownership structures and other technical issues.

The ESB national grid and Northern Ireland Electricity will progress the additional interconnector to the point where planning permission for all the necessary line and station works is obtained. The next steps are to agree a detailed route and site selection, conduct an environmental impact assessment and prepare the planning permission application. When these steps are completed total costs for the project will be available, which will be subject to final approval by the Commission. This will inform policy decisions as to how best to progress the project to finality.

With regard to the east-west interconnector, the CER has appointed a consortium led by KPMG's corporate finance division to advise on the financial, technical, commercial and procurement aspects relating to new electricity interconnection between Ireland and Wales. Phase one of the project, to be completed before the summer, will look at procurement options, routing, capacity, ownership and operational parameters.

A decision on taking the project forward, whether on a regulated, merchant or a hybrid basis, will be taken at the end of phase one when a recommendation will be presented to me by the CER. East-west interconnection remains a fundamental part of the electricity strategy for Ireland and this project will provide increased security of supply, competition and integration of the Irish electricity market into the wider European energy market.

Decentralisation Programme.

Paul Nicholas Gogarty

Question:

41 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources the proposed extent and timetable for the decentralisation of his Department under the Government’s decentralisation programme; the number of his officials who have to date indicated an interest in relocating to offices outside Dublin; and the number of officials at each grade level in this regard. [14550/05]

The Government's decentralisation programme includes the relocation of the Department's headquarters, involving 378 posts, to Cavan; the seafood and coastal zone functions, 91 posts, to Clonakilty and the maritime safety directorate and the Irish Coast Guard, 47 posts, to Drogheda.

The decentralisation implementation group, DIG, in its report of November 2004, set out a timetable of late 2006 for facilities in Drogheda and early 2007 for completion of facilities in Clonakilty. The Department is working towards delivering on this schedule with the Department of Finance generally and with OPW on the property front. We are also progressing the relocation to Cavan on these fronts while awaiting a timetable for this location from the DIG. In addition, the Department is advancing preparations for staff transfers both internally and with other Departments.

The latest data from the central applications facility, CAF, supplied by the Public Appointments Service shows that 204 members of the Department's staff have expressed an interest in decentralising out of Dublin, of whom 59 have expressed an interest in decentralising with the Department. A breakdown by general service grades is in the table. This breakdown also indicates the level of interest from professional and technical grades.

Staff In DCMNR Expressing an Interest in Decentralisation. Latest Information from CAF — 7 September 2004

Grade

DCMNR Staff

Total

Principal

3

5

Assistant Principal

8

22

Higher Executive Officer

2

31

Administrative Officer

1

6

Executive Officer

8

33

Staff Officer

10

2

Clerical Officer

1

53

Clerk 1

0

1

Service attendant

0

1

Senior IT Specialist

0

1

Clerical Officer

0

1

Professional/Technical Total

26

48

Totals

59

204

Natural Gas Grid.

Brendan Howlin

Question:

42 Mr. Howlin asked the Minister for Communications, Marine and Natural Resources his views on the rules and procedures for full market opening of the gas market; the date by which he expects this to be achieved; and if he will make a statement on the matter. [14385/05]

EU Directive 2003/55/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas provides for the opening of the gas market on a phased basis. The directive required market opening for all non-household customers from 1 July 2004 and this was achieved on target. The prescribed date for the opening of the market for household customers is 1 July 2007 but I intend to provide for this during 2005 in conjunction with other market reforms.

Seán Ryan

Question:

43 Mr. S. Ryan asked the Minister for Communications, Marine and Natural Resources when he expects to receive the results of the review he has commissioned of safety issues arising from the plans by a company (details supplied) for the Corrib gas pipeline in north Mayo; and if he will make a statement on the matter. [14406/05]

I refer the Deputy to my reply to Parliamentary Question No. 195 of 9 March 2004, which clearly sets out the basis for my review of the quantified risk assessment, QRA, report and any associated reports or studies. I can confirm that a QRA report, version F, has been received in the Department.

A suitably qualified consultant has been appointed by my Department to review and assess these documents and report to me on all aspects and especially that of public safety. I intend to publish these reports immediately when available.

Postal Services.

Ruairí Quinn

Question:

44 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources if An Post has applied to the regulator for a 25% increase in the price of a postage stamp; his views on the application; and if he will make a statement on the matter. [14401/05]

I understand that An Post applied for a price increase to the Commission for Communications Regulation, ComReg, in May 2004. Under the European Communities postal services regulations 2002, ComReg is the designated independent body responsible for pricing policy in the postal sector with regard to the universal service segment of the postal market. I have no function in any consideration of this matter nor on the timing of any decision by ComReg.

Pat Breen

Question:

45 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources the plans he has to establish An Post on a sound financial and business footing with particular reference to the ongoing need for a modern, efficient and effective post and packaging service in keeping with modern technological advances; and if he will make a statement on the matter. [14536/05]

Bernard J. Durkan

Question:

179 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the plans he has to establish An Post on a sound financial and business footing with particular reference to the ongoing need for a modern, efficient and effective post and packaging service in keeping with modern technological advances; and if he will make a statement on the matter. [14765/05]

I propose to take Questions Nos. 45 and 179 together.

The Government and An Post are committed to the maintenance of a nationwide post office service and to the universal mail delivery service, which requires that mail be delivered at a uniform tariff to every address in the State. To ensure that these commitments continue to be honoured, it is necessary for An Post to address certain structural and strategic issues in respect of the mail service and the post office network respectively.

In regard to the mail delivery and collection, exhaustive negotiations are ongoing between unions and management, with the assistance of the State's industrial relations machinery, to agree a recovery plan that all agree is necessary. A viable plan will ensure that An Post can operate a profitable, efficient and quality mail delivery service. I have urged both management and unions to work constructively to bring this process to a successful conclusion.

Turning to the nationwide post office network, the challenge for the company is to develop a comprehensive strategy that, on the one hand, satisfies the needs of existing customers and, on the other hand, attracts new customers into the post office. An Post has already had some success in winning new business for banking and bill paying services and any new strategy must build on this success with a view to increasing footfall through the post office network.

An Post continues to benefit from a considerable amount of Government business, especially in the areas of social welfare payments and the attractive range of savings products for the National Treasury Management Agency. I am, however, conscious that further investment in electronic services is required to keep our post offices attractive to customers and, therefore, competitive. An Post is already undertaking a pilot project to computerise selected manual post offices and future strategy must satisfactorily address long-term electronic technology issues in a comprehensive fashion.

Pension Provisions.

Seymour Crawford

Question:

46 Mr. Crawford asked the Minister for Communications, Marine and Natural Resources if an examination has been undertaken in regard to pension and salary awards or increases due to the An Post workforce having particular regard to the commitments entered into in the 1983 Act which purported to protect the then civil servants who transferred to the new company; the way in which this commitment has been set aside; and if he will make a statement on the matter. [14533/05]

Save in respect of discrete pension related appeals, where the final decision rests with the Minister for Finance, I have no function in pension and salary awards and increases.

Question No. 47 answered with QuestionNo. 15.
Question No. 48 answered with QuestionNo. 9.

Broadcasting Legislation.

John Deasy

Question:

49 Mr. Deasy asked the Minister for Communications, Marine and Natural Resources his proposals in regard to the early introduction of promised legislation on broadcasting; his preferred options in this regard; and if he will make a statement on the matter. [14525/05]

Tom Hayes

Question:

93 Mr. Hayes asked the Minister for Communications, Marine and Natural Resources if he has had discussions with the various service providers in the broadcasting area in the context of future legislative proposals; and if he will make a statement on the matter. [14523/05]

Bernard J. Durkan

Question:

171 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had discussions with the various service providers in the broadcasting area in the context of future legislative proposals; and if he will make a statement on the matter. [14753/05]

Bernard J. Durkan

Question:

172 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his proposals in regard to the early introduction of promised legislation on broadcasting; his preferred options in this regard; and if he will make a statement on the matter. [14755/05]

I propose to take Questions Nos. 49, 93, 171 and 172 together.

Work is continuing on the development of legislative proposals that will form the basis of a new Broadcasting Bill. I expect I will be in a position to bring proposals to Government in the third quarter of this year, with publication of the Bill by end 2005.

The principal objectives of the legislative proposals are as follows: the establishment of a single content regulator for both private and public service broadcasters as recommended by the forum on broadcasting; the establishment of RTÉ as a commercial company under the Companies Acts 1963 to 2003; the provision of a statutory mechanism for future adjustments to the level of the television licence fee; the development of the right of reply mechanism, allowing persons whose reputation and good name have been damaged by an assertion of incorrect facts in a television or radio programme to gain redress.

Discussions with broadcasters and other interested parties on broadcasting policy matters occur on a regular basis. The views and concerns expressed in such discussions are considered in the context of the development of legislative proposals.

Alternative Energy Projects.

Bernard J. Durkan

Question:

50 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if, in view of rapidly escalating energy costs and uncertainty in regard to supply, he proposes to take special initiatives to encourage the production of wind generated electricity, biodiesel or other alternative energy sources; if he has issued policy directives in regard to the optimum role for such producers in the future; and if he will make a statement on the matter. [14483/05]

Phil Hogan

Question:

100 Mr. Hogan asked the Minister for Communications, Marine and Natural Resources the role he plans for alternative energy in the context of overall energy requirements in the future; and if he will make a statement on the matter. [14489/05]

Bernard J. Durkan

Question:

137 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if, in view of rapidly escalating energy costs and uncertainty in regard to supply, he proposes to take special initiatives to encourage the production of wind generated electricity, biodiesel or other alternative energy sources; if he has issued policy directives in regard to the optimum role for such producers in the future; and if he will make a statement on the matter. [14714/05]

Bernard J. Durkan

Question:

142 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the role he plans for alternative energy in the context of overall energy requirements in the future; and if he will make a statement on the matter. [14720/05]

I propose to take Questions Nos. 50, 100, 137 and 142 together.

My policy on electricity generated from renewable sources, of which wind is the dominant technology, in the first instance is to increase consumption from these sources to 13.2% of total consumption by 2010 as required by Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market. To ensure that this target is met, a renewable energy development group was established in May last. I have received updates on the work of the group and, on 7 April last, I was able to announce the outline of a future support mechanism.

This revised system will move away from competitive tendering to a fixed price proposal. In addition, the support which was previously tied to contracts with the ESB will now be accepted from any licensed supplier. I also indicated that wind powered technology will remain the dominant technology in delivering this target. The final report of the group, which will be published after the new support mechanism is finalised, will form the basis of my future policy decisions on the increased penetration of renewable energy technologies in the electricity market and will seek to ensure that developers can make a reasonable rate of return on renewable energy projects while ensuring that the interests of national competitiveness and the ultimate burden of cost to the final consumer are all fully taken into consideration.

In March 2004, my Department secured an amendment to the Finance Act 1999, which provides for the introduction of a pilot scheme for excise tax relief for biofuels. The European Commission has now given state aid clearance for the scheme, which was publicised on 20 April. Interested parties have been invited to apply for excise relief through a competitive call for proposals process. Under the scheme, excise relief may be granted for pilot projects producing up to 6 million litres of pure plant oil, 1 million litres of biodiesel and 1 million litres of bioethanol.

An interdepartmental group has been set up, chaired by my Department, to consider policy options for the development of a biofuels sector. As part of the group's work, a liquid biofuels strategy study was published by Sustainable Energy Ireland, SEI, in December 2004. This report provides comprehensive details on the potential for the development of a biofuels market in Ireland and options to stimulate the market.

SEI is also funding a number of biomass projects and studies through its renewable energy research development and demonstration programme. Under the programme, capital grant aid is offered for biofuels market demonstration projects in the pure plant oil, biodiesel and bioethanol categories. Funding of €250,000 has already been awarded to one company which is demonstrating the feasibility of producing and selling vegetable oil locally as a transport fuel. It is intended that further grant aid will be available under the programme for biofuel demonstration projects. It is anticipated that these initial measures will lead to market penetration of biofuels of 0.13% within two years. Further measures to increase market penetration over a longer timeframe are currently being considered.

Fishing Industry Development.

Trevor Sargent

Question:

51 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources the timeframe and budget for the first phase of the new grant aid scheme to remove excess capacity from the whitefish fleet; and the extent of capacity reductions it is hoped to achieve. [14555/05]

Details of this scheme, which forms part of the overall strategy for the sustainable development of the fishing industry as provided for in the National Development Plan 2000-2006, will be announced shortly and applications for participation will be sought over the coming weeks. It is intended that the first phase of the scheme will involve the removal of vessels from the fleet in 2005 and the early part of 2006. It is planned that the scheme will operate on the basis of a competitive tendering process and, accordingly, it is not possible to advise on the level of overall capacity reductions that may be achieved.

The budget for the decommissioning scheme under the National Development Plan 2000-2006 is €8.8 million, of which about 50% will be spent on the first phase of the scheme and the balance will be spent on the second phase, which is planned for delivery during 2006 and 2007. The terms of the second phase of the scheme may be adjusted to take account of the findings of the review of the whitefish sector, which also forms part of the overall strategy for the whitefish sector which I announced last week.

Telecommunications Services.

Liam Twomey

Question:

52 Dr. Twomey asked the Minister for Communications, Marine and Natural Resources the number of bodies or agencies with whom his Department, consultants, advisers or public relation specialists have had discussions in regard to the provision of broadband services throughout the country; the nature or outcome of such discussions; and if he will make a statement on the matter. [14537/05]

Michael Ring

Question:

69 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the number of bodies, agents or agencies with whom he or agencies under his aegis have had discussions regarding the future provision of telecommunication services, such as broadband; the outcome of such discussions; and if he will make a statement on the matter. [14517/05]

Jimmy Deenihan

Question:

95 Mr. Deenihan asked the Minister for Communications, Marine and Natural Resources the extent to which he has received representations from business and educational interests requesting urgent provision of broadband services; his plans to accede to these requests; and if he will make a statement on the matter. [14541/05]

Bernard J. Durkan

Question:

166 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the number of bodies, agents or agencies with whom he or agencies under his aegis have had discussions regarding the future provision of telecommunication services, such as broadband; the outcome of such discussions; and if he will make a statement on the matter. [14747/05]

Bernard J. Durkan

Question:

180 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the number of bodies or agencies with whom his Department, consultants, advisers or public relations specialists have had discussions in regard to the provision of broadband services throughout the country; the nature or outcome of such discussions; and if he will make a statement on the matter. [14766/05]

Bernard J. Durkan

Question:

184 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he has received representations from business and educational interests requesting urgent provision of broadband services; his plans to accede to these requests; and if he will make a statement on the matter. [14770/05]

I propose to take Questions Nos. 52, 69, 95, 166, 180 and 184 together.

The provision of broadband facilities is a matter in the first instance 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 forth. My Department's regional broadband programme is addressing the infrastructure deficit, in co-operation with the local and regional authorities. The programme is building high speed open access broadband networks in almost 120 cities and towns that will be used by the private sector companies to offer services at competitive prices.

My Department is in close contact with the local and regional authorities, in association with whom the regional broadband programme is rolling out metropolitan area networks in 120 towns and cities. An indicative €200 million is being made available from Government and ERDF funds under the national development plan for the development of suitable broadband infrastructure that will enable the provision of services in all areas by the private sector. Close and continuous contact is also maintained with the telecommunications sector, through the Telecommunications and Internet Federation, the Alternative Licensed Telecoms Operators, ALTO, and with individual service providers, regarding broadband developments. My Department and I also work closely with regional development agencies, relevant Government Departments, chambers of commerce and other sectoral interests.

Port Development.

Joe Sherlock

Question:

53 Mr. Sherlock asked the Minister for Communications, Marine and Natural Resources his views on the call from the Irish Exporters Association for him to approve Dublin Port’s expansion plans to avoid a capacity crisis at the port; and if he will make a statement on the matter. [14404/05]

The Government's ports policy statement, which I launched in January 2005, addressed, among other things, the issue of future sea port capacity requirements. When launching the ports policy statement, I indicated that one of the key challenges ahead was the timely provision of adequate in-time port capacity. As an initial step, the Department has sought information from the commercial ports which handle unit load cargo, including Dublin Port, on key projects identified by them as essential to deal with anticipated capacity deficiencies to 2014 and beyond.

As indicated in the ports policy statement, it is intended to prioritise a range of projects catering for unitised traffic at our commercial ports from an overall economic national and regional perspective, as opposed to the perceived requirements of individual ports. To that end, the Department will procure expert and independent assistance from consultants to refine the criteria to be used for project evaluation, to draw up a uniform template for submission of detailed project proposals and to subsequently evaluate and rank the projects submitted as a basis for the Department's recommendation to Government.

Dublin Port Company applied in March 2002 for ministerial consent for the reclamation of 21 hectares of foreshore in Dublin Bay. The proposed development will also require planning permission and Dublin Port Company has repeatedly been advised that it is more appropriate that the necessary consent under the planning process be obtained before the foreshore aspect is dealt with. This is in accordance with normal practice where a development wholly or partly on the foreshore requires planning permission. Dublin City Council, which is the appropriate planning authority for the area, has been advised that there is no ministerial objection to the making of a planning application for the proposed development.

Natural Gas Grid.

Damien English

Question:

54 Mr. English asked the Minister for Communications, Marine and Natural Resources the position in regard to the availability of gas interconnectors; and if he will make a statement on the matter. [14519/05]

Bernard J. Durkan

Question:

168 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the position in regard to the availability of gas interconnectors; and if he will make a statement on the matter. [14749/05]

I propose to take Questions Nos. 54 and 168 together.

In recent times, Ireland has developed a high standard of security of gas supply, through robust interconnection with the UK, to ensure sufficient importation capacity from external sources. We now have two gas interconnectors, with the second ensuring security of gas supply to 2025 and beyond. Ireland's security of supply status is on par with countries such as France, Italy, Sweden and Denmark, all of whom have duplicated sub-sea pipelines to ensure the availability of alternative routes of natural gas supply. In addition, Northern Ireland has a separate line to Scotland and by the end of 2006 the South-North interconnector will link the two systems.

Under section 19 of the Gas (Interim) (Regulation) Act 2002, the Commission for Energy Regulation, CER, is required to prepare and publish an annual forecast of capacity, flows and customer demand on Ireland's natural gas system over a seven year period. The most recent capacity statement was published on 12 November 2004 and includes a range of possible demand scenarios that may be expected to arise over the coming years. The scenarios incorporate various levels of demand, based on forecasts for the domestic, industrial and commercial and power generation sectors, while also considering potential timeframes for new indigenous supply.

The current gas capacity statement indicates that our infrastructure is sufficiently robust to cater for the majority of scenarios modelled. Only in the case of the highest demand forecast, in tandem with delays to the coming on stream of indigenous supply sources, would reinforcements to the infrastructure be envisaged within the period of this forecast.

Ireland continues to monitor developments in the UK market closely and this will inform the further development of security of supply policy. The Kinsale field continues to provide Ireland with an indigenous supply of gas and with potential supplies coming from the Corrib and Seven Heads fields, Ireland's import demands may be reduced in the coming years. My Department continues to monitor the supply situation.

Departmental Expenditure.

Pat Rabbitte

Question:

55 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources if the Government intends to write off €53 million in debt run up over 20 years arising from the failed bail-out of a company (details supplied); the steps which had been taken to recover this debt; and if he will make a statement on the matter. [14403/05]

Bula Limited was formed in 1971 to acquire and develop certain minerals at Nevinstown, near Navan, County Meath. On foot of an agreement in July 1974 between Bula and the then Minister, former Deputy Justin Keating, the State acquired a 49% shareholding in the company but, because of the conditions of this agreement, the State's voting rights only amounted to 28%.

For a variety of reasons, by the early 1980s the deposit had not been brought into production. This has been aired in the long running High Court and Supreme Court hearings of the case brought by directors of the company against Tara Mines Limited, the State and others. During all this time Bula was incurring expenses and running up increasing interest charges on its substantial bank debts, which were secured by a first charge against the assets of the company. The State advanced loans to Bula Limited between 1983 and 1986 amounting to £0.96 million or €1.2 million to cover current interest due to three banks on the company's senior debt, so as to provide breathing space to allow for the consideration of proposals for the future of the company, none of which was successful. No repayment of these loans has been made. Neither has any interest payment been made.

On 9 October 1985, the High Court appointed a receiver on application by the banks. The Bula assets were then offered for sale but this became embroiled in a series of court actions which prevented the sale from proceeding until 2001, when the receiver announced that he had reached agreement on the sale for a total of €34.9 million or £27. 5 million. This was not sufficient to repay all of the moneys outstanding to the banks. Expert advice obtained by my Department was that a sale price in excess of €55 million would have to have been achieved from the disposal of the company's assets by the receiver before any surplus would have been available to repay any part of the advances pro rata with other unsecured creditors. The surplus would have had to exceed €205 million before any funds would have been available to distribute to shareholders. Bula Limited continues to exist as a corporate entity but has no known assets and is not trading.

Once the receiver had been appointed nothing further could be done. During the course of the High Court action, several attempts were made to reach a settlement which might have resulted in the State getting at least some of the money back but these were all rejected by the plaintiffs. Given the nature of the advances and the circumstances in which they were made, it would not have been possible to convert them to a ranking higher than senior debt. The creation of charges and the taking of security follow a strict ranking system which is legally binding.

Since it was clear that the sale price for the asset would greatly exceed the total secured debt, it was considered that there would be no point in incurring further nugatory expense in taking legal action to attempt to recover unsecured debts. Similarly, it would have been pointless to take any security that was subordinated to the bank debts.

To reflect the true position, the relevant amounts are being written off and disclosed to the Oireachtas by means of notes to the 2004 Appropriation Account. This has no implications for voted expenditure in 2004 or any other year.

Question No. 56 answered with QuestionNo. 6.

Telecommunications Services.

Paul Kehoe

Question:

57 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources if his Department or the regulator has had discussions with a company (details supplied) with reference to encouragement of competition and provision of extra services in the telecoms sector; and if he will make a statement on the matter. [14528/05]

Paul Connaughton

Question:

81 Mr. Connaughton asked the Minister for Communications, Marine and Natural Resources if he has had discussions with representatives of Eircom or other telecom companies with a view to future policy in the area of mobile phone services; and if he will make a statement on the matter. [14505/05]

Damien English

Question:

92 Mr. English asked the Minister for Communications, Marine and Natural Resources the number of bodies, agents or agencies with whom he or agencies under his aegis have had discussions with regard to the future provision of telecommunications services, such as state of the art mobile phone technology; the outcome of such discussions; and if he will make a statement on the matter. [14520/05]

Bernard J. Durkan

Question:

158 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had discussions with representatives of Eircom or other telecom companies with a view to future policy in the area of mobile phone services; and if he will make a statement on the matter. [14736/05]

Bernard J. Durkan

Question:

169 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the number of bodies, agents or agencies with whom he or agencies under his aegis have had discussions with regard to the future provision of telecommunications services, such as state of the art mobile phone technology; the outcome of such discussions; and if he will make a statement on the matter. [14750/05]

Bernard J. Durkan

Question:

175 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if his Department or the regulator has had discussions with a company (details supplied) with reference to encouragement of competition and provision of extra services in the telecoms sector; and if he will make a statement on the matter. [14758/05]

I propose to take Questions Nos. 57, 81, 92, 158, 169 and 175 together.

As Minister for Communications, Marine and Natural Resources, I have responsibility for overall telecoms policy, and my main goal in this policy is to create conditions for sustainable growth and competition that will benefit the economic and social development of Ireland and facilitate competitive services.

It is my belief that improving the market conditions to enhance competition is the best way to drive down mobile phone charges to the end user. The more competitive telecoms services that are on offer, the better in the long run for consumers, the sector and the economy.

My officials and I regularly meet representatives from the industry on an ongoing basis to exchange views. These meetings can cover the full range of telecoms issues, including the mobile phone sector. I can confirm that I have met representatives from Energis, Eircom, Esat and Vodafone as well as other interested parties and organisations. Meetings between the Commission for Communications Regulation, ComReg, and the telecoms sector are a matter for that organisation.

The regulation of telecommunications operators, including the mobile phone operators, is the responsibility of ComReg in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU Regulatory Framework for Electronic Communications.

Question No. 58 answered with QuestionNo. 12.

Fishing Vessel Licences.

John Perry

Question:

59 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that an angling charter commitment by the British Prime Minister will press the Irish Government to buy out drift net licences; if he will activate pressure both direct from Britain and through the EU; if his attention has further been drawn to a significant decline of anglers visiting Ireland over the past few years; and if he will make a statement on the matter. [14482/05]

The commitments given by the British Labour Party in its charter for angling have been brought to my attention. This Government has consistently ruled out buy-out as an effective means of achieving the restoration of salmon stocks and considers that its management of the Irish home water commercial salmon fishery, which limits the commercial salmon fishing season, confines it to within the six mile limit and restricts the number of fish being caught, are the best instruments available to achieve this objective. Since my appointment as Minister of State with responsibility for the marine, I have not received any communication from the British Government regarding the management of the Irish wild salmon fishery.

With regard to the Deputy's comments about the decline in tourism angling, I wish to refer to my previous reply to Parliamentary Question No. 68 on 8 February 2005 in this matter. In that reply, I advised the House that according to the Fáilte Ireland data, there were 83,000 visits to Ireland in 2003, where those visits were determined by angling. This compares with 56,000 in 2002 and 95,000 in 2001.

I also advised the House that the latest wild salmon statistics for catch by rod and line provided to me by the Central Fisheries Board relate to 2003 and indicated that the number of salmon and sea trout caught over the period 2001 to 2003 by anglers had increased by 18% from 27,184 in 2001 to 30,872 in 2002 and 32,017 in 2003. I must now advise the House however, that subsequent to this reply, I was informed by the chief executive officer on 9 March 2005 that errors had been discovered in the calculations used by the Central Fisheries Board to collate these statistics and that, as a result, the number of salmon and sea trout caught by anglers in 2003 was 21,885.

The central and regional fisheries boards devote considerable effort and resources, in collaboration with Tourism Ireland, to the promotion of angling abroad. I am advised however, that the overall decline in angling tourism is not unique to Ireland but reflects a trend widespread in Europe. The report of the tourism policy review group to the Minister for Arts, Sport and Tourism in September 2003 observes a decline in activity holidays that is not confined to angling but includes cycling and hill walking also.

Maritime Industry.

Emmet Stagg

Question:

60 Mr. Stagg asked the Minister for Communications, Marine and Natural Resources if he will make a statement on developments in the Irish Register of Shipping during 2004 and to date in 2005, outlining the monthly additions and deletions to the register during the period; if he will report on the overall work of the Irish maritime development office; and if he will make a statement on the matter. [14445/05]

The following tables outline developments in the register of Irish ships under the Mercantile Marine Act 1955, in accordance with details supplied to the Mercantile Marine Office during 2004 and to date in 2005:

Year

Month

New Vessels

Cancelled Vessels

2004

January

7

0

February

16

1

March

6

3

April

11

4

May

11

2

June

13

4

July

8

3

August

8

8

September

9

12

October

7

4

November

13

6

December

5

8

Total

114

55

Comprising:

Fishing

48

38

Pleasure

46

4

Commercial

20

13

2005

January

5

6

February

7

5

March

5

8

Total

17

19

Comprising:

Fishing

5

12

Pleasure

9

2

Commercial

3

5

The Irish maritime development office, IMDO, was established in 1999 and is a division within the Marine Institute. The office has a current complement of five core operational staff, made up of three permanent posts and two contract staff.

The shipping services sector is the largest employer of all maritime related industries in Ireland. It directly employs in excess of 8,150 people. It is estimated that the sector contributed €1.35 billion to the Irish economy in 2004.

The following are some of the key services provided by the IMDO to industry and the Department: expert policy advice to the Department on all commercial shipping and maritime economic policy issues and developments; main focal point for Irish shipping services providing daily support and advice to the industry; promoting Ireland as a maritime business centre, seeking foreign inward investment projects; organising and supporting industry workshops and seminars; promoting the development of maritime education in Ireland.

Alternative Energy Projects.

Breeda Moynihan-Cronin

Question:

61 Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Resources if he has plans to make representations to the Government and Department of Finance in regard to measures to encourage the use of biomass fuelled heating systems; if he intends to publish a consultation or green paper on biomass energy; and if he will make a statement on the matter. [14391/05]

Eamon Ryan

Question:

64 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the measures he intends to introduce to promote the use of wood chip and wood pellet solid fuel heating boilers and small scale wood fuel electricity generating systems; and if he will consider providing capital grants for such technology as in the UK. [14545/05]

I propose to take Questions Nos. 61 and 64 together.

My Department, in association with Sustainable Energy Ireland, SEI, set up a bioenergy strategy group, BSG, in December 2003. The primary objective of the group is to consider the policy options and support mechanisms available to Government to stimulate increased use of biomass for energy conversion, and to make specific recommendations for action to increase the penetration of biomass energy in Ireland. Membership of the BSG comprised representatives of various Departments as well as State agencies in the agriculture and energy sectors and industry representatives.

Ireland has an excellent growing climate and an ongoing supply of raw material for wood fuel. Wood residues are already being used to produce heat for sawmills across the country and the wood energy market is poised for growth, with a number of commercial start-ups and a supply chain emerging. Wood residues can be broken down into four categories; pulpwood residues, sawmill residues, forest residues and recycled wood. The wood for energy sector divides into direct biomass — the trees themselves; indirect biomass — processing by-products and residues, and post-consumer recovered wood. There is good potential for the development of production of energy from biomass in Ireland.

I am aware that growth in the Irish forestry sector has created a strong supply of wood and wood residues into the coming decades, for which there is finite demand in existing markets. This represents a particular opportunity for bioenergy development based on wood products.

In tandem with the BSG, the Department launched a consultation process on future development of renewable energy generally in Ireland. Following on this consultation process, and to ensure future development of our renewable resources, including biomass resources, the renewable energy development group was established on 6 May 2004. The group is chaired by my Department and comprises relevant experts from the administrative, industry and scientific sector, including the Commission for Energy Regulation, CER, Sustainable Energy Ireland, SEI, ESB National Grid and the Economic and Social Research Institute, ESRI, amongst others.

The bioenergy strategy group is currently inputting into the renewable energy development group, which is at the end of its current work phase. The BSG findings will contain a road map for the development of biomass energy, including wood energy, with the identification of staged, achievable targets and recommendations for future action. The small scale wood energy market, whether fuelled by wood pellets or wood chips offers potential for growing bioenergy deployment in Ireland, and the BSG will be making specific recommendations in this regard. My Department is aware that the UK is providing capital grants for such technology. Such a scheme would have financial implications and would only be considered in a budgetary context.

The report of the renewable energy development group is expected shortly and will form the basis of my future policy decisions on the increased penetration of renewable energy technologies, including biomass, in the electricity market. On 7 April last I was able to announce the outline of a future support mechanism. This revised system will move away from competitive tendering to a fixed price proposal.

Public Sector Broadcasting.

Paul McGrath

Question:

62 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the views of the European Commission in regard to broadcasting here; his views on same; and if he will make a statement on the matter. [14526/05]

Paul Nicholas Gogarty

Question:

63 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources if his Department has replied to the Commission regarding the need for transparency on the allocation of State funding to RTE and TG4 for public service broadcasting purposes; if so, the substance of that reply; and if he will make a statement on the matter. [14551/05]

Bernard J. Durkan

Question:

173 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the views of the European Commission in regard to broadcasting here; his views on same; and if he will make a statement on the matter. [14756/05]

I propose to take Questions Nos. 62, 63 and 173 together.

I assume that the Deputies are referring to the EU Commission's investigation into the funding of RTE. As the Deputies may be aware this investigation arose in the context of a formal complaint by TV3, made originally in 1999, alleging infringements of Articles 92-94 of the EC Treaty relating to, among other things, the payment of licence fee revenue and direct grants to RTE. This is one of a number of complaints made by commercial television operators across the European Union against the funding arrangements in various member states for public service broadcasters.

Following a period of investigation, the EU Commission forwarded an Article 17 letter to the Irish authorities on 3 March 2003 setting out its preliminary views. The letter included a number of recommendations which the Commission considers must be implemented before the funding scheme for RTE can be considered as compatible with the relevant provisions of the EC Treaty, including recommendations relating to the implementation of the transparency directive.

The recommendations proposed by the Commission are of a detailed legal and regulatory nature which I am carefully considering. However, it should be noted that the views of the Commission set out in the Article 17 letter are preliminary in nature and should not be considered as the final decision of the Commission in relation to the complaint. The outcome of the Article 17 process is subject to ongoing informal and formal contacts and is a matter of negotiation between the Irish authorities and the European Commission. Accordingly, it would be inappropriate for me to make any detailed comments on the contents of the letter.

Under Article 17(2) of Council Regulation (EC) No 659/1999 laying down rules for the application of Article 93 of the EC Treaty, Ireland had one month to respond to the Commission's preliminary view. However, in accordance with that article, Ireland applied for an extension of the time limit and the EU Commission has recently confirmed that Ireland has until 26 May to respond. At this stage I am confident that Ireland will be able to achieve a satisfactory outcome.

Question No. 64 answered with QuestionNo. 61.

Broadcasting Fund.

Jan O'Sullivan

Question:

65 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources his views on the reported reaction of the management of a company (details supplied) to the new broadcasting fund; and if he will make a statement on the matter. [14394/05]

The draft broadcasting funding scheme was prepared by the Broadcasting Commission of Ireland in accordance with the provisions of the Broadcasting (Funding) Act 2003. In regard to television programmes, the Act provides that it is open to all broadcasters and independent producers to apply for funding provided that the programmes will be made available to at least 90% of the population of the State on a free-to-air basis or will be distributed on cable or MMDS systems under a community content contract.

The purpose of the scheme is to ensure greater access for Irish audiences to quality programmes that reflect Irish culture, heritage and experience, in both the English and Irish languages, at national and local level. It is intended that such programming will be additional and complementary to the programme schedules already available to those audiences on a free-to-air basis. It is not an objective of the scheme to provide additional funding for individual broadcasters. While broadcasters may benefit from the scheme, the scheme is not for broadcasters but for audiences.

The draft scheme has been formally notified to the EU Commission to ensure its compatibility with EU State aid and competition rules. The outcome of the EU Commission's deliberations is awaited.

Question No. 66 answered with QuestionNo. 12.

Broadcasting Legislation.

John Gormley

Question:

67 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the progress which has been made in the review of the television without frontiers directive with regard to allowing national Governments to regulate the advertising content on satellite stations directed into their countries from another member state. [14553/05]

I refer the Deputy to my reply to Question No. 111 of 3 February 2005 from Deputy Durkan in which I stated that the EU Commission's review of the television without frontiers directive is ongoing. The Commission has indicated that it might bring forward proposals in regard to a possible revision of the directive towards the end of this year.

Fisheries Protection.

Eamon Ryan

Question:

68 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the measures he intends to introduce to stop the overfishing of fishing quotas and the landing of illegal so-called black fish. [14544/05]

The Common Fisheries Policy, CFP, contains provisions for member states to take the inspection and enforcement measures necessary to ensure compliance with its rules, including those relating to fishing within the quotas allocated to them. Following the review of the CFP in December 2002, a new framework regulation was adopted which provides for a strengthened control and enforcement system to ensure effective implementation of the CFP, including the extension of the use of vessel monitoring systems, VMSs, and strengthened powers for enforcement officers.

The new Common Fisheries Policy also contains a heightened emphasis on the need to conserve fish stocks and includes, in particular, provisions for the recovery of fish stocks such as cod, which are considered to be outside safe biological limits. The regulations governing recovery plans provide for a strengthened control regime to ensure the effective implementation of such measures. Long-term stock recovery plans have been introduced for a number of stocks of importance to Ireland. These are Irish sea cod, northern hake and cod in the west of Scotland.

In so far as adherence to the various EU regulations is concerned, the CFP contains provisions for member states to take the inspection and enforcement measures necessary to ensure compliance with its rules. It also provides for member states to follow up on infringements and to impose sanctions where appropriate. The challenge of achieving effective control and enforcement of fisheries rules is ongoing and requires close collaboration and co-operation between member states. The establishment of a new control agency, which was agreed at the March Fisheries Council, will deliver increased co-ordination in control activity across the member states. This will address the perceived lack of a level playing field across the Community and associated mistrust and suspicion between the fishing industries of different member states.

Effective enforcement of conservation rules is a priority for all member states and each has a clear responsibility to monitor and control fishing activity within its jurisdiction. At national level, the fishery protection resources, including the services of the Naval Service and the Air Corps monitor fish catches both at sea and in the ports. The resources are deployed in order to deliver the maximum level of protection for fisheries around our coast.

The Department has recognised the need to augment its seafood control resources so as to strengthen the national control effort and is seeking to finalise arrangements with the Department of Finance on a case put for the necessary additional resources.

Question No. 69 answered with QuestionNo. 52.

Semi-State Bodies.

Willie Penrose

Question:

70 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources the Government’s proposals for the future role and development of Bord na Móna; and if he will make a statement on the matter. [14408/05]

Bord na Móna plc recently presented its group strategy document and five-year corporate plan for 2004-05 to 2008-09. These documents outline the company's proposals to deal with increasing commercial and environmental pressures, and its diversification beyond peat-based products into new sectors including alternative energy, environmental projects and waste management. I subsequently discussed these proposals with the chairman and the board at a meeting on 5 April 2005. Arising from this meeting, Bord na Móna plc is to provide additional information. I hope to be in a position to revert to the company relatively quickly thereafter.

EU Directives.

Ciarán Cuffe

Question:

71 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources if his Department has a section or unit dedicated to the implementation or enforcement of EU directives; and the details of outstanding complaints from the EU Commission regarding non-compliance with current directives under the areas of his responsibility. [14549/05]

Responsibility for EU directives lies with the relevant divisions of my Department with the support of a central EU unit. Details of outstanding complaints from the EU Commission regarding non-compliance with current directives are set out in the following table.

Name of directive

Details

Stage in proceedings

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment

Alleged failure to subject a fish farm project to an environmental impact assessment within a proposed Natura 2000 site, Kenmare Bay

Reasoned opinion has been issued by the Commission

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

Aquaculture operation, Seastream Ltd, at Clew Bay in a SPA

Letter of formal notice opinion has been issued by the Commission

Council Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the Internal Market in natural gas and repealing Directive 98/30/EC

Alleged failure to notify measures for the transposition of directive

Reasoned opinion has been issued by the Commission

Council Directive 2000/59 of the European Parliament and of the Council on Port Reception Facilities for Ship-Generated Waste and Cargo Residues

Alleged failure to fulfil obligations under Directive 2000/59/EC

Letter of formal notice has been issued by the Commission

Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters

EU requirement to adopt programmes for all designated shellfish waters in accordance with Article 5 of Council Directive 79/923/EEC not fulfilled.

European Court Of Justice Judgement, case C-67/02

Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters

Alleged failure to designate all required shellfish waters and associated measures.

Application lodged by Commission to commence proceedings

Council Directive 93/36/EEC of 14 June 1993 co-ordinating procedures for the award of public supply contracts

Alleged failure to fulfil obligations under Directive 93/36/EEC in respect of a complaint regarding procurement of portable and personal computers

Letter of formal notice has been issued by the Commission

Question No. 72 answered with QuestionNo. 12.

Mobile Telephony.

Olwyn Enright

Question:

73 Ms Enright asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the activities of the promoters of child pornography through the mobile telephone service; if action is anticipated directly or through the regulator; and if he will make a statement on the matter. [14508/05]

Bernard J. Durkan

Question:

161 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the activities of the promoters of child pornography through the mobile telephone service; if action is anticipated directly or through the regulator; and if he will make a statement on the matter. [14739/05]

I propose to take Questions Nos. 73 and 161 together.

I refer the Deputies to my reply to Parliamentary Questions Nos. 141 and 305 on 8 February 2005.

Fisheries Protection.

Eamon Gilmore

Question:

74 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources if he will report on the appointment of the new National Salmon Commission and on the reason he did not announce a total allowable catch for salmon in 2005, which was fully aligned with the scientific advice in view of the strong pleas made during his recent consultation with the Joint Committee on Communications, Marine and Natural Resources; and if he will make a statement on the matter. [14381/05]

The term of office for the outgoing National Salmon Commission ended on 25 March 2005. Recognising that changes may have occurred in the representative nature of organisations in the sector, I recently invited all interested organisations and bodies to notify me of their credentials and suitability for inclusion on the prescribed list from which the membership of the Nation Salmon Commission can be drawn. I am considering the notifications received with a view to determining the need to amend the National Salmon Commission (Establishment) Order 2000, which specifies the prescribed bodies and organisations that can make up the membership of the commission. I will subsequently seek formal nominations for the membership of the new commission.

I signed the Wild Salmon and Sea Trout Tagging Scheme Regulations 2005, SI 204 of 2005, into law on 21 April 2005. In making my decision to set the national total allowable catch, TAC, for salmon for the 2005 season at 139,900 fish as recommended by the National Salmon Commission, I considered and weighed all the serious objections received by the Department during the statutory consultation period and the views expressed at the hearings of the Oireachtas committee. My adoption of the advice of the commission is consistent with the approach adopted by my predecessors.

Since 2002, the Government has implemented a strategy to ensure, through progressive reductions in the commercial salmon catch, that the conservation limits recommended by the National Salmon Commission are reached. This policy of promoting the application of quotas on commercial fishing and bag limits on angling has delivered significant overall catch reductions aimed at achieving the Government's prime objective of restoration of salmon stocks.

In setting the TAC at 139,900 fish, I recognise strong concerns have been expressed over the divergence in the advice available to me this year from the National Salmon Commission and that of its standing scientific committee. However, the basis of the scientific advice changed this year and the adoption of this shift would have meant an additional cut of over 30% on the actual TAC in 2005. This would have placed an unreasonable burden on the coastal fishing communities that depend on the salmon resource for their livelihoods.

I will ask the new National Salmon Commission to progress, as an immediate priority of national policy, the specific recommendation made by the outgoing commission to align the exploitation of salmon on the scientific advice by 2007. In particular, I will ask the new commission to advise me as to how best these recommendations can be implemented, bearing in mind the primary requirement to ensure the future biological viability of the salmon resource in all catchments and also the needs of all stakeholders, including those who derive their living from the wild salmon resource.

Question No. 75 answered with QuestionNo. 23.

Aquaculture Industry.

Joe Costello

Question:

76 Mr. Costello asked the Minister for Communications, Marine and Natural Resources if he will address the serious issues raised repeatedly with him by an association (details supplied) regarding the protection of the Lough Swilly native oyster fishery; and if he will make a statement on the matter. [14379/05]

The association referred to by the Deputy raised concerns some years ago that parts of areas in respect of which aquaculture licences for the bottom cultivation of mussels had been granted in Lough Swilly overlapped with oyster beds in the lough. Arising from these concerns, a comprehensive survey of the wild oyster beds in the lough was carried out, in conjunction with the association concerned and other wild fisheries interests. The results of the survey indicated there was a minor degree of overlap between oyster beds and the sites licensed for mussel cultivation.

In light of these results, and following consultation with the persons to whom the aquaculture licences in question had been granted, arrangements were made to have the mussel seed removed from the areas of overlap. Any oysters retrieved during this process were re-laid. More recently, the association expressed concern about the possible effects of dredging activity on the lough's oyster beds. The advice to the Department at that juncture was that there was no evidence of any such activity that would be harmful to the oyster beds.

An application from the association for an aquaculture licence for oyster cultivation in the lough is on hand in the Department. Consideration of this application will be brought to finality as soon as possible, and, to that end, the Department will shortly arrange a meeting with representatives of the association at which issues of interest or concern to them can be addressed.

Postal Services.

Michael D. Higgins

Question:

77 Mr. M. Higgins asked the Minister for Communications, Marine and Natural Resources when it is intended to re-enter the Postal (Miscellaneous Provisions) Bill 2001 on the Order Paper of Dáil Éireann; and if he will make a statement on the matter. [14383/05]

The Postal (Miscellaneous Provisions) Bill that was published in 2001 provided for the issue, sale and disposal of shares in An Post in the context of an employee share ownership plan, ESOP, and possible strategic alliance. The Bill also contained ancillary provisions arising out of a possible change of ownership.

The financial and industrial relations environment in An Post has changed substantially since 2001. The company has experienced significant losses that have led to the adoption of a recovery strategy by the board. The implementation of the recovery strategy is contingent on agreement with the trade unions on restructuring. Negotiations have been ongoing with the trade unions for over a year now and critical aspects are being considered by the Labour Court. With the financial and industrial relations situation in An Post at a delicate and critical stage, it is appropriate to defer consideration of the issues provided for in the Bill until these matters are resolved. For this reason, a decision has been made, in conjunction with the Chief Whip, to withdraw the Bill from the Dáil Order Paper. The motion was passed in the Dáil in March this year.

The Government and I remain fully committed to an ESOP in An Post if it can be demonstrated that real business transformation can occur in the context of the recovery strategy. If and when this is achieved, the legislative agenda can be revisited.

Post Office Network.

Gerard Murphy

Question:

78 Mr. G. Murphy asked the Minister for Communications, Marine and Natural Resources if he will encourage, authorise or direct the computerisation of all post offices which are as yet not on line; and if he will make a statement on the matter. [14494/05]

Bernard J. Durkan

Question:

147 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he will encourage, authorise or direct the computerisation of all post offices which are as yet not on line; and if he will make a statement on the matter. [14725/05]

I propose to take Questions Nos. 78 and 147 together.

The primary responsibility for the development of the post office network rests with An Post. The automation of the network was completed in 1997 and it had only been in very exceptional circumstances — such as an existing automated office closing and its equipment being transferred to a suitable neighbouring location which transacts significant volumes of welfare business — that further offices have been automated since then. To ensure that our post offices remain competitive and attractive to customers, I am convinced that An Post's long-term strategy must satisfactorily address electronic technology issues in a comprehensive fashion. I have asked the management to develop such a strategy and in the interim, a pilot project will see ten small post offices computerised.

Energy Resources.

Fergus O'Dowd

Question:

79 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources his views on the assertion by Greenpeace International contained in the Report Offshore Wind — Implementing a New Power House for Europe, that offshore wind energy could supply 10% of Europe’s energy by 2020; and if he will make a statement on the matter. [11053/05]

The study, referred to by the Deputy concludes that offshore wind energy could supply 10% of Europe's electricity requirement by 2010. I am not in a position to comment specifically on this assertion. A similar type study of the offshore wind potential of the island of Ireland, Assessment of Offshore Wind Energy Resources, was commissioned jointly by my Department and the Department of Enterprise, Trade and Investment in Northern Ireland and published in the year 2000. This latter report concludes that the practical offshore resource of the island of Ireland is capable of producing between 14% and 32% of current electricity demand on the island depending on the underlying assumptions applied.

However, offshore wind energy projects operate from a significantly higher cost base than the onshore equivalent. In Ireland we are fortunate to have ample proposals to develop onshore wind powered electricity generating projects to match the current technical limits the electricity network can accommodate while maintaining a stable electricity system. Notwithstanding the competitive advantage of onshore sites my Department has offered support to two offshore wind powered projects not exceeding 25 MW each to evaluate the potential of the technology.

I will continue to monitor developments in offshore wind powered technology internationally and in the proposed demonstrations projects in Ireland. If there are significant breakthroughs in the economies of offshore production or new developments to resolve limits imposed on wind powered stations in order to maintain system stability the current programme which places emphasis on the onshore option will be reviewed.

Dinny McGinley

Question:

80 Mr. McGinley asked the Minister for Communications, Marine and Natural Resources the full extent of energy production here through the use of fossil fuels, alternatives; and the direction he advises for the future; and if he will make a statement on the matter. [14498/05]

Gay Mitchell

Question:

101 Mr. G. Mitchell asked the Minister for Communications, Marine and Natural Resources the extent to which he expects electricity to be generated in the future under each heading, through conventional or alternative means; and if he will make a statement on the matter. [14503/05]

Bernard J. Durkan

Question:

151 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the full extent of energy production here through the use of fossil fuels, alternatives; and the direction he advises for the future; and if he will make a statement on the matter. [14729/05]

Bernard J. Durkan

Question:

156 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he expects electricity to be generated in the future under each heading through conventional or alternative means; and if he will make a statement on the matter. [14734/05]

I propose to take Questions Nos. 80, 101, 151 and 156 together.

The most recent figures available to me regarding energy production, that is, electricity generation, relate to 2003 and were contained in my reply to Question No. 127 of Tuesday 8 February 2005 and is set out as follows:

%

Coal

26.51

Peat

10.36

Oil

11.88

Gas

47.08

Hydro

1.02

Wind

0.78

Landfill Gas

0.33

Bio Gas

0.04

Imports

2.00

Source: Sustainable Energy Ireland

It is not possible at present to predict what the precise proportions for each fuel type will be in the future. This will be influenced by factors such as the growth in electricity demand year on year, the fuels used for new electricity generating stations, the penetration of renewable energy, investment decisions by new entrants into electricity generation and the development of the electricity market as a whole in an all-island context.

However, the Government continues to be committed to the maintenance of a balanced fuels policy in the interest of security of supply and has made important steps to ensure that the balance is maintained for the future. Fuel mix is an important component in security of supply. Ireland has relatively little by way of indigenous fossil fuel resources and is dependent on imports for about 80% of fuel for electricity generation. The coming on stream of the Corrib gas field will change this dynamic but without future gas discoveries the change is not likely to be significant in the long-term.

The Irish electricity market is small in comparison to other EU member states, bigger only than Luxembourg, and does not have access to substantial hydro or nuclear power to balance against fossil fuel imports. The distance from fuel supply sources brings higher transportation costs and the lack of widespread interconnection limits access to other competitive markets. These features emphasise the importance of fuel mix in our energy policy and the choices we make in terms of the development of the energy market.

In the area of fossil fuels, the decision to invest in upgrading Moneypoint generating station with cleaner technology will ensure that coal remains in the fuel mix for the foreseeable future. The construction of two new peat-fired generating stations — Lough Ree and West Offaly Power — in addition to Edenderry Power ensures that approximately 370 MW of peat generation remains in the fuel mix as an indigenous resource. This will result in a cleaner and more efficient use of peat.

Natural Gas has been the fuel of choice for new private generation and our growing dependence on it will need to be carefully monitored going forward. As western economies grow more dependent on imported piped gas, other gas options such as liquefied natural gas, LNG, storage will need to be considered as a means of diversifying our access to sources of gas. There does not appear to be any market appetite for building new oil-fired stations on both economic and environmental grounds.

The approach to electricity generated from renewable sources, of which wind is the dominant technology, is to increase consumption from these sources to a minimum of 13.2% by 2010 in line with EU requirements. In order to ensure that this target is met, a renewable energy development group was established in May last year. I have already announced that future support for renewable energy will be on the basis of a fixed price as opposed to the rounds of competitive tendering in the past. I expect that wind generation will remain the dominant technology in the short term in delivering this target.

The final report of the group, which will be published after the new support mechanism is finalised, will form the basis for future policy decisions on the increased penetration of renewable energy technologies in the electricity market. While further development of renewable energy is desirable it is necessary to achieve a balance with the interests of national competitiveness and the ultimate burden of cost to the final consumer.

Biofuels are an alternative renewable fuel source for the transport sector and Sustainable Energy Ireland is funding a number of biomass projects and studies through its renewable energy research, development and demonstration programme. In conjunction with a pilot scheme for excise tax relief for biofuels, it is anticipated that these measures will lead to market penetration of biofuels of 0.13% within two years. Further measures to increase market penetration over a longer timeframe are currently being considered but no firm targets have been set as yet.

The biofuels directive sets indicative targets for market penetration of 2% by end 2005 and 5.75% by end 2010. The targets in the directive are indicative and not mandatory and most member states, including Ireland, would not be in a position to meet the 2% target by end 2005. Ireland is starting from a very low current production base, and the 2% target therefore represents a considerable challenge.

The decision by Government to approve the development of an east-west electricity interconnector with Wales is also a factor which will shape our fuel mix. The Commission for Energy Regulation is pursuing this project which, in all likelihood, will result in a 500 MW interconnector between ourselves and the UK. This will give us access to electricity from the UK and also improve our capacity to increase the level of renewable energy on our own system.

Question No. 81 answered with QuestionNo. 57.

Telecommunications Services.

Richard Bruton

Question:

82 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources if broadband services have been provided for or at proposed locations for relocation of civil servants in the context of the Government’s decentralisation programme; and if he will make a statement on the matter. [14488/05]

Bernard J. Durkan

Question:

141 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if broadband services have been provided for or at proposed locations for relocation of civil servants in the context of the Government’s decentralisation programme; and if he will make a statement on the matter. [14719/05]

I propose to take Questions Nos. 82 and 141 together.

My Department's regional broadband programme is building high-speed open access broadband networks in almost 120 cities and towns that will be used by the private sector companies to offer services at competitive prices to consumers, including decentralised Government offices. The programme was expanded to include three additional towns, Furbo, Clifden and Knock Airport, following the announcement of the Government's decentralisation programme.

Energy Resources.

Seán Ryan

Question:

83 Mr. S. Ryan asked the Minister for Communications, Marine and Natural Resources the amount paid to date to the Exchequer in respect of the sale of the Whitegate oil refinery and the Bantry storage terminal; the amount of the balance which remains outstanding; when he expects that this will be paid; if he has satisfied himself at the rate of payments; and if he will make a statement on the matter. [14407/05]

I refer the Deputy to my reply to Question No. 93 on 30 November, 2004.

Postal Services.

Ruairí Quinn

Question:

84 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources if he has received the annual report of An Post; his views on the report; and if he will make a statement on the matter. [14400/05]

The annual report and accounts of An Post for 2004 were received in the Department and were presented to Government on 19 April 2005 prior to their being laid before each House of the Oireachtas. The financial outturn for the year resulted in operating profits of €1.8 million, which is testament to the policy of controlled financial management, in line with the recovery strategy that the company implemented throughout 2004.

The year 2004 was a challenging period for all involved in An Post, the board, management and employees, and difficult cost cutting decisions had to be made. To attempt to build a brighter future for the company, negotiations under the auspices of the Labour Relations Commission, continued throughout the year and although progress has been slow, I believe that, with the continued co-operation of all parties, an agreement can be reached that will set the company on a firm financial footing for the future. The importance of the current negotiations reaching a successful conclusion cannot be stressed sufficiently. With the many challenges facing the postal sector including globalisation, liberalisation, electronic substitution and falling mail volumes, it is vital that a clear road-map for the future of the company is adopted and proactively implemented by all stakeholders.

The financial results in 2004 have provided a foundation on which the company can build. An Post has a statutory mandate to be financially viable and this needs to be reflected in the planning and actions of the company for the future. An Post must deliver a high quality of service as well as developing new and innovative products designed to meet the needs of customers, if it is to prosper in a competitive market. The company has many assets on which it can build, including a highly skilled workforce and a nationwide delivery and post office network.

I am confident that with the dedication of all stakeholders to implement agreed changes, An Post can be turned around and primed to meet the challenges facing the postal sector.

Energy Resources.

John Gormley

Question:

85 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the intended management structure in the new three person energy regulator following the appointment of two new additional commissioners; if the conditions and rank of each commissioner are the same; and the way in which decisions from the regulator have to be approved among the three commissioners. [14552/05]

The three Commissioners for Energy Regulation have equal rank while Commissioner, Tom Reeves, has been appointed as chairman. As required by the Electricity Regulation Act 1999, the commissioners' terms and conditions of appointment are fixed with the consent of the Minister for Finance. The contractual arrangements entered into with each of the three commissioners received such consent. Apart from remuneration, the terms and conditions of the contracts in respect of the commissioners appointed in 2004 and 2005 are the same. They both differ in certain aspects, including remuneration, to the contract signed by the chairman in 2004, which effectively extended his existing contractual arrangements for a second term of office.

Internal management arrangements are a matter for the commission. I understand, however, that the commission has agreed that each commissioner will have lead responsibility for overseeing particular areas of the commission's work and that there will be joint decisions by the commissioners on all matters of significance.

I would also inform the Deputy that I will shortly be proposing to Government, in the interest of efficient business practice, that the chairman should have a casting vote. An identical provision exists in the Communications Regulation Act 2002 in the case of the Commission for Communications Regulation, ComReg.

Post Office Network.

Fergus O'Dowd

Question:

86 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources if examination has been carried out of the extent to which Government Departments might use the services of An Post to facilitate electronic money transmissions or other services administered through the banks or other financial institutions with particular reference to the need to maximise the extent of such business for the post offices; and if he will make a statement on the matter. [14485/05]

Bernard J. Durkan

Question:

139 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if examination has been carried out of the extent to which Government Departments might use the services of An Post to facilitate electronic money transmissions or other services administered through the banks or other financial institutions with particular reference to the need to maximise the extent of such business for the post offices; and if he will make a statement on the matter. [14716/05]

I propose to take Questions Nos. 86 and 139 together.

The Government and An Post are committed to the maintenance of a nationwide post office network. To ensure that this commitment continues to be honoured, there is a fundamental requirement for An Post to address certain strategic issues relating to the network.

A challenge for the company is to develop a comprehensive strategy that satisfies the needs of existing customers, while attracting new customers into the post office. An Post has already had some success in winning new business from the public and private sectors. It also continues to benefit from a considerable amount of Government business, especially in the areas of social welfare payments for the Department of Social and Family Affairs and savings products on behalf of the National Treasury Management Agency.

To ensure that our post offices remain attractive to customers, including customers of Government Departments, I am convinced that An Post's long-term strategy must satisfactorily address electronic technology issues in a comprehensive fashion. I have asked the management to develop such a strategy and in the interim, a pilot project will see ten small post offices computerised.

Energy Resources.

Dan Neville

Question:

87 Mr. Neville asked the Minister for Communications, Marine and Natural Resources the extent to which he expects energy conservation and efficiency measures proposed or anticipated by his Department to affect the overall energy requirements with particular reference to oil, gas, electricity and other sources of energy; and if he will make a statement on the matter. [14512/05]

Bernard J. Durkan

Question:

163 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he expects energy conservation and efficiency measures proposed or anticipated by his Department to affect the overall energy requirements with particular reference to oil, gas, electricity and other sources of energy; and if he will make a statement on the matter. [14743/05]

I propose to take Questions Nos. 87 and 163 together.

Sustainable Energy Ireland, SEI, is an agency established by Government in 2002, under the aegis of the Department of Communications, Marine and Natural Resources. Its remit is to promote and assist environmentally and economically sustainable production, supply and use of energy across all sectors of the economy. SEI is responsible for the roll-out of the energy conservation measure of the sustainable energy priority of the economic and social infrastructure operational programme of the National Development Plan 2000-2006.

Energy conservation and efficiency contribute to national competitiveness, enhanced security of supply and environmental protection by enabling the economy to produce a given level of output with less energy input.

While it is clearly difficult to predict the impact of energy efficiency and conservation measures on future energy consumption or total primary energy requirements, an historical examination shows that from 1990 to 2003 Ireland's energy intensity, an indicator commonly used for energy efficiency, fell by 3% per annum, from 0.22 kgoe per euro to 0.15 kgoe per euro at constant 1995 prices. According to the International Energy Agency's 2003 Ireland review, the country has the second lowest energy intensity in the IEA countries. For comparison, the same publication notes that Finland's energy intensity was in 2001 over 90% higher than Ireland's.

Intensity fell by 4.8% in 2002 and 5.8% in 2003, suggesting that the economy is continuing to become more energy efficient. Primary energy intensity fell by 33% between 1990 and 2003, or 3% per annum. An analysis carried out by Sustainable Energy Ireland's energy policy statistical support unit suggests that 33% of the change in energy intensity could be accounted for by structural changes in the economy. The remaining 67% was due to economies of scale, fuel mix and energy efficiency improvements.

Significant restructuring of the Irish economy has occurred in the last decade. Ireland's GDP grew by 9.8% per annum in the period 1995-2000 and averaged 7.1% from 1990-2002, and overall growth of 128% in the same period. In contrast, the total primary energy requirement increased by only 56.6% or 3.8% per annum, reflecting a significant relative decoupling of energy and GDP. Furthermore, energy-related CO2 emissions rose by only 43.2% or 3.0% per annum, largely reflecting the lower carbon intensity of electricity production, due to new high efficiency electricity generation coming on-line changes in the fuel mix to low carbon fuels such as gas and increasing the amount of renewable energy generation.

Post Office Network.

Pat Breen

Question:

88 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources if no further post offices or sub-post offices will be closed having particular regard to the need for the important economic and social services provided by the network throughout the country; and if he will make a statement on the matter. [14534/05]

Bernard J. Durkan

Question:

178 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if no further post offices or sub-post offices will be closed having particular regard to the need for the important economic and social services provided by the network throughout the country; and if he will make a statement on the matter. [14764/05]I

I propose to take Questions Nos. 88 and 178 together.

This Government and the board of management of An Post are committed to the objective of securing a viable and sustainable nationwide post office network as set out in the Agreed Programme for Government.

The post office network has been the subject of a number of studies and reviews in recent years. Many of the recommendations arising from these reviews have been implemented, with particular regard to winning new business including extra banking and new utility business.

Where vacancies for a postmaster or postmistress arise in the normal course of events, An Post advertises the position at least twice and actively canvasses for suitable persons to fill the vacant positions. It is only when a suitable candidate for a vacancy cannot be found or where there are no applicants, that a post office is closed. Such closures are regarded as temporary pending an application from a suitable person.

There is widespread recognition that the best strategy to sustain the network is for An Post to continue adapting to its customer needs and maximising efforts to secure existing business, while pursuing new business at every available opportunity.

Question No. 89 answered with QuestionNo. 12.

Telecommunications Services.

Seymour Crawford

Question:

90 Mr. Crawford asked the Minister for Communications, Marine and Natural Resources if he has given instructions to or received reports from the regulator with a view to curtailing the activities of firms involved in unsolicited e-mail, spam or mobile phone texts; his plans to combat this menace, unilaterally or through co-operation with EU colleagues; and if he will make a statement on the matter. [14532/05]

Bernard J. Durkan

Question:

176 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has given instructions to or received reports from the regulator with a view to curtailing the activities of firms involved in unsolicited e-mail, spam or mobile phone texts; his plans to combat this menace, unilaterally or through co-operation with EU colleagues; and if he will make a statement on the matter. [14762/05]I

I propose to take Questions Nos. 90 and 176 together.

Due to concerns raised by member states in relation to the sending of unsolicited e-mails for direct marketing purposes via the Internet, mobile phones and other electronic communications media, the EU introduced Directive 2002/58/EC — the directive on privacy and electronic communications. This directive was transposed into national law in November 2003 via the Data Protection and Privacy Regulations 2003, SI No. 535 of 2003. The regulations place restrictions on the sending of unsolicited emails for direct marketing purposes via the internet, mobile phones and other electronic communications media.

Responsibility for the enforcement of the regulations rests with the Office of the Data Protection Commissioner. A person found guilty of a breach of the regulations is liable on summary conviction to a fine not exceeding €3,000 per message.

Spam is a global problem and the capacity of an individual member state to control it in isolation is very limited because spam can originate outside its jurisdiction. The EU and the OECD have set up working groups to explore the options for controlling spam — the EU in the context of its member states and the OECD in the wider global context. My Department and the Office of the Data Protection Commissioner are represented on the aforementioned groups. Both groups are cooperating with each other towards the development of measures, such as the following: adoption of the aforementioned directive by all EU member states; international co-operation in investigation and enforcement; education and awareness among consumers on prevention and the technical and legal solutions available to them to control spam; self-regulation among service providers, such as a code of practice; development of technical solutions by service providers such as blocking and filtering that will keep false positives, that is, the blocking of legitimate e-mails, to a minimum.

Fishing Industry Development.

Dan Boyle

Question:

91 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources his views on whether the UK Government believes that Irish salmon drift net fishery is having an unacceptable impact on UK salmon stocks in view of the UK Environment Agency’s belief that 10% of salmon returning to English and Welsh rivers are caught in Irish driftnets; and the response he intends to make to the commitment given by the British Labour Party in its charter for angling to encourage the Irish Government to bring about a voluntary cessation of driftnetting for salmon off the Irish coast. [14547/05]

In answer to Parliamentary Question No. 254 on 26 April 2005, I advised the House that since my appointment as Minister of State with responsibility for the Marine, I have not received any communication from the UK Government regarding the management of the Irish wild salmon fishery. I also clarified the context of the statement made by the UK Environment Agency which referred to an as yet unpublished report by a joint Irish-UK scientific working group, which has been assessing the recent patterns and levels of exploitation on English and Welsh salmon stocks in the Irish coastal fishery. I understand the scientific working group's report is finally nearing completion and is expected to be released in 2005.

In the absence of this report, it should be noted that the Government does not accept that there is any sound or agreed scientific basis for the allegations made that the Irish salmon drift net fishery has an unacceptable impact on salmon stocks either in Ireland or in other European countries.

The commitments given by the British Labour Party in its charter for angling have also been brought to my attention. This Government has consistently ruled out buyout as an effective means of achieving the restoration of salmon stocks and considers that its management of the Irish home water commercial salmon fishery, which limits the commercial salmon fishing season, confines it to within the six mile limit and restricts the number of fish being caught, are the best instruments available to achieve this objective.

Question No. 92 answered with QuestionNo. 57.
Question No. 93 answered with QuestionNo. 49.

Energy Resources.

Jim O'Keeffe

Question:

94 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to warnings that there is a serious oil supply crunch on the way, which may result in significant economic disruption and real hardship here; if he has any contingency plans in place to deal with such a situation; and if he will make a statement on the matter. [14364/05]

Ireland is a member of the International Energy Agency, IEA, an OECD body which, inter alia, monitors developments in the international oil market. The IEA keeps the oil market situation under constant review. While international oil prices are currently high, the IEA considers that the supply-demand fundamentals should not lead to a supply crisis.

As a member of the IEA, Ireland is required to maintain emergency oil stocks equivalent to at least 90 days of net imports of crude oil equivalent in the previous year. The EU imposes a similar requirement based on consumption. At the end of December 2004, the latest date for which figures are available, the combined stocks of IEA member countries, including Ireland, were equivalent to 114 days of net imports. On 1 March 2005, Ireland's stocks were estimated at 105 days of net imports.

My Department has contingency arrangements in place to deal with major oil supply disruptions. In the event of a significant global oil supply crisis, Ireland's oil reserves would be issued over an extended period to supplement commercial supplies which would continue to be available, albeit at a reduced level, in the normal course. In this context reserves provide cover for periods far in excess of their expression in terms of number of days.

There would be no question of Ireland or any other oil consuming country attempting to deal on its own with an international oil crisis. If such a crisis were to occur, the response, including the release of emergency stocks and the identification of alternative sources of supply, would take place primarily within the framework of the formal emergency regime developed and maintained by the IEA. Under the regime, member states are entitled to a share of available IEA oil stocks in the event of a reduction of at least 7% in normal global supply levels. There are also provisions for a co-ordinated international response to an emerging crisis, without the oil-sharing component, in advance of the 7% trigger.

I am satisfied that Ireland's emergency stock levels are more than sufficient to ensure that we would be in a position to participate effectively in an internationally coordinated response in the event of an oil supply crisis.

Question No. 95 answered with QuestionNo. 52.
Question No. 96 answered with QuestionNo. 15.

Telecommunications Services.

Brian O'Shea

Question:

97 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if he will report on his Department’s analysis of ComReg’s recently published forward looking strategic review of the Irish telecoms sector; his views on the opinions expressed recently at a telecommunications conference in Kilkenny; and if he will make a statement on the matter. [14392/05]

The Commission for Communications Regulation is independent in the exercise of its functions and it would not be appropriate for me to comment in detail on their recently published consultation document.

I welcome the opinions expressed by my colleague, the Minister for Transport in support of the Government's investment in the metropolitan area networks.

Question No. 98 answered with QuestionNo. 32.

Inland Fisheries.

Dan Boyle

Question:

99 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources the status of a report (details supplied) on inland fisheries; and if he will make a statement on the matter. [14546/05]

I have recently received the report from the consultants and I am currently considering its findings. It is my intention to bring this report to Government in the near future and to have it published as soon as possible. Until such time as the report is presented to Government I am not in a position to report on its recommendations or provide a copy to the Deputy.

Question No. 100 answered with QuestionNo. 50.
Question No. 101 answered with QuestionNo. 80.

Joe Costello

Question:

102 Mr. Costello asked the Minister for Communications, Marine and Natural Resources if he will make a statement on the ongoing difficulties in the scallop fishery in Waterford and the south-east; his views on solutions to the present effort and capacity issues. [14378/05]

While I acknowledge that there are some difficulties being experienced by scallop fishermen in the south east it is important to set out the background to the current issues arising for the scallop fishing sector. In November 2003 a new regime to manage fishing effort in western waters for a number of fisheries including scallops was agreed. The purpose of this regime is to manage access to waters and resources and provide for the sustainable pursuit of fishing activities. It should also be noted that there are currently no catch limits on scallops and that fishing effort is the only management tool available to limit the exploitation of these vulnerable stocks.

The new fishing effort ceiling for the scallop fishery established in June 2004 under this regime was based, as for all other fisheries, on the average of the fishing effort levels for the reference period 1998-2002. This resulted in a fishing effort ceiling for the scallop fishery of 109,395 kw days inside the biologically sensitive area, the new Irish box, and 525,012 kw days for the rest of area VII. The level of fishing effort exerted by the scallop fleet in the years 2003 and 2004 increased significantly above the ceiling set in the new regime. The level of effort available for 2005 for the Irish fleet is accordingly less than the recent level of fishing effort deployed in the fishery. Ireland has a legal obligation under the new regime for western waters to take active measures to ensure that the ceilings established for all the fisheries with effort ceilings in place under the regulation are fully respected.

My officials and I have held a number of meetings in the last few months with representatives of the scallop fishermen where we have explored the options available to allow for a management system which ensures the fishing effort limits are respected while at the same time a viable scallop fishery can continue into the future. In the event that management measures are not put in place and a free for all operates, it will be necessary to close the fishery when the effort ceilings are reached. I have explained this situation to representatives of the sector and strongly advised them to engage positively with me in order to avoid such a scenario. However, I have not been able so far to secure the involvement of the sector in developing a management regime.

I am continuing to work with the fishermen affected to find an appropriate mechanism for the effective management of this fishery to ensure its viability in the long run. I am hopeful that we will be able to put in place a management system which uses the available effort to the best advantage of the industry. However, time is running out and the options available are considerably reduced as the year progresses. I urge the sector to engage positively with myself and my officials in order to deliver a regime taking all circumstances into account.

Post Office Network.

Thomas P. Broughan

Question:

103 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he will avail of the opportunity presented by the EU Commission decision that it will not oppose State aid to An Post to enable the company to discharge its universal service obligation by securing the future of the company and preserving the national sub-post office network; and if he will make a statement on the matter. [14375/05]

I am aware that services of general economic interest, such as postal services, can benefit from certain financial measures only to the extent that such measures are necessary to fulfil public service obligations. This was the basis of the 2002 commission approval of the €12.7 million equity injection to An Post to fund a modernisation programme. There are no proposals to pay further State aid to the company.

The Government and An Post are committed to the maintenance of a nationwide post office network and to the universal mail delivery service, which requires that mail be delivered at a uniform tariff to every address in the State. To ensure that these commitments continue to be honoured, the fundamental requirement is not for State aid but rather for An Post to address certain structural and strategic issues relating to the mail service and the post office network respectively. In regard to mail delivery and collection, exhaustive negotiations are ongoing between unions and management, with the assistance of the State's industrial relations machinery to conclude a recovery plan that all agree is necessary. I have urged both sides to work to bring the negotiations to a successful conclusion.

Turning to the nationwide post office network, the challenge for the company is to develop a comprehensive strategy that satisfies the needs of existing customers while attracting new customers into the post office. An Post has already had some success in winning new business and continues to benefit from a considerable amount of Government business, especially in the areas of social welfare payments and savings products. To ensure that our post offices remain attractive to customers, future strategy must address electronic technology issues in a comprehensive fashion. In the interim, a pilot project will see ten small post offices computerised.

Inquiries made to the European Commission suggest that there has been no recent specific decision that will affect the position in regard to State aid for An Post. The Deputy may have in mind the recent reply to a parliamentary question from Deputy Gay Mitchell MEP from Mrs. Kroes, the Commissioner for competition. The text of the question and reply provided at the end of this reply. The Commissioner confirms that, in respect of general economic services such as postal services, the possibility exists for paying state aid for public service obligations only. This is not new and was in fact the basis for securing the 2002 approval to the €12.7 million equity injection for An Post.

In 1999, at the request of the Prime Minister of the UK, the performance and innovation unit published a report on the modernisation of the post office network. The report covered both the urban and rural network. Following its recommendations, the UK post office network is now in receipt of substantial funding from historical Royal Mail surpluses which were not transferred to the government but were invested in government gilts. The issues facing rural post offices in the UK are similar to the issues in the Irish network. The rural network has been in decline due to changing demographics, car ownership and greater consumer choice. Consequently, the network is facing a serious viability problem with average revenues at rural post offices low. The range of services in the network is similar to the range here with a high reliance on government business.

In order to support the rural post office network, the UK Government decided to fund the network to the tune of £150 million per annum from 2003 to 2006 on condition that the post office would try to prevent avoidable closures of post offices. A continuation of this funding until 2008 has recently been announced and the condition on closures has been dropped. The rural network is now considered effectively to be a social service but nevertheless, the UK Government has not agreed to an open ended funding of the network. The current funding framework is a transitional mechanism pending a fundamental decision on the future of the network.

Copy of question in the European Parliament.

The public company that provides the Irish postal service, An Post, is currently in financial crisis. Industrial action was recently taken by workers in An Post for non-payment of their pay awards under the national wage pay agreement for the past three years. Article 3 of Directive 97/67/EC 1 directs member states to ensure that users enjoy the right to a universal service involving the permanent provision of a postal service of specified quality at all points in their territory at affordable prices. Given this, will the European Commission allow the Irish government to provide a small subvention to this company currently in crisis, for a period of three to five years, so that the company can be returned to profitability? E-0632/05EN

Answer given by Mrs. Kroes on behalf of the Commission — 1 April 2005. The postal directive laid down common rules regarding the provision of a universal postal service within the Community. A set of universal service obligations, or USOs, is set out in article 3 of the postal directive to give effect to the principles of universality, equality and continuity. National postal providers have been entrusted by their national government to perform these USOs and may benefit from exclusive rights for certain services to the extent necessary to ensure the maintenance of universal service. These universal postal providers also compete in competitive markets with private operators, including both postal markets for express mail and parcels and non-postal markets for financial services.

Provided that the measure in question is dedicated only to compensate An Post for the provision of public and universal service obligations, its compatibility will be dealt by the Commission under Article 86(2) of EC Treaty. The latter provides that services of general economic interest, such as postal services, are not subject to the application of the Treaty rules to the extent that this is necessary to fulfil their general interest mission.

The analysis of the measure in question under Article 86(2) presupposes certain conditions. Amongst others, the Commission should perform an in-depth analysis about the cost of the service of general economic interest in order to verify whether the subsidy granted to An Post will not exceed what is necessary to cover the costs incurred in discharging the public service obligations, taking into account the relevant receipts and reasonable profit. As long as State compensation are granted for competitive activities of the universal postal provider, these are subject to the application of normal competition rules, especially the rescue and restructuring aid guidelines.

Question No. 104 answered with QuestionNo. 6.

Telecommunications Services.

Enda Kenny

Question:

105 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources the date on which he took responsibility for the digital hub project; and if he will make a statement on the matter. [8776/05]

On 22 May 2001 the Government made an order transferring responsibility for the digital hub to the Minister for Public Enterprise whose functions regarding the hub were subsequently transferred to the Minister for Communications, Marine and Natural Resources.

Hospital Services.

Finian McGrath

Question:

106 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if, in April 2003, patients were sent to Clane Hospital who could have been accommodated at another hospital (details supplied); and if she will make a statement on the matter. [14602/05]

Finian McGrath

Question:

107 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if complaints have been received at a hospital (details supplied) regarding the overwhelming number of private patients being treated to the detriment of public patients. [14603/05]

I propose to take Questions Nos. 106 and 107 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. Services at the Children's University Hospital, Temple Street, are provided under an arrangement with the executive. My Department has requested the chief officer for the executive's eastern regional area to examine the issues raised and to reply to the Deputy directly.

Finian McGrath

Question:

108 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if practices at a hospital (details supplied) regarding the national treatment purchase fund for children are run in a proper and professional manner; and if she will make a statement on the matter. [14604/05]

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

Survivors of Symphysiotomy.

Arthur Morgan

Question:

109 Mr. Morgan asked the Tánaiste and Minister for Health and Children when she will meet with a group (details supplied); when commitments made to this group in October 2003 will be delivered; and if she will make a statement on the matter. [14605/05]

My predecessor met the survivors of symphysiotomy group in late 2003 and agreed that a range of measures would be put in place to support the group. My Department is advised by the Health Service Executive that the current position in this regard is as follows. The former health boards and the relevant voluntary hospitals have appointed liaison officers, who have met and continue to meet patients that have undergone symphysiotomy to discuss their health care needs. An exercise was conducted, in conjunction with the SOS group, to profile patients in order to assist in formulating a needs assessment for each individual. An assessment service for patients has recently been established at Cappagh Hospital in Dublin. This service is provided by a multi-disciplinary team which undertakes an assessment of patients, following which recommendations for care pathways are discussed with individual patients. Independent clinical advice is available, on request, through the liaison personnel, to patients who have undergone symphysiotomy. This has already been availed of by a number of members of SOS and appropriate follow-up has been arranged. Independent counselling services are available to patients where requested. Information packs have been made available to general practitioners and relevant health care personnel. It has been agreed to grant medical cards, based on medical grounds, to SOS patients who do not have such eligibility. The HSE is presently finalising arrangements for the issuing of replacement medical cards which will contain a special patient identifier that will allow for the fast-tracking of patients requiring hospital appointments and treatments, together with the provision of certain non-GMS items recommended for patients by their GP and consultant.

My Department is advised that, following a number of meetings with the SOS group, it was agreed to defer the setting-up of a helpline. The provision of an information line is subject to active consideration by the HSE. It is evident from the foregoing that considerable progress has been made in putting in place a comprehensive range of support services for patients who have undergone symphysiotomy. The HSE will continue to oversee the provision of necessary support services for this patient group.

Child Care Services.

Paudge Connolly

Question:

110 Mr. Connolly asked the Tánaiste and Minister for Health and Children her views on the views expressed by a person (details supplied) that larger hospitals such as St. Vincent’s and the Mater are not the best place for child patients; and if she will make a statement on the matter. [14606/05]

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

Paudge Connolly

Question:

111 Mr. Connolly asked the Tánaiste and Minister for Health and Children if a 24 hour ambulance service will be provided to transfer critically ill children to larger hospitals quickly and safely for specialist interventions; and if she will make a statement on the matter. [14607/05]

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

I am pleased to advise the Deputy that my Department provided €300,000 to the Health Services Executive, eastern regional area, in December 2004 for the provision of a new vehicle for the mobile intensive care ambulance service. While the service currently facilitates the transport of adult patients, the executive has advised that the new vehicle will be equipped with paediatric monitoring equipment and will have the capacity to transport small children.

Cancer Screening Programme.

Seán Ryan

Question:

112 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children if she will report on the delay in rolling out a national cervical cancer screening programme which was promised to commence in 2005; the cost of introducing the programme; and when it will commence. [14608/05]

The former health board executive commissioned an international expert in cervical screening to examine the feasibility and implications of a national roll out of a cervical screening programme. The examination included an evaluation of the current pilot programme in the mid-western area, quality assurance, laboratory capacity and organisation and the establishment of national governance arrangements. The expert's report was published on 14 December 2004.

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

My Department is now consulting the Irish College of General Practitioners, An Bord Altranais, the Academy of Medical Laboratory Science, the institute of obstetricians and gynaecologists of the Royal College of Physicians of Ireland, the faculty of pathology of the Royal College of Physicians of Ireland, the Women's Health Council and the Irish Cancer Society. The consultation with these key stakeholders is well advanced and will be completed in a matter of weeks. In addition, my Department allocated a further €1.1 million to the programme on an on-going basis to complete the transition of the remaining laboratories to new and more effective testing and to support the development of quality assurance and training programmes. These are essential preparatory elements in a national roll out.

Hospital Accommodation.

Enda Kenny

Question:

113 Mr. Kenny asked the Tánaiste and Minister for Health and Children the cost of introducing a new public long term care bed; the cost of maintaining it annually; and if she will make a statement on the matter. [14609/05]

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, deliver, or arrange to be delivered on its behalf, health and personal social services. Accordingly, my Department has requested the national director for primary, community and continuing care at the HSE to investigate the matter raised by the Deputy and to reply direct to him.

Nursing Home Subventions.

Pat Carey

Question:

114 Mr. Carey asked the Tánaiste and Minister for Health and Children if an increased nursing home subvention will be awarded to a person (details supplied) in Dublin 11; and if she will make a statement on the matter. [14629/05]

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

Inter-Country Adoptions.

Olivia Mitchell

Question:

115 Ms O. Mitchell asked the Tánaiste and Minister for Health and Children when an adoption assessment (details supplied) is likely to commence. [14630/05]

Olivia Mitchell

Question:

116 Ms O. Mitchell asked the Tánaiste and Minister for Health and Children the reason the waiting time for even the commencement of inter-country adoption assessment has gone from 12 months to 23 months in the past four months; and if there are plans to strengthen staff numbers to ensure shorter assessment waiting times. [14631/05]

I propose to take Questions Nos. 115 and 116 together.

Applications for inter-country adoption are processed by the Health Services Executive under the Adoption Acts 1952 to 1998, as amended by the Health Act 2004. The length of time it takes to complete the necessary assessment and the allocation of resources within the HSE is a matter for the management of the HSE. However, I have asked the adoption board to identify practical measures to tackle the waiting lists of inter-country assessments. The board has initiated discussions with the HSE on the matter.

My Department has requested the national director of primary, community and continuing care in the Health Service Executive to investigate these matters and to reply directly to the Deputy.

EU Directives.

Eamon Ryan

Question:

117 Mr. Eamon Ryan asked the Tánaiste and Minister for Health and Children the European directives in her Department that are awaiting full implementation. [14647/05]

The current position on the transposition of European directives for which my Department is responsible is set out in the following table. The statutory instrument for transposition is at an advanced stage.

Subject/Title

Deadline for Transposition into Irish Law

Current Position

Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003, setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood components and amending Directive 2001/83/EC

08/02/2005

It should be noted that there will be a combined transposing Statutory Instrument with Directive 2004/33 below. The drafting of this combined S.I. is at an advanced stage and should be completed shortly.

Commission Directive 2004/33/EC of 22 March 2004 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards certain technical requirements for blood and blood components

08/02/2005

See 2002/98 above

Registration of Birth.

Jack Wall

Question:

118 Mr. Wall asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Kildare will be issued a birth certificate; and if she will make a statement on the matter. [14671/05]

An tArd Chláraitheoir, Registrar General, is responsible for the registration of all life events, including births. I have made inquiries with him concerning this matter and the position is set as follows.

The procedures for the registration of the birth of the person in County Kildare are governed by the provisions referring to late registrations, that is births that are not registered within 12 months of the event.

The Registrar General's office has been in correspondence with the qualified informant in this case since August 2000 with a view to completing the registration procedures. Although several reminders were issued to the informant in the interim, the procedures were not complied with until April of this year. The birth in question was registered on 3 May 2005 and the certificate has now been issued to the applicant.

Health Legislation Review.

Ciarán Cuffe

Question:

119 Mr. Cuffe asked the Tánaiste and Minister for Health and Children the members of the working group established to review the Health Nursing Homes Act 1990 and associated regulations. [14679/05]

The membership list of the working group is as follows: Mr. Jimmy Duggan, principal officer, Department of Health and Children, chair; Mr. James Conway, programme manager, Health Service Executive, mid-western area; Ms Valerie Nagle, health economist, HSE, eastern regional area; Ms Anne Vaughan, principal officer, planning unit, Department of Social and Family Affairs; Mr. Joe Mooney, principal officer, Department of Finance; Ms Marie Kennedy, acting appeals officer, appeals office, St. Joseph's Hospital; Ms Aileen O'Doherty, Irish Association of Older People, University College Dublin; Ms Ellen Dillon, Federation of Irish Nursing Homes; Mr. Maurice O'Connell, chief executive, the Alzheimer Society of Ireland; Mr. Pat Quinlan, Federation of Catholic Voluntary Nursing Homes; Mr. Bob Carroll, director, National Council on Ageing and Older People; Ms Máiread Hayes, development officer, Irish Senior Citizens Parliament; Mr. Paul Costello, chief executive, Irish Nursing Homes Organisation Limited; Mr. Enda Egan, chief executive officer, the Carers Association; Mr. Noel Brett, former regional manager SFOP, Western Health Board; Mr. Aidan Browne, national director for primary, community and continuing care, Health Service Executive, former assistant CEO, community service, North Eastern Health Board; Ms Ann Coyle, HSE, north eastern area; Dr. Bernard Walsh, consultant physician, St. James's Hospital; Mr. David Wolfe, assistant principal, Department of Health and Children; Mr. Derek Finnegan, higher executive officer, Department of Health and Children; Ms Julie Ling, nursing adviser, Department of Health and Children; and Mr. Des Tracey, executive officer, Department of Health and Children.

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

Medical Cards.

Richard Bruton

Question:

120 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she has resolved the difficulties that have held up the introduction of doctor-only medical cover for persons on low income; if the Health Service Executive has yet issued forms to receive applications in respect of this scheme; and if she is advising persons who believe they may have eligibility to process claims. [14695/05]

The necessary legislation to allow for the introduction of doctor visit cards has been enacted. Funding of €50 million required to introduce this development in 2005 has been made available to the Health Service Executive, HSE.

The HSE is finalising the necessary administrative arrangements for this measure, and a public information campaign will commence next week. This will indicate the process to be followed by applicants to obtain application forms and to have their eligibility assessed by the HSE. A process of engagement with the contractor and staff representative bodies is ongoing.

It is my intention that access to free general practitioner services will be provided to these low income persons as quickly as possible.

Vetting Procedures.

Pat Rabbitte

Question:

121 Mr. Rabbitte asked the Tánaiste and Minister for Health and Children the procedures she follows with regard to vetting persons being considered for appointments to State boards under her aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if she will make a statement on the matter. [14700/05]

The process by which a person is appointed to a State board reflects the conditions for appointment laid down in the relevant statutory instrument establishing the board. When making such appointments, I must have due regard to the nature of the work of the board and the consequent requirement for any appointee to hold the necessary skills and expertise required to discharge the functions of that particular board.

With regard to tax compliance by persons being considered for appointment to State boards, the Department of Finance, in conjunction with other relevant Departments, is considering whether tax clearance certificates can and should be required of such persons. Based on the outcome of that process, a decision will be made on whether any change to the existing arrangements is appropriate.

Finally, under the Ethics in Public Office Act normal disclosure requirements apply to members of boards, once they have been appointed, where the body is prescribed in regulations made by the Minister for Finance under the Act.

Health Services.

Paul Kehoe

Question:

122 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the reason for the delay in transferring a person (details supplied) in County Wexford for a bypass operation; when this person will be called; and if she will make a statement on the matter. [14792/05]

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 referred to by the Deputy resides in County Wexford, my Department has asked the chief officer for the executive's south eastern area to respond to the Deputy directly.

Finian McGrath

Question:

123 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that some meals on wheels services have to increase their prices to the elderly due to a funding problem; and if she will work with the HSE to ensure that these services are funded adequately. [14793/05]

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, deliver, or arrange to be delivered on its behalf, health and personal social services. Accordingly, my Department has requested the national director for primary, community and continuing care at the HSE to investigate the matter raised and to reply direct to the Deputy.

Job Creation.

Paul Kehoe

Question:

124 Mr. Kehoe asked the Minister for Finance if positions are available for HGV drivers through the OPW in County Wexford; and if he will make a statement on the matter. [14646/05]

I am advised by the Commissioners of Public Works that they have no current vacancies for HGV drivers in County Wexford. However, any person interested in securing employment with the OPW should complete a standard application form available from the personnel division, The Office of Public Works, 51 St. Stephen's Green, Dublin 2. Telephone 01 6476084. Applicants are then advised in the event of a suitable vacancy arising.

EU Directives.

Eamon Ryan

Question:

125 Mr. Eamon Ryan asked the Minister for Finance the European directives in his Department that are awaiting full implementation. [14648/05]

There are currently eight EU directives for which my Department has responsibility which are awaiting full implementation. The details of each of the Directives are as follows.

Council Directive 2003/98/EC: Re-use of Public Sector Information. This directive lays down ground rules for the re-use of public sector information for commercial purposes. The deadline for implementation is 1 July 2005. A draft statutory instrument has been received from Parliamentary Counsel's office. The deadline is expected to be met.

Council Directive 2004/106/EC of 16 November 2004 amending Directives 77/799/EEC concerning mutual assistance by the competent authorities of the member states in the field of direct taxation, certain excise duties and taxation of insurance premiums and 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products. This directive requires transposition by 1 July 2005.

Council Directive 2005/19/EC of 17 February 2005 amending Directive 90/434/EEC 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchange of shares concerning companies of different member states. This directive has only recently been agreed and published in the Official Journal on 4 March 2005 with a deadline for transposition of 1 January 2006.

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

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

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

Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity. The deadline for transposition was 31 December 2003. As was already outlined in response to Parliamentary Question No. 152 of 2 March 2005, Ireland was already in compliance with all significant requirements of the directive prior to 1 January 2004. The outstanding elements of the directive have been provided for in Finance Act 2005, subject to a Commencement Order in one instance. A letter notifying the Commission will issue shortly.

Council Directive 2004/56/EC of 21 April 2004 amending Directive 77/799/EEC concerns mutual assistance in the field of direct taxation, certain excise duties and taxation of insurance premiums. The deadline for transposition was 1 January 2005. A statutory instrument is being prepared and the directive will be transposed shortly.

Decentralisation Programme.

Seamus Kirk

Question:

126 Mr. Kirk asked the Minister for Finance the position regarding the decentralisation proposal for Drogheda, County Louth with regard to site acquisition and the timescale for development; and if he will make a statement on the matter. [14677/05]

The Office of Public Works is currently at an advanced stage in discussion with the Drogheda Town Council regarding potential property solutions to fulfil the accommodation brief of the staff decentralising to Drogheda. Subject to securing satisfactory property solutions and barring unforeseen circumstances, the indicative timeframe for project commencement is mid 2006.

Gerard Murphy

Question:

127 Mr. G. Murphy asked the Minister for Finance the arrangements he has made to facilitate decentralisation to Kanturk; if a site has been purchased; the number of civil servants who have indicated that they will move to Kanturk; when building will commence and when the first civil servants will commence work in Kanturk. [14678/05]

The decentralisation programme to Kanturk involves the proposed relocation of part of the Office of Public Works. The Commissioners of Public Works are currently at an advanced stage in the acquisition of a site in Kanturk. The current number of civil servants who have applied for relocation to Kanturk is 82. With regard to the posts prescribed for Kanturk, the application list shows an over subscription at some grades and a shortfall at others. This number, which is based on first preferences, is framed on the CAF applications received up to 7 September 2004. The decentralisation implementation group will issue a further report which will deal with the indicative timelines of projects at a number of locations including Kanturk.

Vetting Procedures.

Pat Rabbitte

Question:

128 Mr. Rabbitte asked the Minister for Finance the procedures he follows regarding vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14701/05]

Appointments to statutory boards under the aegis of my Department are in the first instance subject to the relevant legislation governing the establishment of the board. In considering a person's suitability for appointment to such boards I would have regard to a range of factors including any known, or potential, conflicts of interest. Following appointment to a board, the normal disclosure requirements under the Ethics in Public Office Acts 1995 and 2001 apply where the body is prescribed in regulations made under the 1995 Act.

With regard to tax compliance by persons being considered for appointment to State boards, my Department, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of such persons. Based on the outcome of that process, I will consider further with my Cabinet colleagues whether any change to the existing arrangements is appropriate.

Unclaimed Moneys.

Michael Ring

Question:

129 Mr. Ring asked the Minister for Finance if his attention has been drawn to the large amount of money that remains unpaid or unclaimed within the bookmaking and betting industry; the estimated sums of money as classified; if bookmakers are required to make every effort to return the money to their rightful owner and make the money available to suitable registered charities; and if he will make a statement on the matter. [14772/05]

I do not have any information to hand on the matters raised in the question. Moreover, the issues raised by the Deputy would not come under the remit of my Department.

Disabled Drivers.

Dinny McGinley

Question:

130 Mr. McGinley asked the Minister for Finance the position regarding an application on appeal under the Disabled Drivers-Passengers (Tax Concessions) Regulations 1994 for a person (details supplied) in County Donegal. [14777/05]

Dinny McGinley

Question:

131 Mr. McGinley asked the Minister for Finance the position regarding an application on appeal under the Disabled Drivers-Passengers (Tax Concessions) Regulations 1994 for a person (details supplied) in County Donegal. [14778/05]

I propose to take Questions Nos. 130 and 131 together.

I have no direct responsibility for the day to day operation of the medical board of appeal for the disabled drivers and disabled passengers, tax concessions, scheme. As the Deputy may be aware, there have been a number of administrative difficulties with the board of appeal.

However, these have now been resolved, and in this respect I appointed a new chairperson to the board on 14 March, and a new secretary recently commenced employment. It is expected that the board of appeal will resume its meetings very shortly. In addition, structures are being put in place to allow the board to meet frequently and to address the current backlog of appeals.

With regard to the position on appeals by the individuals concerned, the Deputy may wish to contact the secretary to the board of appeal at the National Rehabilitation Hospital, Rochestown Avenue, Dún Laoghaire, County Dublin or alternatively by telephone on 01 2355279.

Mobile Telephony.

Bernard J. Durkan

Question:

132 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that mobile telephone costs to consumers here are the highest in Europe; the direction he plans to offer the regulator with a view to addressing this issue and alleviating the unnecessary burden placed on mobile phone users here; and if he will make a statement on the matter. [14774/05]

I have no function in setting of pricing for phone services. The regulation of telecommunications operators, including pricing for mobile services, is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU Regulatory Framework for Electronic Communications.

As Minister for Communications, Marine and Natural Resources, I have responsibility for overall telecoms policy, and my main goal in this policy is to create conditions for sustainable growth and competition that will benefit the economic and social development of Ireland and facilitate competitive services.

It is my belief that improving the market conditions to enhance competition is the best way to drive down mobile phone charges to the end user. The more competitive telecoms services that are on offer, the better in the long run for consumers, the sector and the economy.

In March 2004, my predecessor issued policy directions to ComReg, including a direction on competition. The direction on competition mandates ComReg to focus on competition as a key objective, with a particular focus on competition in the fixed and mobile markets, and to implement where necessary remedies which counteract or remove barriers to entry and support entry by new players to the market and entry into new sectors by existing players; and to have particular regard to the following also: market share of new entrants; ensuring that the applicable margin attributable to a product at the wholesale level is sufficient to promote and sustain competition; price level to the end user; and the potential of alternative technology delivery platforms to support competition.

ComReg has, as one of its key objectives, under the Communications Regulation Act 2002, the promotion of competition in the exercise of its functions. Competition in the fixed and mobile markets will drive down prices for consumers.

I have no information to say that Irish mobile charges are generally the highest in Europe. However, ComReg's quarterly key data for the Irish communications market for Q4 2004 indicate that the Irish mobile operators' average revenue per user is the second highest in Europe. Switzerland has the highest.

The Deputy will be aware that in February 2005 ComReg designated Vodafone and O2 as having joint dominance in the wholesale mobile access and call origination market. Following on from this, in March of this year ComReg placed an obligation on Vodafone and O2 requiring them to provide access to other companies on their networks.

Vodafone, O2 and Meteor have notified me that they wish to appeal to an appeal panel ComReg's finding of joint dominance and the resulting obligations imposed by ComReg on Vodafone and O2 to give other operators access to their networks. My officials are currently examining these notifications of appeal.

Question No. 133 answered with QuestionNo. 19.

EU Directives.

Eamon Ryan

Question:

134 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the European directives in his Department that are awaiting full implementation. [14649/05]

Details of directives awaiting transposition by my Department are set out in the following table.

EU Directives Awaiting Transposition

Title

Deadline for Transposition into Irish Law

Expected date of transposition

Directive 2002/91 of 16 December 2002 on the energy performance of buildings

04.01.06

December 2005

Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC.

1. 01.07.04 (part) 2. 01.07.04 (part) 3. 01.07.04 (part) 4. 01.07.04 5. 01.07.07

1. transposed 2. transposed 3. 2005 4. 2005 5. 2007

Directive 2003/103/EC of the European Parliament and of the Council of 17 November 2003. Amending Directive 2001/25/EC on the Minimum level of training of seafarers.

14.05.05

May 2005

Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of co-generation based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC.

21.02.06

February 2006

Directive 2004/67/EC of the European Parliament and of the Council of 26 April 2004 concerning measures to safeguard security of natural gas supply

19.05.06

May 2006

Fisheries Report.

Michael Ring

Question:

135 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if the report commissioned on the fisheries boards has been published; if not, when it will be published; if he will report on its recommendations; and if a copy of this report will be provided to this Deputy. [14670/05]

I have recently received the report from the consultants and I am currently considering its findings. It is my intention to bring this report to Government in the near future and to have it published as soon as possible. Until such time as the report is presented to Government, I am not in a position to report on its recommendations or provide a copy to the Deputy.

Vetting Procedures.

Pat Rabbitte

Question:

136 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources the procedures he follows with regard to vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14702/05]

Appointments to the boards of State sponsored bodies are made in accordance with the provisions set out in the relevant legislation. To date, it has not been the practice to request those whom it is proposed to nominate to these positions for evidence as to their tax compliance. However, an interdepartmental team, which included my Department, has considered this matter and a proposal regarding requiring appointees to State sponsored boards to be in possession of tax clearance documentation is under consideration by my colleague, the Minister for Finance.

Question No. 137 answered with QuestionNo. 50.
Question No. 138 answered with QuestionNo. 32.
Question No. 139 answered with QuestionNo. 86.
Question No. 140 answered with QuestionNo. 32.
Question No. 141 answered with QuestionNo. 82.
Question No. 142 answered with QuestionNo. 50.
Questions Nos. 143 to 145, inclusive, answered with Question No. 12.
Question No. 146 answered with QuestionNo. 15.
Question No. 147 answered with QuestionNo. 78.
Question No. 148 answered with QuestionNo. 32.
Question No. 149 answered with QuestionNo. 31.
Question No. 150 answered with QuestionNo. 22.
Question No. 151 answered with QuestionNo. 80.
Question No. 152 answered with QuestionNo. 23.
Question No. 153 answered with QuestionNo. 19.
Questions Nos. 154 and 155 answered with Question No. 9.
Question No. 156 answered with QuestionNo. 80.
Question No. 157 answered with QuestionNo. 12.
Question No. 158 answered with QuestionNo. 57.
Question No. 159 answered with QuestionNo. 37.
Question No. 160 answered with QuestionNo. 13.
Question No. 161 answered with QuestionNo. 73.
Question No. 162 answered with QuestionNo. 15.
Question No. 163 answered with QuestionNo. 87.
Question No. 164 answered with QuestionNo. 23.
Question No. 165 answered with QuestionNo. 11.
Question No. 166 answered with QuestionNo. 52.
Question No. 167 answered with QuestionNo. 15.
Question No. 168 answered with QuestionNo. 54.
Question No. 169 answered with QuestionNo. 57.
Question No. 170 answered with QuestionNo. 40.
Questions Nos. 171 and 172 answered with Question No. 49.
Question No. 173 answered with QuestionNo. 62.
Question No. 174 answered with QuestionNo. 20.
Question No. 175 answered with QuestionNo. 57.
Question No. 176 answered with QuestionNo. 90.

An Post Staff.

Bernard J. Durkan

Question:

177 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if an examination has been undertaken in regard to pension and salary awards or increases due to the An Post workforce having particular regard to the commitments entered into in the 1983 Act which purported to protect the then civil servants who transferred to the new company; the way in which this commitment has been set aside; and if he will make a statement on the matter. [14763/05]

I have no statutory function in relation to this matter.

Question No. 178 answered with QuestionNo. 88.
Question No. 179 answered with QuestionNo. 45.
Question No. 180 answered with QuestionNo. 52.
Questions Nos. 181 to 183, inclusive, answered with Question No. 6.
Question No. 184 answered with QuestionNo. 52.
Question No. 185 answered with QuestionNo. 6.

Telecommunications Services.

Bernard J. Durkan

Question:

186 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if the State should attempt to regain control of the Eircom network; and if he will make a statement on the matter. [14800/05]

Bernard J. Durkan

Question:

187 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if the time has come to divest Eircom of its ownership of the network; and if he will make a statement on the matter. [14801/05]

I propose to take Questions Nos. 186 and 187 together.

The regulation of telecommunications operators, including Eircom, is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU regulatory framework for electronic communications. It would not be within the power of the Government to divest Eircom of its ownership of the network.

Bernard J. Durkan

Question:

188 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if the control of the telephone network by Eircom is impacting negatively on other telecoms operators; and if he will make a statement on the matter. [14802/05]

The regulation of telecommunications operators is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU regulatory framework for electronic communications. I have no function in the matter.

Bernard J. Durkan

Question:

189 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans to open up the mobile phone market to a fourth or fifth operator; the reason he believes that despite the presence of some competition in the market, prices have not yet reached the levels enjoyed by other European countries; and if he will make a statement on the matter. [14803/05]

I have no function in the regulation of prices for phone services or the number of likely participants in the provision of mobile phone services in the future. The regulation of telecommunications operators is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU regulatory framework for electronic communications.

As Minister for Communications, Marine and Natural Resources, I have responsibility for overall telecoms policy. My main goal in this policy is to create conditions for sustainable growth and competition that will benefit the economic and social development of Ireland and facilitate the provision of competitive services.

I have no information to indicate that Irish mobile charges are generally the highest in Europe. However, ComReg's quarterly key data for the Irish communications market for Q4 2004 indicate that the Irish mobile operators' average revenue per user is the second highest in Europe. Switzerland has the highest.

The Deputy will be aware that in February 2005 ComReg designated Vodafone and O2 as having joint dominance in the wholesale mobile access and call origination market. Following on from this, in March of this year, ComReg placed an obligation on Vodafone and O2 requiring it to provide access to other companies on its networks.

Vodafone, O2 and Meteor have notified me that they wish to appeal to an appeal panel ComReg's finding of joint dominance and the resulting obligations imposed by ComReg on Vodafone and O2 to give other operators access to their networks. My officials are currently examining these notifications of appeal.

Port Development.

Bernard J. Durkan

Question:

190 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans for the development of ports and harbours; the likely expenditure of such ventures in 2005 and forthcoming years; and if he will make a statement on the matter. [14804/05]

The ports policy statement, published in January 2005, sets out Government policy in relation to plans for the development of ports and harbours. It is available to view on the Department's website.

The ports policy statement aims to better equip the port sector and its stakeholders to meet national and regional capacity and service needs through: better transport policy co-ordination; clearer and more focused commercial mandates for the ports and their boards; reform of the structure of port boards; encouragement of private sector investment and involvement; sanction for the use of non-core assets to fund new port development but not to mask inefficiencies; encouragement of healthy competitive conditions within and between ports; better consultation and dispute resolution between port companies and users through appropriate information sharing and arbitration mechanisms; and encouragement of mergers where a business case exists.

Ireland, as an island, is dependent on sea-borne trade and the economic significance and importance of our ports to the prosperity of the country is self-evident. Given our small, open economy, Ireland's international competitiveness is central to overall economic performance.

Our ports are vital gateways for commercial freight and sea passengers. This is highlighted by the fact that nine of the ten commercial State port companies are located in areas identified as gateways in the national spatial strategy. Almost all of Ireland's overseas trade goes by sea, underlining the commercial significance of ports and their strategic importance. Most of the ports are State-owned companies with statutory commercial mandates and operational criteria. The port companies are required to take all proper measures for the management, control, operation and development of their harbours and are required to conduct their business at all times in a cost-effective and efficient manner. This has led to a strong independence of action and a focused commercial mindset.

The Government expects that the port companies, as commercial entities, should be capable of funding their operations and infrastructure requirements without relying on Exchequer support. The port companies are, therefore, encouraged to seek financial assistance from other avenues such as private sector investment within ports.

One of the key challenges ahead is the timely provision of adequate in-time port capacity. The internal resources of our commercial ports are not sufficient in general to fund large-scale infrastructure projects. This is a significant challenge in view of the need for additional capacity at our ports over the coming years, particularly to cater for the growth in unitised trade. The Department is initially consulting with the commercial ports concerned to determine their view of port capacity and how they intend to deal with the projected capacity requirement.

The Department is interested in key projects identified by the commercial ports as essential to deal with anticipated capacity deficiencies to 2014 and beyond, and whether the ports see these being funded from their own resources or in partnership with the private sector. The policy framework encourages all port sector stakeholders to address capacity provision. The State will support capacity provision, as residual financier, but only if proven essential to progress identified high quality self-sustaining projects.

As indicated in the policy statement, it is proposed that the regional harbours still operating under the Harbours Act 1946 will be transferred to local authority or port company control.

Officials from the Departments of Communications, Marine and Natural Resources and the Environment, Heritage and Local Government are at present considering the modalities for the transfer of the regional harbours to local authority ownership.

Pending the above transfers the Department spent a total of €1.25 million in 2004 on essential works at regional harbours to protect the public and the fabric of these harbours. Consideration is being given to the need for a similar programme in 2005.

Coastal Erosion.

Bernard J. Durkan

Question:

191 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources when he expects to address areas showing signs of coastal erosion; and if he will make a statement on the matter. [14805/05]

The Department's coast protection programme seeks to address the most urgent instances of erosion on the Irish coastline. Coastal erosion affects all coastal counties and is particularly prevalent on the softer coastline in the east and south east of the country.

A value for money report carried out for the Department in March 2002 highlighted the need for a more strategic focus in addressing the problem of coastal erosion in Ireland. The Department initiated a coastal protection strategy study in 2003. The study addresses the nature and extent of erosion at various locations and different types of coastline in Ireland and seeks to identify the most effective means, technically, financially and environmentally, in responding to particular instances and types of erosion. It is expected that when this study is completed a more targeted approach to programme delivery will enable a greater level of efficiency to be achieved.

Under the coast protection measure of the National Development Plan 2000-2006, €52.01 million is identified for expenditure. Expenditure under this measure up to the end of 2004 was €32.19 million. Funding of €2.88 million is allocated to the Department for coast protection in 2005. The coastal protection programme for 2005 is under consideration at present.

Bernard J. Durkan

Question:

192 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the number of locations in respect of which coastal erosion has been noted; the extent to which he has specific plans in mind to address these issues in early date; and if he will make a statement on the matter. [14806/05]

Responsibility for coast protection rests with the property owner whether it be a local authority or a private individual. In July 2002 my Department requested all coastal local authorities to submit proposals, in order of priority, for consideration in the context of the 2003-06 national coast protection programmes. In all, 195 proposals with an estimated total value of over €120 million were submitted.

In March of this year, the local authorities were requested to submit updated lists of priority proposals and these proposals are under consideration at present in connection with the 2005 national coast protection programme.

My Department has an Exchequer funding allocation of €2.80 million for the entire country for 2005. The question of providing funding in the post-2005 period will be considered in the context of the Exchequer funding available for coast protection works going forward and overall national priorities.

Marine Safety.

Bernard J. Durkan

Question:

193 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he is satisfied regarding the extent of health and safety measures obtainable on all fishing or pleasure craft; and if he will make a statement on the matter. [14807/05]

Occupational health and safety measures on fishing vessels are the responsibility of the Health and Safety Authority as fishing vessels are considered places of work under the Safety, Health and Welfare at Work Act 1989.

The maritime safety directorate, MSD, of the Department is, among other things, the national authority with responsibility for the promotion, regulation and enforcement of maritime safety. It has an ongoing safety programme involving an appropriate combination of statutory regulation, enforcement and safety awareness promotion with the aim of achieving the highest level of safety at sea, including on fishing vessels and pleasure craft.

The MSD is implementing a comprehensive regulatory framework for fishing vessels which should ensure a higher level of safety over time. This programme is based on an approach which separates the fleet into three categories as follows: fewer than 15 m in length; 15 to 24 m in length; and over 24 m.

With regard to fishing vessels less than 15 m in length the Department published a new code of practice for these vessels last year. This code sets minimum standards of safety for the vessel to protect all persons on board. It covers vessel design, construction, machinery, safety equipment and stability issues.

A panel of surveyors has also been established by the Department to survey fishing vessels for compliance with the code. To obtain a sea-fishing boat licence a declaration must be signed by one of the surveyors on the panel signifying that the vessel is compliant with the code. This declaration remains valid for four years subject to the owner's biannual declaration.

All fishing vessels between 15 and 24 m in length are required to comply with the relevant safety, fire-fighting and radio installation regulations prior to receiving their licence. The Department is also considering additional safety requirements for this category of vessels covering vessel design and construction in particular.

Fishing boats over 24 m in length are required to carry a certificate of compliance, CoC, in respect of the vessel and this CoC is issued following a survey undertaken by the Department. The crew are also required to hold certificates of competency.

In addition to regulations governing the safety of fishing vessels, the maritime safety directorate also has in place regulations governing the safety of the crew.

The Fishing Vessel (Personal Floatation Devices) Regulations, SI 586 of 2001, came into effect on 1 March 2002. This introduced the mandatory wearing of suitable personal floatation devices by commercial fishermen while on the deck of fishing vessels.

Under the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1988 fishing vessels with engine power greater than 750 KW are also obliged to carry specified numbers of qualified engineer officers depending on the registered power of the vessel.

The Fishing Vessels (Basic Safety Training) Regulations 2001 require all crew members, before going to sea for the first time, to obtain basic safety training. Existing serving crew members are required to undertake this training on a phased basis between 2003 and 2008. The crew member must carry a commercial fishing training record book on board to demonstrate that the training has taken place.

There is also a memorandum of understanding in place between the MSD and the HSA in relation to the enforcement of the requirements of the Safety, Health and Welfare at Work (Fishing Vessels) Regulations 1999. These regulations, introduced by the Minister for Enterprise, Trade and Employment, give effect to Council Directive 93/103/EEC on the minimum health and safety requirements applicable to work on board fishing vessels. The regulations view vessel decks as workplaces, recognising the very dangerous nature of work on a fishing vessel deck. They also set out the duties of vessel owners, including duties in relation to the provision of information, training, instruction and consultation of workers.

Pleasure craft are generally not places of work so health and safety measures are the responsibility of the individual sailing the craft. To assist owners and operators of pleasure craft in their responsibility, the maritime safety directorate has developed a code of practice for the safe operation of recreational craft. This code sets out the current legislative requirements and recommended best practice regarding the safe operation of recreational craft. I intend to launch the code shortly.

The enforcement of regulations governing the safety of vessels is carried out by the staff of the maritime safety directorate.

Port Development.

Bernard J. Durkan

Question:

194 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his objectives in relation to the development of the various fishing ports throughout the country; and if he will make a statement on the matter. [14808/05]

The national development plan sets out the programme objectives for fishery harbour development, that is, the development and construction of fishery harbour and related facilities at key strategic fishery harbours and the construction and improvement of berthage at smaller harbours and landing places. The plan provides €84.35 million for capital investment in fishery harbours infrastructure and facilities over the period 2000-06. Up to the end of 2004 the Department has spent €102.2 million under this programme. The total allocation for 2005 is €20.55 million.

This year's allocation includes funding for various projects including funds to progress: the development of Castletownbere fishery harbour centre involving extension of Dinish Wharf, remedial works to the existing quay and the provision of a suitable harbour services building; the development of new ferry berths at Rossaveel fishery harbour centre — this development is jointly funded by the Department and the Department of Community, Rural and Gaeltacht Affairs; the development options at Dunmore East fishery harbour centre; and the upgrading and modernisation of Port Oriel, Clogherhead, which is owned by Louth County Council. The county council will contribute 25% of the cost of this development.

Funding is also provided for projects at smaller harbours and landing places right around the coast to meet the needs of local fishing and aquaculture interests and coastal communities. The completion of the programme in future years will be dependent on the availability of funding.

Fishing Industry.

Bernard J. Durkan

Question:

195 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he proposes to extend compensation payments to sea fishing families displaced or likely to be displaced arising from EU or other conservation measures; and if he will make a statement on the matter. [14809/05]

Bernard J. Durkan

Question:

198 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he proposes to make compensatory payments to families dependent on sea fishing in view of the need to introduce conservation measures; and if he will make a statement on the matter. [14812/05]

I propose to take Questions Nos. 195 and 198 together.

There is no specific funding mechanism available to the Department to alleviate financial hardship in the manner suggested. EU conservation measures are designed and implemented to maintain the viability of commercial fish stocks into the future and thus to protect the livelihoods of families dependent on fishing. The Government's long-term strategy for the sustainable development of the fishing industry shares these objectives. As part of this strategy, I announced a number of new measures last week, including the introduction of a new decommissioning scheme to remove excess capacity from the whitefish fleet, and a review of fleet structure and available fishing opportunities in the whitefish sector. This approach is the best way to protect livelihoods in fishing dependent coastal communities.

Bernard J. Durkan

Question:

196 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans to compensate salmon fishermen in view of likely necessary conservation proposals; and if he will make a statement on the matter. [14810/05]

Bernard J. Durkan

Question:

199 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he proposes to make payments to families dependent on salmon fishing; if his attention has been drawn to the similar payment systems or proposed in other jurisdictions; and if he will make a statement on the matter. [14813/05]

Bernard J. Durkan

Question:

201 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has in mind realistic compensation proposals for driftnet fishermen with a view to replacement of income foregone due to necessary conservation measures; and if he will make a statement on the matter. [14815/05]

I propose to take Questions Nos. 196, 199 and 201 together.

I have no plans to provide compensation for salmon fishermen arising from necessary reductions in total allowable catch required to sustain and rebuild salmon stocks. Since 2002 the Government has promoted the application of quotas on commercial fishing and bag limits on angling to achieve catch reductions as the best instrument available to achieve the restoration of salmon stocks. The overriding objective of the Government is to preserve the salmon resource in its own right and for the coastal and rural communities that it helps to support. The economic goals for a sustainable commercial salmon fishery, based on quality and value rather than volume, and the development of salmon angling as an important tourism product are both fully compatible with the Government's primary objective.

A quality and value strategy consists of improving how fish are handled, post catching, to ensure that the maximum price per fish is obtained. This approach maintains or increases the overall income derived from the fishery even when the total catch is reduced. I am advised that Bord Iascaigh Mhara is working, with some success, to yield an improvement in the price of salmon through the Irish wild salmon quality and marketing programme.

In so far as the compensation payment schemes adopted in other jurisdictions, I have no plans to introduce proposals to purchase commercial drift net salmon fishing licences. The Government has consistently ruled out buy-out as an effective means of achieving the restoration of salmon stocks. Moreover, no convincing case has been advanced as to the public good that would be acquired by the State in the context of a publicly funded buy-out.

As I have previously indicated to the House, I am prepared to keep the matter under review. I would be open to any relevant proposals presented to me whereby stakeholders benefiting from any reduction in commercial catch would identify themselves and indicate a willingness to fund any compensation that might arise.

Fishing Fleet Protection.

Bernard J. Durkan

Question:

197 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had recent discussions with the Irish Fishermen’s Organisation in relation to proposed decommissioning of fishing boats; if he has accepted the proposals put forward by the IFO; and if he will make a statement on the matter. [14811/05]

The Irish Fishermen's Organisation has submitted a proposal for a decommissioning scheme for fishing boats targeting bivalve molluscs which I have examined. However, taking all matters into account including the funding available to me, my priority is to address the current imbalance between fishing capacity and fishing opportunities in key fisheries subject to restrictive quotas such as monkfish, hake and cod. Accordingly, I announced last week a new grant aid scheme to remove excess capacity from the whitefish sector of the fleet.

Question No. 198 answered with QuestionNo. 195.
Question No. 199 answered with QuestionNo. 196.

Fisheries Protection.

Bernard J. Durkan

Question:

200 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which salmon, sea trout, brown and rainbow trout stocks have fluctuated in the past ten years; the measures taken or proposed to ensure the adequacy of stock for the future; and if he will make a statement on the matter. [14814/05]

Under the Fisheries Acts, primary responsibility for the conservation and management of salmon, sea trout, brown trout and rainbow trout stocks rests with the central and regional fisheries boards. It has not been possible within the time available to gather the relevant information sought by the Deputy from the boards. I have however asked the chief executive officer of the central fisheries board to compile a full report on the status of these stocks over the period mentioned and to forward this directly to the Deputy as soon as possible.

Question No. 201 answered with QuestionNo. 196.

Bernard J. Durkan

Question:

202 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the nature of the discussions he has had with the various salmon fishing interests with particular reference to conservation needs; and if he will make a statement on the matter. [14816/05]

I have met with various fishing interests on a broad range of issues. The National Salmon Commission, however, is a statutory body established by the Fisheries (Amendment) Act 1999, which includes representatives of the commercial salmon fishing sector, the angling sector and other relevant stakeholders. The commission assists and advises me, as Minister of State with responsibility for the marine, on the conservation, management, protection and development of the national salmon resource. It also makes recommendations to me in relation to the management, development and conservation of stocks of wild salmon or sea trout, the tagging of such fish and the setting of a national total allowable catch and quotas for the taking of salmon, in consultation with the fisheries boards, the Marine Institute and other such bodies.

Since 2002, the Government has implemented a strategy to ensure, through progressive reductions in the commercial salmon catch, that the conservation limits recommended by the National Salmon Commission are being reached. This policy of promoting the application of quotas on commercial fishing and bag limits on angling has delivered significant overall catch reductions aimed at achieving the Government's prime objective of restoration of salmon stocks. I met with and heard the views of the stakeholder members of the commission in February at the time when they finalised consideration of their recommendations on the wild salmon and sea trout tagging scheme for 2005. I also received submissions from various salmon fishing interests in response to the public consultation exercise on the tagging scheme regulations.

The term of office for the outgoing National Salmon Commission ended on 25 March 2005 and I intend to appoint a new membership in the near future. In response to my invitation, I have received submissions from numerous bodies and organisations which have declared an interest in being considered for membership of the new commission and in doing so have set out their views on the wild salmon fishery. I will be asking the new salmon commission to progress, as an immediate priority of national policy, the specific recommendation made by the outgoing commission to align the exploitation of salmon on the scientific advice by 2007. In particular, I will be asking the new commission to advise me as to how best these recommendations can be implemented, bearing in mind the primary requirement to ensure the future biological viability of the salmon resource in all catchments and also the needs of all stakeholders, including those who derive their living from the wild salmon resource.

Departmental Correspondence.

Michael Lowry

Question:

203 Mr. Lowry asked the Minister for Communications, Marine and Natural Resources if correspondence from an organisation has been brought to his attention (details supplied) in County Tipperary; his views on the level of dissatisfaction expressed in same; the steps he will take with the organisation to enhance the levels of service; and if he will make a statement on the matter. [14818/05]

The Deputy furnished me with a copy of the correspondence referred to in his question. I was not an addressee on this correspondence and, therefore, I had not seen it nor am I a party to it. Having read the correspondence, however, I can say that the issue referred to therein is a day to day operational matter for the addressee and not one in which I have a function.

Ministerial Appointments.

Michael Lowry

Question:

204 Mr. Lowry asked the Minister for Communications, Marine and Natural Resources if he will meet with a group (details supplied) as a matter of urgency. [14819/05]

At my specific request, the Department included the views of the group in question in a comprehensive report which I am reviewing. I will consider a meeting the group and will notify the Deputy of my decision in due course.

Common Foreign and Security Policy.

Pat Carey

Question:

205 Mr. Carey asked the Minister for Foreign Affairs the action the Government is taking, either unilaterally or with other EU Governments or through the UN to address concerns regarding Iran’s drive to gain access to nuclear weapons, human rights abuses in Iran and concerns that the theocratically controlled Government be replaced by a secular democratic government that is inclusive and accountable to the people of Iran; if there is concern that developments in Iran may have a detrimental effect on global stability; and if he will make a statement on the matter. [14628/05]

Ireland, and the EU as a whole, have a number of long-standing concerns in relation to Iran. These include concerns about aspects of Iran's nuclear programme, human rights issues, Iran's responsibilities in the fight against terrorism, and Iran's attitude to the Middle East peace process. These concerns were reiterated most recently by the European Council in December 2004. In seeking to address these concerns, the EU is engaged with Iran in a number of areas in an effort to achieve progress by dialogue and negotiation. Following the Paris agreement with Iran in November 2004, the EU is engaged in negotiations with Iran aimed at reaching, as an integrated package, an agreement governing political relations, a trade and co-operation agreement and a lasting resolution of the nuclear issue. These negotiations are being advanced in formal sessions in Brussels and Tehran and in working groups at Geneva between the UK, Germany and France, along with the Presidency and High Representative Solana and Iran. The most recent working group meetings took place on 19 April. I refer the Deputy also to my detailed statement on this issue in reply to Question No. 34 on 28 April 2005.

The EU engages with Iran on human rights issues through a formal EU-Iran Human rights dialogue. We have been concerned that, after some initial improvement, progress in improving human rights protection in Iran has been disappointing. The General Affairs and External Relations Council in October 2004 concluded that the dialogue had not so far produced worthwhile results, but that it still offered potential for engaging with Iran on the issue. The Council decided to send a troika mission to Iran to discuss ways to improve the operation of the dialogue. The troika mission has just visited Tehran, on 27 April, and we will be considering its findings at working group level and in due course at the General Affairs and External Relations Council. The EU is engaging with Iran in these various contexts in a genuine and forthright manner and is committed to seeking agreements which will resolve existing concerns and put the relations between the EU and Iran on a better footing. Success will depend on the extent to which Iran is prepared genuinely to seek to reach agreement with us.

Human Rights Issues.

Cecilia Keaveney

Question:

206 Cecilia Keaveney asked the Minister for Foreign Affairs if his attention has been drawn to the status of the Nobel Laureate and democracy leader of Burma, Aung San Suu Kyi and her ongoing house arrest; and if he will make a statement on the matter. [14638/05]

I refer the Deputy to the reply to Questions Nos. 7, 24, 29, 67 and 74 of 28 April 2005, a copy of which is set out below:

The Government has consistently condemned the lack of progress towards democracy in Burma and the continuing abuse of human rights and fundamental freedoms in that country. Together with our EU partners, we remain gravely concerned about the continuing house arrest of Daw Aung San Suu Kyi, other opposition activists and a number of MPs elected in 1990. On 2 December 2004, the Minister for Foreign Affairs issued a statement condemning the decision of the Burmese Government to extend the detention under house arrest of Aung San Suu Kyi for another year. The Minister also called on the Burmese authorities to allow the special envoy of the Secretary General, Razali Ismail, to travel to Burma at the earliest opportunity, including for the purpose of visiting Aung San Suu Kyi. The EU Presidency issued a similar statement on 10 December 2004.

On 2 March 2005, the Minister for Foreign Affairs met Harn Yawnghwe, Director of the European Office for the Development of Democracy in Burma, which is a joint project of the European Commission and the Olaf Palme International Centre of Sweden. Mr. Yawnghwe was accompanied by members of Burma Action Ireland. The meeting provided a useful opportunity to reiterate the Government's position in support of democracy, human rights and national reconciliation in Burma and also to detail Ireland's response to the impact in that country of the recent tsunami. The discussions also looked forward to the EU-ASEAN foreign ministers meeting scheduled for later that month.

I represented Ireland at this meeting which was held in Jakarta from 10 to 11 March 2005. The meeting included a frank exchange of views on the situation in Burma. Together with my EU colleagues, I was the first speaker to call for the immediate release of Aung San Suu Kyi, the re-opening of all National League for Democracy offices and the full involvement of all opposition parties and ethnic groups in the work of the National Convention which had resumed deliberations on 17 February 2005 but without participation by the opposition. Ireland and our EU partners again urged Burma to allow full access to the special representative of the UN Secretary General who last visited that country in March 2004. Unfortunately, the National Convention, in the absence of the main opposition, lacked credibility and it was adjourned on 31 March 2005 by the Burmese authorities to an unspecified date in the autumn. On 14 April 2005, the United Nations Commission on Human Rights passed without a vote a resolution introduced by the EU and co-sponsored by Ireland criticising systematic violation of human rights in Burma, calling for the restoration of democracy and freedom for all political prisoners, including Aung San Suu Kyi. When the UN Secretary General, Kofi Annan, met the Burmese Prime Minister, Than Shwe, during the Asia-Africa summit in Jakarta on 23 April 2005, he repeated the concern of the international community about the detention of Aung San Suu Kyi and the need for democratic reform.

In response to the lack of progress in Burma, on 25 April 2005, the General Affairs and External Relations Council agreed to extend the EU Common Position on Burma for a further 12 months. The Common Position includes a visa ban on named senior members of the Burmese regime and members of their families aged over 18 years as well as a freeze on all their financial assets in the European Union. It also prohibits EU-registered companies from financing loans to named Burmese state-owned enterprises. The forthcoming ASEM, Asia-Europe foreign ministers' meeting, which is scheduled for 6 to 7 May 2005 in Kyoto, will provide an early opportunity to reiterate EU concerns about the situation in Burma to the Burmese authorities and their Asian neighbours.

While the members of ASEAN generally defend the principle of non-interference in each other's internal affairs, concern that the rotating chairmanship of the organisation is due to be held by Burma in 2006 has been growing among a number of its members. The ASEAN foreign ministers held an informal meeting in the Philippines on 11 and 12 April and agreed to defer a decision on this issue until their formal ministerial meeting in Laos in July. On 20 April 2005, the Philippines Senate unanimously approved a resolution that Burma should not assume the chairmanship of ASEAN in 2006 unless there had been an improvement in the human rights situation, including the freeing of Aung San Suu Kyi. Ireland and our EU partners, however, wish to see Burma's neighbours pressing much more strongly for progress towards democracy in that country.

The EU will now await the outcome of the ASEAN Foreign Ministers meeting in Laos in July before taking a decision on the question of the Union's presence or otherwise at the Asia Regional Forum and ASEAN post-ministerial meetings during 2006. We are aware that the United States indicated last year that it would not attend ASEAN-related meetings with Burma in the chair. However, it is appropriate in the context of EU-ASEAN relations to allow for further discussion of this issue in ASEAN before coming to a decision on the EU's position. Regarding the outcome of the National Convention, now standing adjourned once more, it is clear that an eventual outcome falling short of minimum democratic standards would not be acceptable to Ireland or the EU.

Cecilia Keaveney

Question:

207 Cecilia Keaveney asked the Minister for Foreign Affairs if his attention has been drawn to the status of the investigation into the disappearance of a person (details supplied) in Belarus; and if he will make a statement on the matter. [14639/05]

The disappearance of Mr. Victor Gonchar, formerly deputy speaker of the Belarus Parliament, is one of a group of four disappearances dating back to 1999-2000 which have never been satisfactorily investigated by the Belarus authorities despite sustained international pressure. In my reply to an oral question about the political situation in Belarus on 28 April, I mentioned that the latest resolution adopted by the Commission on Human Rights about Belarus again urged the Government of Belarus to respond urgently to a number of cases of grave human rights abuses, dating back several years, which it has failed to clarify; and that these included disappearances. Ireland, along with all other EU member states, the United States of America and Canada co-sponsored the resolution.

The Pourgourides report of the Parliamentary Assembly of the Council of Europe — named after the rapporteur of the Parliamentary Assembly's committee on legal affairs and human rights who produced it in January 2004 — alerted the international community to the issue. The report concluded that a proper investigation of four disappearances in the period 1999-2000 had not been carried out and that there were reasons to believe there had been a high-level cover up. In addition to Mr. Victor Gonchar, the persons in question are his friend Mr. Anatoli Krasovski, a former Minister of the Interior, Mr. Yuri Zakharenko and a cameraman for a Russian TV channel, Mr. Dmitri Zvadski.

Throughout last year, including in the run up to the parliamentary elections and referendum of 17 October, the EU singled out these cases on all appropriate occasions. The Council conclusions of 22 November, the Council's most recent comprehensive statement of policy on Belarus, again urged the Belarus authorities to conduct an independent investigation of the disappearances of three opposition politicians and a journalist in 1999-2000 and to bring the perpetrators of these crimes to justice.

In view of the gravity of the crimes and of the absence of any appropriate response from the Belarus authorities, the EU in December 2004 placed a visa ban on four persons responsible for, but who failed to initiate, an independent investigation and prosecution. Considered by the Pourgourides report to be key actors in the disappearances and the subsequent cover up, the four persons whose entry or transit through their territory EU member states are required to prevent are Sivakov, Yury Leonidovitch, Minister of Tourism and Sport of Belarus, Sheyman, Victor Vladimirovich, head of presidential administration of Belarus, Pavlichenko, Dmitri Valeriyevich, officer of the special forces of Belarus, Naumov, Vladimir Vladimirovich, Minister of the Interior.

The unsatisfactory situation with respect to these disappearances is an egregious example of the general lack of progress towards democracy, the rule of law and respect for human rights in Belarus which continues to impede EU and bilateral relations with that country.

Cecilia Keaveney

Question:

208 Cecilia Keaveney asked the Minister for Foreign Affairs if his attention has been drawn to the status of the investigation into the deaths of Burundi Members of Parliament, Mr. Mfayokurena and Mr. Ndikumana (details supplied); and if he will make a statement on the matter. [14640/05]

Mr. Sylvestre Mfayokurera, a member of the then Burundian Parliament, was assassinated in August 1994 while Mr. Innocent Ndikumana, also a member of Parliament, was attacked and killed by a group of Tutsi militia on 16 December 1995. Both men had been elected to parliament as members of the Hutu FRODEBU party in 1993. To date, no persons have been charged or convicted in connection with either killing. I understand, however, that one of the suspects in the murder of Mr. Mfayokurera has since been apprehended in connection with another crime while arrest warrants have now been issued for two people suspected of murdering Mr. Ndikumana. I also understand that a working group of the transitional national assembly, which replaced the Parliament, was established in April 2003 to consider, in conjunction with the Burundian public prosecutor and the Burundian government, how the investigations into the murder of a number of parliamentarians could be reactivated.

The failure to apprehend those responsible for killing Mr. Mfayokurera and Mr. Ndikumana highlights the general problem of impunity in Burundi and the need for greater efforts on the part of the Burundian Government to strengthen the rule of law and put in place an effective system of justice in the country, following the long period of conflict from which that country is emerging. This is an issue which the Irish Government has consistently raised in bilateral discussions with the Burundian Government, especially, in the context of the murder of Archbishop Michael Courtney in 2003. Ireland and its EU partners played a key role in ensuring adoption of a consensus resolution at the recent session of the Commission on Human Rights, calling upon the Burundian Government to ensure that those responsible for serious human rights crimes, such as the murders of Mr. Mfayokurera and Mr. Ndikumana, are brought to justice. The resolution also provides for appointment of an independent expert to continue examining the situation of human rights in Burundi.

It is encouraging that President Ndayizeye signed into law in January 2005 the legislation providing for the establishment of the national truth and reconciliation commission, as required under the terms of the Arusha peace accords of 2000. On 11 March 2005, UN Secretary General Annan recommended to the UN Security Council that the commission should be complemented by the establishment of a special chamber within the Burundian justice system for the purpose of trying those suspected of genocide, crimes against humanity and war crimes committed since Burundi attained its independence in 1962. The Security Council is still considering the Secretary General's proposals which are intended to help strengthen the judicial system within Burundi. The progress in initiating the truth and reconciliation process in Burundi will hopefully contribute to renewed investigation into the murders of Mr. Mfayokurera and Mr. Ndikumana and to ensuring that those responsible are apprehended and finally brought to justice.

Cecilia Keaveney

Question:

209 Cecilia Keaveney asked the Minister for Foreign Affairs if his attention has been drawn to the status of the investigation into attempts on the life of a person (details supplied) of Burundi; and if he will make a statement on the matter. [14641/05]

Mr. Norbert Ndihokubwayo, currently assistant secretary general of the Hutu FRODEBU parliamentary group in the Burundian transitional national assembly, was the subject of two unsuccessful assassination attempts in September 1994 and December 1995. He was a member of the Burundian parliament at that time. Following these events, Mr. Ndihokubwayo fled into exile, though he returned to Burundi in December 2001 and resumed his parliamentary duties. To date, no person has been charged or convicted in connection with these attempts on Mr. Ndihokubwayo's life. I understand that a working group of the transitional national assembly, which replaced the parliament, was established in April 2003 in order to consider, in conjunction with the Burundian public prosecutor and the Burundian Government, how the investigation into the attempted assassination could be reactivated. The case of Mr. Ndihokubwayo highlights the general problem of impunity in Burundi and the need for greater efforts on the part of the Burundian Government to strengthen the rule of law and put in place an effective system of justice in the country, following the long period of conflict from which that country is emerging.

This is an issue which the Irish Government has consistently raised in bilateral discussions with the Burundian Government, especially in the context of the murder of Archbishop Michael Courtney in 2003. Ireland and its EU partners played a key role in ensuring adoption of a consensus resolution at the recent session of the Commission on Human Rights calling upon the Burundian Government to ensure that those responsible for serious human rights crimes, such as the attempted murder of Mr. Ndihokubwayo, are brought to justice. The resolution also provides for appointment of an independent expert to continue examining the situation of human rights in Burundi.

It is encouraging that President Ndayizeye signed into law in January 2005 the legislation providing for the establishment of the national truth and reconciliation commission, as required under the terms of the Arusha peace accords of 2000. On 11 March 2005, UN Secretary General Annan recommended to the UN Security Council that the commission should be complemented by the establishment of a special chamber within the Burundian justice system, for the purpose of trying those suspected of genocide, crimes against humanity and war crimes committed since Burundi attained its independence in 1962. The Security Council is still considering the Secretary General's proposals which are intended to help strengthen the judicial system within Burundi.

The progress in initiating the truth and reconciliation process in Burundi will hopefully contribute to a renewed and more successful investigation into the circumstances of the attempted murder of Mr. Ndihokubwayo and to ensuring that those responsible are apprehended and finally brought to justice.

Cecilia Keaveney

Question:

210 Cecilia Keaveney asked the Minister for Foreign Affairs if his attention has been drawn to the status of the investigation into the dismissing from the Parliament of Cambodia of persons, Mr. Chang Song, Mr. Siphan Phay and Mr. Savath Pou; and if he will make a statement on the matter. [14642/05]

I am aware that the governing council of the Inter-Parliamentary Union, IPU, adopted a resolution on 8 April 2005 concerning the dismissal of Mr. Chang Song, Mr. Siphan Phay and Mr. Savath Phou from the Cambodian Senate in 2001. I understand that their dismissal from Parliament followed on their expulsion from the Cambodian People's Party.

In this regard, Ireland and its EU partners continue to monitor the political situation in Cambodia, including the position of parliamentarians. On 10 February 2005, for example, the EU issued a statement expressing concern at the decision by the Cambodian government on 3 February 2005 to suspend the parliamentary immunity of three members of the opposition, and to arrest one of them.

Ireland, together with EU partners, co-sponsored a resolution on advisory services and technical co-operation in the field of human rights in Cambodia at the recent session of the Commission on Human Rights in Geneva. The resolution, which was adopted on 20 April, urged the Cambodian Government to continue to strengthen its efforts to establish the rule of law, including through the adoption and implementation of essential laws and codes for establishing a democratic society. It also called on the Cambodian government to continue to address, as a matter of priority, the problem of impunity and to continue to strengthen its judicial reform efforts. The resolution also called on the Cambodian authorities to continue to create an environment conducive to the conduct of legitimate political activity and to continue its efforts to improve good governance.

Cecilia Keaveney

Question:

211 Cecilia Keaveney asked the Minister for Foreign Affairs if his attention has been drawn to the status of the investigation into the assassinations of persons (details supplied), all members of the Parliament of Colombia; and if he will make a statement on the matter. [14643/05]

Cecilia Keaveney

Question:

212 Cecilia Keaveney asked the Minister for Foreign Affairs the status of the investigation into the death threats against a person (details supplied) in Colombia; and if he will make a statement on the matter. [14644/05]

Cecilia Keaveney

Question:

213 Cecilia Keaveney asked the Minister for Foreign Affairs if his attention has been drawn to the status of the investigation into the kidnapping of a person (details supplied) in Colombia; and if he will make a statement on the matter. [14645/05]

I propose to take Questions Nos. 211 to 213, inclusive, together.

Ireland monitors the human rights situation in Colombia along with its partners in the European Union. The General Affairs and External Relations Council at its meeting on 13 December 2004 reiterated the EU's concern over the grave human rights and international humanitarian law situation in Colombia. In regard to the cases referred to by the Deputy, there is strong evidence of the involvement of the right-wing paramilitary group AUC, with allegations of participation by elements of the security forces in at least one instance. In some of the cases, people associated with the AUC or the security forces were detained as suspects but subsequently released or acquitted.

This illustrates the importance of tackling impunity and the need to investigate, prosecute and punish those responsible for such crimes. However, it is important to recognise that, while all the cases mentioned in these questions appear to have involved right-wing elements, other illegal armed groups in Colombia are also involved in murder, displacements, threats and kidnappings. The Deputy will recall that the left-wing guerrilla group, FARC, has held captive former Colombian presidential candidate Ingrid Betancourt as a kidnap victim since 2002, along with many other civilians. The ELN, another left-wing guerrilla group, has also explicitly stated recently that it will not cease its widespread practice of kidnapping civilians.

In the Colombian peace process, an essential element is the need for a comprehensive legal framework for the process of disarmament, demobilisation and reintegration of the illegal armed groups, based on the principles of truth, justice and reparation. This was emphasised in the Cartagena declaration which was adopted at a meeting on international support for Colombia on 3 and 4 February 2005 in Cartagena at which Ireland was represented. The Colombian Government has since then introduced a justice and peace Bill in the Colombian Congress, which it argues will provide such a framework. Ireland was actively involved in negotiating the recent chairperson's statement on the situation of human rights in Colombia which was adopted on 22 April 2005 at the 61st session of the Commission on Human Rights in Geneva. The statement appeals to the Government of Colombia increasingly to address the issue of impunity and to take action to improve the capacity and effectiveness of the judicial system and to take action where evidence of collusion with the paramilitary forces is found.

My Department will continue to monitor the situation in Colombia, and particularly the progress of the justice and peace Bill, through our embassy in Mexico City, as well as in co-operation with our EU partners with resident embassies in Colombia.

EU Directives.

Eamon Ryan

Question:

214 Mr. Eamon Ryan asked the Minister for Foreign Affairs the European directives in his Department that are awaiting full implementation. [14650/05]

There are no directives awaiting implementation in the Department of Foreign Affairs.

Vetting Procedures.

Pat Rabbitte

Question:

215 Mr. Rabbitte asked the Minister for Foreign Affairs the procedures he follows in relation to vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14703/05]

The advisory board for Development Co-operation Ireland was established in 2002 to provide general oversight and advice to the Minister for Foreign Affairs on the strategic direction of the Government's programme of assistance to developing countries. All members serve in a voluntary capacity for a term of three years. They are appointed on the basis of their individual expertise and ability to contribute to the work of the board.

The advisory board has recently been included as a prescribed public body under the Ethics in Public Office Regulations 2004, SI No. 699 of 2004. As of 1 January, if any member has a material interest in a function that falls to be performed, he or she is obliged to declare that interest in writing, to the other members of the board. Board members are required to provide an annual statement which will either be a nil-return form or a statement-of-interests form to the executive secretary to the board and to the standards commission by 31 January 2006 in respect of the calendar year 2005. The practice relating to appointments to the other three boards and committees under the aegis of the Department of Foreign Affairs, namely, the development education advisory board, Díon committee — an advisory committee to the Government established in response to concerns about the situation of Irish emigrants in Britain — and the Ireland-United States commission for educational exchange, or the Fulbright Commission, is to appoint people who have a proven track record in each board's area of competence as well as a keen awareness of the particular issues arising in these areas. All members of these bodies serve in a voluntary capacity with the exception of the chairperson and secretary of the Díon committee who are officials at the Irish Embassy in London.

As the Deputy will be aware, as Minister for Communications, Marine and Natural Resources I wrote to the Minister for Finance suggesting that tax clearance certificates should be required of persons appointed to boards. I understand that the Minister for Finance is currently considering the matter. When the Minister has completed these considerations, I will review the situation in my Department.

Human Rights Issues.

Aengus Ó Snodaigh

Question:

216 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the reason Ireland voted against Cuba’s draft resolution at the 61st session of the UN Commission on Human Rights on the question of allowing independent investigation into the situation of detainees at the United States naval base in Guantanamo, which was defeated on 15 April 2005. [14795/05]

The Government has on a number of occasions made known its concerns to the US Government regarding the treatment and status of the detainees held at Guantanamo Bay. It shares the view of the European Parliament that these detainees should be treated in accordance with the requirements of international human rights and humanitarian law. The Government also, of course, recognises the danger posed by terrorist networks such as al-Qaeda. Together with our EU partners, we remain committed to countering all forms of terrorism, while upholding the highest standards of international human rights and humanitarian law.

The draft resolution on the detainees in Guantanamo Bay, to which the Deputy refers, was tabled at the Commission on Human Rights by the delegation of Cuba on 14 April 2005. The draft resolution was defeated in a vote taken on 21 April 2005, with all EU partners who are members of the Commission, including Ireland, voting against, following full and detailed consideration of the issue. The draft resolution was opposed by 22 commission members and supported by eight. The reasons Ireland and its partners voted against the draft resolution were given in a statement explaining our vote, delivered by the Netherlands on behalf of the EU Presidency. The statement reiterated the EU's condemnation of all acts of terrorism, while emphasising its commitment to human rights and international humanitarian law standards for the Guantanamo detainees. The statement noted that resolutions on the protection of human rights in the context of the fight against terrorism and of arbitrary detention already addressed the fundamental issues underlying the Cuban draft resolution. The resolutions are strongly supported in the Commission on Human Rights by the EU.

There was a request in the draft resolution for the United States to co-operate with the special procedures of the commission which are, in effect, special rapporteurs and independent experts on the issues in question. The EU statement recalled the fundamental importance it attaches to full co-operation by all states with these mechanisms. It noted with satisfaction that the United States has already started discussions on the modalities for a visit by special procedures to Guantanamo Bay and indicated that the EU would welcome an early visit. The EU statement also noted that some countries, including Cuba, refuse to allow such visits to their own territories and prisons and called on these countries to change their attitude. In this regard, the EU statement observed that introducing a resolution calling on the United States to act in manner which Cuba refused to do, risks damage to the work and credibility of the commission.

I understand that the United States has facilitated regular visits by the International Committee of the Red Cross to Guantanamo Bay. The ICRC does not have access to prisons maintained by the Cuban Government. I would welcome an early decision by the United States Government to facilitate a visit by special procedures of the CHR to Guantanamo Bay.

Human Rights Issues.

Aengus Ó Snodaigh

Question:

217 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will report on his discussions with the British authorities regarding the current hate campaign against Travellers in Britain. [14796/05]

The Government is committed to supporting front-line organisations which provide advice, counselling and support services to Irish people in need in Britain, including of course members of the Traveller community. The Government funds such agencies in Britain through the Díon fund. More than €22 million has been distributed since it was established in 1984.

Officials of the Irish Embassy in London continue to monitor closely the issue of Travellers in Britain and to maintain very open lines of communication with the various representative bodies and interested parties. To this end, embassy officials have been in contact with the incoming chief executive of the Irish Travellers' Movement, while officials of the Irish abroad unit and the embassy earlier this year met with Travellers' representatives and also visited various Traveller sites.

The particular needs of the Traveller community remain a priority area for Díon funding. Four organisations focused on helping travellers in Britain, which promote culturally appropriate initiatives in this regard, benefited from Díon funding last year, receiving a total of €226,560. In addition to this, a great many of the groups supported by the Díon fund offer services which are accessed by Travellers. We will continue to monitor the situation closely.

EU Directives.

Eamon Ryan

Question:

218 Mr. Eamon Ryan asked the Minister for Arts, Sport and Tourism the European directives in his Department that are awaiting full implementation. [14651/05]

There are no European directives for which my Department has responsibility that are awaiting full implementation.

Vetting Procedures.

Pat Rabbitte

Question:

219 Mr. Rabbitte asked the Minister for Arts, Sport and Tourism the procedures he follows in relation to vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14704/05]

In making appointments to State boards, I take into consideration the expertise and overall knowledge and experience the appointee will bring to the board in question. I also have regard, as far as possible, to gender balance requirements. I do not undertake any detailed vetting of such appointees.

As regards tax compliance by persons being considered for appointment to State boards, the Department of Finance, in conjunction with my own and other relevant Departments, has been considering whether tax clearance certificates can and should be required of such persons. Based on the outcome of that process, the Minister for Finance will consider further with his Cabinet colleagues whether any change to the existing arrangements is appropriate or not and I will contribute to that consideration.

Employment Support Services.

Arthur Morgan

Question:

220 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the measures which were taken by his Department to prevent the loss of 290 jobs at plants (details supplied) in Dublin and Greenore, County Louth; the contacts he has had with unions involved; and the measures he will take to replace these jobs. [14621/05]

On 4 October 2004, Coca Cola Bottlers Ireland, CCBI, announced that it intended to close its three manufacturing plants and concentrate all of its manufacturing in one new plant. None of the three existing sites was deemed to be large enough, nor did any of them have access to sufficient water of the necessary quality to accommodate the new project.

Since then, Enterprise Ireland worked very closely with CCBI to try and have the new plant located here. I met with Enterprise Ireland and with union and worker representatives on 9 February 2005, to discuss the matter. The key determinant of the new location was always going to be access to quality ground water. Locations were tested both north and south of the Border and a new site in west Lisburn was chosen. I am satisfied that everything that could have been done was done to try to secure the new project.

Yesterday, Enterprise Ireland met with local interests in Greenore who have been affected by the CCBI decision. The outcome of the meeting is that the State agencies, including Enterprise Ireland, IDA Ireland, the county enterprise board and FÁS, which were all represented at the meeting, will work together to facilitate the development of new business on the Greenore site and to provide the full range of supports possible to those workers who are to lose their jobs.

EU Directives.

Eamon Ryan

Question:

221 Mr. Eamon Ryan asked the Minister for Enterprise, Trade and Employment the European directives in his Department that are awaiting full implementation. [14652/05]

The current position on the transposition of EU directives for which my Department is responsible, indicates a total of 29 directives to be implemented, including nine for which the deadline for implementation, in full or in part, has passed. Details of the directives, including, in so far as it has been decided, the proposed transposition instruments, are available on my Department's website at www.entemp.ie/trade/eudirectives

Vetting Procedures.

Pat Rabbitte

Question:

222 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment the procedures he follows in relation to vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14705/05]

Appointments to State boards under the aegis of my Department, are made with due regard to the provisions of the legislation under which the body was established, and are made on the basis of the relevant experience and skills of the individuals concerned. Other issues such as gender are also taken into consideration.

In general, State-sponsored bodies are covered by the code of practice for the governance of State bodies and a copy of this code is given to all directors on appointment. It is a matter for each agency to ensure that the code of practice is complied with in so far as it relates to the conduct of its directors.

As regards tax compliance by persons being considered for appointment to State boards, the Department of Finance, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of such persons. Based on the outcome of that process, that Department will consider further whether any change to existing arrangements is appropriate.

EU Directives.

Eamon Ryan

Question:

223 Mr. Eamon Ryan asked the Minister for Social and Family Affairs the European directives in his Department that are awaiting full implementation. [14653/05]

There is one directive which falls within the responsibility of my Department which has not yet been fully implemented. This is EC Council Directive 2003/41/EC on the activities and supervision of Institutions for Occupational Retirement Provision — more generally known as the IORPs directive. This sets out a framework for the operation and supervision of occupational pension schemes in all member states and will facilitate pan-European pension plans. Member states are required to have the provisions of the directive transposed into national law by 23 September 2005.

In Ireland, the Pensions Act 1990 already provides for much of the framework set down in the directive. A number of further amendments to the Pensions Act were recently included in sections 27 to 37 of the Social Welfare and Pensions Act 2005 to ensure compliance with the directive. Regulations are also required to set out some of the more detailed requirements relating to investment rules, qualifications for trustees of schemes and cross-border arrangements. The drafting of these regulations is under way and I am confident that all the necessary legislative measures will be enacted before the transposition date of 23 September 2005.

Social Welfare Benefits.

Willie Penrose

Question:

224 Mr. Penrose asked the Minister for Social and Family Affairs if the Government will leave most of the social welfare contract with An Post and desist from encouraging persons who are social welfare recipients to utilise the banks for the deposit of their entitlements; and if he will make a statement on the matter. [14665/05]

My Department currently issues approximately 1.1 million weekly payments of which 58% are paid through An Post. My Department's policy is to ensure that a range of payment options is available to customers and that the service is continually improved by providing access to the wide range of payment options and new services and facilities now available.

Where possible, my Department provides a payment option which best suits the needs of the customers. There is no compulsion involved and there are no plans to force customers to move to a payment method that does not suit them. The increased use of electronic systems and card based technologies opens up possibilities for improved service and greater efficiency in payment delivery generally in the future. I recently met with my colleague, the Minister for Communications, Marine and Natural Resources, who is the Minister responsible for An Post, to discuss these possibilities and their future role in payment delivery in post offices.

Jack Wall

Question:

225 Mr. Wall asked the Minister for Social and Family Affairs his plans to monitor the cost of rented accommodation in each area in which his Department awards rent subsidy to ensure that applicants are in a position to obtain decent accommodation; and if he will make a statement on the matter. [14685/05]

Rent supplements are provided through the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive. My Department is in regular contact with the community welfare staff of the executive regarding the various elements of the scheme. In the course of these ongoing contacts, the upper limitation on rent levels supported under the rent supplement scheme — as prescribed in SI No. 727 of 2003 — has not emerged as having any detrimental impact on the ability of eligible tenants generally to secure suitable rented accommodation to meet their needs.

My Department is reviewing the current levels of rent limits in order in determine what limits should apply from July 2005 when the current statutory limits expire. The review is taking account of prevailing rent levels in the private rental sector generally, based on indices from the Central Statistics Office, together with detailed input and guidance from the Health Service Executive on the market situation according to patterns of rent supplement applications within each of its operational areas. This will ensure that the new rent limits reflect realistic market conditions throughout the country, to continue to enable eligible tenants to secure and retain suitable rented accommodation to meet their needs.

Decentralisation Programme.

Caoimhghín Ó Caoláin

Question:

226 Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if a decision has been made regarding the sections of his Department which will relocate to Carrickmacross, County Monaghan under the decentralisation programme; if so, the sections to be relocated; the timescale involved; and if he will make a statement on the matter. [14688/05]

The DIG or decentralisation implementation group's report to the Minister for Finance on 19 November 2004, recommended the locations and organisations to be included in the first phase of moves under the decentralisation programme and those to be regarded as potential early movers. While Carrickmacross was not included in the first phase of moves or as a potential early mover, the DIG is due to report again regarding the phasing of those locations not covered in the November report.

My Department is currently revising its implementation plan for the first phase of moves and will examine subsequent phases in light of this and of the next DIG report. My Department's commitment is to the relocation of 85 posts to Carrickmacross under the programme.

Vetting Procedures.

Pat Rabbitte

Question:

227 Mr. Rabbitte asked the Minister for Social and Family Affairs the procedures he follows in relation to vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14706/05]

The five statutory agencies operating under the aegis of my Department are the Pensions Board, the Combat Poverty Agency, Comhairle, the Family Support Agency and the Social Welfare Tribunal. In addition, the Pensions Ombudsman comes under the remit of my Department.

The Pensions Board was established in December 1990 under the Pensions Act 1990 and comprises 17 members, including the chairperson. The role of the board is to monitor and supervise the provisions of the Pensions Acts as amended, relating to occupational pensions, and to advise the Minister on all matters relating to its functions and on matters relating to pensions generally. The method of selection to the board is mainly by nomination by representative bodies as laid down in the Pensions Act.

The Combat Poverty Agency, CPA, was established in September 1986 under the Combat Poverty Agency Act 1986. The main functions of the agency are to advise the Minister for Social and Family Affairs on all aspects of economic and social planning relating to poverty, to initiate and evaluate measures aimed at overcoming poverty, and to promote greater public understanding of the nature, causes and extent of poverty and the measures necessary to overcome poverty. Persons are selected for appointment to the board on the basis of their interest and commitment in the whole area of poverty and social inclusion. Regard is also had to the Government's policy on minimum representation, that is, 40% of men and women on State boards.

Comhairle was established on 12 June 2000 under the Comhairle Act 2000 and comprises 20 members, including a chairperson. It is responsible for supporting the provision of independent information, advice and advocacy services for citizens throughout the country, including people with disabilities. The legislation provides that the board shall include five members representative of people with disabilities nominated by the Minister for Justice, Equality and Law Reform, an elected member of staff and a representative from my own Department. The remaining 13 members are representative of the following interests: health board, local authorities, local development, citizens' information centres, independent information providers and general interests. The legislation also provides that the Minister, when making appointments to the board, shall have regard to the objective of having a minimum of eight men and eight women on the board.

The Family Support Agency was established on 6 May 2003 under the Family Support Agency Act 2001 and comprises 12 members, including the chairperson. The remit of the Family Support Agency is to provide a family mediation service, support, promote and develop the provision of marriage and relationship counselling and other family supports, support, promote and develop the family and community, and to undertake research, provide and disseminate information about parenting and family issues and provide advice to the Minister on matters relating to its functions. Persons are selected for appointment to the board on the basis that they have a special interest or expertise in matters relating to the functions of the agency or matters related thereto.

The Social Welfare Tribunal is a statutory body set up in 1982 to deal with cases where entitlement to unemployment benefit or assistance is refused due to an involvement in a trade dispute. The tribunal is an independent agency. It is made up of a chairman and four ordinary members, two of whom are representative of workers and two of employers. The members are appointed by the Minister on foot of nominations by the Irish Congress of Trade Unions, ICTU, and the Irish Business Employers Confederation, IBEC. All persons nominated for membership of and appointment to the Social Welfare Tribunal are required to be in possession of a tax clearance certificate.

As regards tax compliance by persons being considered for appointment to State boards, the Department of Finance, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of such persons. Based on the outcome of that process, the Minister for Finance will consider further whether any change to the existing arrangements is appropriate. In the interim, I intend to follow the practice, which I adopted in previous Departments, whereby all nominees, whether ministerial or others that require my approval, should provide a personal declaration confirming that their tax affairs are in order.

EU Directives.

Eamon Ryan

Question:

228 Mr. Eamon Ryan asked the Minister for Transport the European directives in his Department that are awaiting full implementation. [14654/05]

European directives awaiting full implementation in my Department are outlined as follows.

Directive 2002/51/EC of the European Parliament and of the Council of 19 July 2002 on the reduction of the level of pollutant emissions from two- and three-wheel motor vehicles and amending Directive 97/24/EC.

Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC.

Directive 2000/79/EC of 27 November 2000 concerning `the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association(ERA) and the International Air Carriers Association (IACA).

Commission Directive 2004/86/EC of 5 July 2004 amending for the purposes of adapting to technical progress, Council Directive 93/93/EEC on the masses and dimensions of two or three-wheel motor vehicles.

Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002 amending Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community.

Directive 2004/3/EC of the European Parliament and of the Council of February 11, 2004 amending Council Directive 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide emissions and fuel consumption of N1 vehicles.

Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organization of the working time of persons performing mobile road transport activities.

Directives 2004/89/EC and 2004/110 of the Commission adapting for the fifth and sixth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail.

Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation.

Directive 2004/52/EC of the European Parliament and of the Council on the interoperability of electronic road toll systems in the community.

Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91/440/EC on the development of the Community's railways

Directive 2004/54/EC of the European Parliament and of the Council on Minimum Safety Requirements for Tunnels in the Trans-European Road Network.

Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification.

Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system.

Rail Network.

Jack Wall

Question:

229 Mr. Wall asked the Minister for Transport the position regarding the proposed rail links at Carlow to provide facilities for beet growers to transport beet crops to Mallow; the number of wagons necessary for same; and if he will make a statement on the matter. [14689/05]

I wish to advise the Deputy that this is a day to day operational matter for the company concerned.

Driving Tests.

Jack Wall

Question:

230 Mr. Wall asked the Minister for Transport if he will investigate the guidelines in regard to driving tests in order that minimal deficiencies in the vehicles do no impede the vehicles’ safety or road worthiness and do not cause the test applicant to be refused the test; and if he will make a statement on the matter. [14690/05]

Jack Wall

Question:

231 Mr. Wall asked the Minister for Transport the legality of tinted windows on vehicles; if his attention has been drawn to the fact that such tinted windows are not acceptable to driving test inspectors when an applicant presents such a vehicle at their driving test; and if he will make a statement on the matter. [14691/05]

I propose to take Questions Nos. 230 and 231 together.

Under the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, a vehicle must be constructed so that the driver can, at all times, have such a view of the road and of other traffic on the road as is necessary to enable him to drive safely. The regulations also provide that where a windscreen is fitted to a vehicle, it shall be of a stable substance and fully transparent so that it does not distort the driver's view of objects.

As an employer, my Department has a responsibility to take reasonable measures to ensure the safety of staff. A driver tester must have particular regard to the need for his or her own safety, the safety of the test candidate and of other road users when taking a novice driver for a driving test.

Test candidates are informed in the leaflet entitled, Final Checks for your Driving Test, which issues with the letter of appointment for the driving test, that the vehicle presented for the driving test must comply with certain standards to meet health and safety requirements. Among the requirements specified is that the windscreen must not be unduly tinted. Where a driver tester determines, subject to guidelines issued to testers, that a vehicle is not roadworthy the tester is advised not to conduct the driving test.

Public Transport.

Richard Bruton

Question:

232 Mr. Bruton asked the Minister for Transport the number of buses and the total seating capacity of buses in the Dublin Bus fleet in each year since 2001 and at the most recent date for which data is available; and the average percentage of non-availability of the bus fleet due to repairs, breakdowns or unavailability of crew. [14692/05]

I have been informed by Dublin Bus that since 2001, the company has operated a fleet of 1,062 buses. Allied to this, up to 60 contracted services are in operation.

The year-on-year fleet and seated capacity for Dublin Bus vehicles is as follows:

Year

Fleet

Seated Capacity

2001

1,062

70,270

2002

1,062

71,715

2003

1,062

73,392

2004

1,062

75,453

Dublin Bus has reconfigured its fleet virtually eliminating mini-buses and significantly reducing single-deck buses. As a consequence the capacity of the fleet has increased by 7% between 2001 and 2004. The company states that the average percentage of non-availability of the bus fleet due to repairs, breakdowns or unavailability of crew is 11%.

Quality Bus Corridors.

Richard Bruton

Question:

233 Mr. Bruton asked the Minister for Transport the number of quality bus corridors in operation in each of the years since 2001 and at the most recent date for which data is available; the total kilometre length of quality bus corridors in respect of these dates; and the number of buses and the bus seating capacity allocated to serving quality bus corridors. [14693/05]

Nine quality bus corridors, QBCs, covering a total length of some 101 km have been in operation in the Dublin area since 2001 at Malahide, Lucan, Stillorgan, Finglas, north Clondalkin, Rathfarnham, Tallaght, Swords and Blanchardstown. Extensions totalling 16 km have been added to three of these in recent years at Lucan, Stillorgan and Rathfarnham. A number of further QBC projects are due to be delivered in the course of 2005, including the orbital QBC and the South Clondalkin QBC.

Dublin Bus operates an extensive network of services involving QBC and non-QBC routes. On some services, buses may use a QBC for part of a journey. In this context, Dublin Bus has informed me that the number of buses serving QBCs currently stands at 426 with a capacity of 38,340.

Vetting Procedures.

Pat Rabbitte

Question:

234 Mr. Rabbitte asked the Minister for Transport the procedures he follows in relation to vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14707/05]

Appointments to the boards of State-sponsored bodies are made in accordance with the provisions set out in the relevant legislation. To date, it has not been the practice to request those whom it is proposed to nominate to these positions for evidence as to their tax compliance.

The Department of Finance, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of such persons. Based on the outcome of that process, the Minister for Finance will consider further with his Cabinet colleagues whether or not any change to the existing arrangements is appropriate.

EU Directives.

Eamon Ryan

Question:

235 Mr. Eamon Ryan asked the Minister for Community, Rural and Gaeltacht Affairs the European directives in his Department that are awaiting full implementation. [14655/05]

There are no European directives awaiting full implementation in my Department.

Vetting Procedures.

Pat Rabbitte

Question:

236 Mr. Rabbitte asked the Minister for Community, Rural and Gaeltacht Affairs the procedures he follows in relation to vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14708/05]

Appointments to State boards under the aegis of my Department are governed, where relevant, by the legislation establishing each particular board. In any case, where the body is prescribed in regulations made by the Minister under the Ethics in Public Office Act, normal disclosure requirements apply to members of boards, once they have been appointed.

As regards tax compliance by persons being considered for appointment to State boards, the Department of Finance, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of such persons.

Farm Retirement Scheme.

Billy Timmins

Question:

237 Mr. Timmins asked the Minister for Agriculture and Food the position regarding the case of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [14620/05]

I received the report of the joint Oireachtas committee formally on 7 April. I have asked my officials to consider the recommendations contained in the report, having due regard to the terms and conditions both of the early retirement scheme and the European Commission regulations under which both the current and previous schemes were introduced.

Martin Ferris

Question:

238 Mr. Ferris asked the Minister for Agriculture and Food when she proposes to implement the findings of the report on the early retirement scheme to provide some relief to those farmers who participated in good faith in the scheme. [14622/05]

I received the report of the joint Oireachtas committee formally on 7 April. I have asked my officials to consider the recommendations contained in the report, having due regard to the terms and conditions both of the early retirement scheme and of the European Commission regulations under which the current and previous schemes were introduced.

EU Directives.

Eamon Ryan

Question:

239 Mr. Eamon Ryan asked the Minister for Agriculture and Food the European directives in her Department that are awaiting full implementation. [14656/05]

The European directives to be implemented by my Department are set out in the following schedule.

Directives to be implemented by Department of Agriculture and Food: 16

Title of Directive

Date by which directive is to be implemented

Commission Directive 2005/16/EC of 2 March 2005 amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJL 057, 03/03/05, p. 19)

15 May 2005

Commission Directive 2005/17/EC of 2 March 2005 amending certain provisions of Directive 92/105/EEC concerning plant passports (OJL 057, 03/03/05, p. 23)

15 May 2005

Commission Directive 2005/18/EC of 2 March 2005 amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community (OJL 057, 03/03/05, p. 25)

15 May 2005

Commission Directive 2004/115/EC of 15 December 2004 amending Council Directive 90/642/EEC as regards the maximum levels for certain pesticide residues fixed therein. (OJL 374, 22/12/04, p. 64)

23 June 2005

Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii. (OJL 379, 24/12/04, p. 81)

30 June 2005

Council Directive 2004/117/EC of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries (OJL 14/01/05, p. 18)

1 October 2005

Directive 2004/28/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/82/EC on the Community code relating to veterinary medicinal products. (OJL 136, 30/04/04, p. 58)

30 October 2005

Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (OJL L139, 30/04/04, p. 321)

20 November 2005

Commission Directive 2005/13/EC of 21 February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural or forestry tractors (OJL L55, 01/03/05, p. 35)

31 December 2005

Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC (OJL 195, 02/06/04, p. 12)

1 January 2006

Commission Directive 2005/6/EC of 26 January 2005 amending Directive 71/250/EEC as regards reporting and interpretation of analytical results required under Directive 2002/32/EC (OJL 24, 27/01/05, p. 33)

16 February 2006

Commission Directive 2005/8/EC of 27 January 2005 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJL27, 29/01/05, p. 44)

16 February 2006

Commission Directive 2005/7/EC of 27 January 2005 amending Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs (OJ L27, 29/01/05, p. 41)

18 February 2006

Commission Directive 2004/97/EC of 27 September 2004 amending Commission Directive 2004/60/EC as regards time limits. (OJL 301, 28/09/04, p. 53)

28 February 2006

Council Directive 2005/24/EC of 14 March 2005 with regard to the use of ova and embryos and storage centres for semen from pure-bred breeding animals of the bovine species. (OJL 78, 24/03/05, p. 43)

24 March 2007

Council Directive 2005/25/EC of 14 March 2005 amending Annex VI to Directive 81/414/EEC as regards plant protection products containing micro-organisms. (OJL 90, 08/04/05, p. 1)

28 May 2006

Vetting Procedures.

Pat Rabbitte

Question:

240 Mr. Rabbitte asked the Minister for Agriculture and Food the procedures she follows with regard to vetting persons being considered for appointments to State boards under her aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if she will make a statement on the matter. [14709/05]

Appointments to statutory boards under the aegis of my Department are in the first instance subject to the relevant legislation governing the establishment of the board. In considering a person's suitability for appointment to such boards, I would have regard to a range of factors including any known or potential conflicts of interest. Following appointment to a board, the normal disclosure requirements under the Ethics in Public Office Acts 1995 and 2001 apply where the body is prescribed in regulations made under the 1995 Act.

As regards tax compliance by persons being considered for appointment to State boards, my Department, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of such persons. Based on the outcome of that process, I will consider further with my Cabinet colleagues whether any change to the existing arrangements is appropriate.

Farm Retirement Scheme.

Mary Upton

Question:

241 Dr. Upton asked the Minister for Agriculture and Food if she will review the age restrictions on eligibility of farmers as transferees of agricultural land; her views on whether the current age limit is ageist; and if she will make a statement on the matter. [14776/05]

The objective of the European Council regulation which governs the current early retirement scheme is structural reform through the provision of a financial incentive to older farmers to retire early to facilitate their replacement by younger farmers who are considered more likely to improve the economic viability of the holding. The regulation sets down minimum requirements which must be met but enables individual member states to set additional conditions considered necessary to meet the objectives of the scheme.

In designing the scheme my Department considered that the focus should be on younger farmers and provided for a sliding upper age limit for prospective transferees starting at 45 years and reducing annually to 40 years for applications received in 2006. This age structure continues to be supported by the representatives of young farmers. I have no plans to change the age limits.

Rural Environment Protection Scheme.

Paul Connaughton

Question:

242 Mr. Connaughton asked the Minister for Agriculture and Food if a derogation will be granted to persons (details supplied) in County Clare not to have to keep their own cattle on The Burren in County Clare as part of a REP scheme; her views on whether these persons are farming to a very high REP scheme standard and that a neighbouring farmer could provide the necessary livestock to meet REP scheme II requirements; the conditions which must apply to enable the outstanding unpaid REP scheme grants over the past two years to be awarded; and if she will make a statement on the matter. [14779/05]

The persons named have already been given such a derogation twice and are coming towards the end of the third year of their REPS contract. It is a fundamental requirement of REPS that the livestock on a holding be owned by the participant. The matter has already been examined by the independent Agriculture Appeals Office and my Department's position was upheld.

Senior officials of my Department, at their request, met one of the named persons recently and explained the requirements of the scheme. They have been asked to consider with their planner the options proposed by my officials and to respond as soon as possible. Compliance with the conditions of the scheme will enable them to keep the payments they have already received and claim further payments.

Farm Retirement Scheme.

Paul Connaughton

Question:

243 Mr. Connaughton asked the Minister for Agriculture and Food if farmers who have their land committed to the retirement pension scheme will be allowed to plant their land on cessation of the scheme in view of the fact that the owners are now retired farmers; and if she will make a statement on the matter. [14780/05]

There is no prohibition on retired farmers planting their land once their period in the early retirement scheme has ended. However, as retired farmers, they do not qualify for the higher rate of forestry premium payable to active farmers.

Grant Payments.

Paul Connaughton

Question:

244 Mr. Connaughton asked the Minister for Agriculture and Food the reason the single payment entitlements to a person (details supplied) in County Galway are so low; and if she will make a statement on the matter. [14781/05]

The person named submitted an application for consideration under both the inheritance and new entrant measures of the single payment scheme. Following processing of his application, the person named was advised that the application under the inheritance measure was successful and the inherited entitlements will be transferred to the person named. His new entrant application was unsuccessful, as he did not establish entitlements during the reference period. A statement of provisional entitlements reflecting this position will issue shortly.

Paul Connaughton

Question:

245 Mr. Connaughton asked the Minister for Agriculture and Food the exact amount of entitlements under the single payment scheme held by a person (details supplied) in County Galway; and if she will make a statement on the matter. [14782/05]

The person named submitted an application for consideration in respect of the inheritance measure of the single payment scheme. Following processing of this application, the person named has been notified that her application was successful. This will result in the person named receiving 17.50 entitlements with a total net value of €5,230.40 after reductions for modulation and the national reserve. A statement of provisional entitlements outlining this position will issue shortly to the person named. In the meantime, I have arranged for details of the named person's entitlements to be forwarded to her immediately.

Paul Connaughton

Question:

246 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding the single payment scheme entitlements for a person (details supplied) in County Galway; and if she will make a statement on the matter. [14783/05]

Records in my Department show that a statement of provisional entitlements issued to the person named on 6 August 2004. I have had arrangements made to have a further copy issued to the named person immediately.

Paul Connaughton

Question:

247 Mr. Connaughton asked the Minister for Agriculture and Food the reason a person (details supplied) in County Galway has not been granted higher single payment entitlements; if her attention has been drawn to the fact that the herd owner was very sick during the reference period and is now trying to increase their stock numbers; and if she will make a statement on the matter. [14784/05]

There are no provisions under the force majeure measure of the single farm payment scheme to grant higher or additional entitlements. Where production was affected during the reference years by an accepted case of force majeure-exceptional circumstances, a year or years may be excluded and the single farm payment calculated on a one or two year average. The person named, having been notified that the circumstances outlined by her did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee.

Following a full examination of the circumstances outlined in the appeal, the independent single payment appeals committee made a recommendation and a letter issued to the person named on 1 October 2004. The findings of the appeals committee were that the original decision taken by my Department should be upheld. The medical circumstances put forward occurred in 1993 and consequently the appeals committee did not consider that force majeure could be applied in this case.

Paul Connaughton

Question:

248 Mr. Connaughton asked the Minister for Agriculture and Food the reason a person (details supplied) in County Galway has not been credited with payment of a ten month special beef premium applied for in December 2004; and if she will make a statement on the matter. [14785/05]

The person named applied for 20 animals under the special beef premium scheme on 7 December 2004. The 60% advance payment in respect of 19 animals issued on 9 March 2005. The remaining animal was the subject of an outstanding query which has since been satisfactorily resolved. The 60% advance payment in respect of this animal, together with the interim balancing payments in respect of the 20 animals, will issue shortly to the person named.

Paul Connaughton

Question:

249 Mr. Connaughton asked the Minister for Agriculture and Food the reason entitlements under the single payment scheme in the name of a person (details supplied) in County Galway have not been awarded; and if she will make a statement on the matter. [14817/05]

The person named submitted an application for the transfer of entitlements to him on the grounds of inheritance under the single payment scheme. Following processing of this application, the person named has been notified that the application is successful and 44.44% of the entitlements, representing the land inherited by him, will be transferred to his name. A statement of provisional entitlements indicating the position in respect of the inherited entitlements will issue shortly to the person named. In the meantime, I have arranged for details of the named person's entitlements to be forwarded to him immediately.

Farm Retirement Scheme.

Michael Lowry

Question:

250 Mr. Lowry asked the Minister for Agriculture and Food her views on a scheme (details supplied); her views on a report relating to the scheme; and when she will implement the recommendations of the report. [14820/05]

I received the report of the joint Oireachtas committee formally on 7 April. I have asked my officials to consider the recommendations contained in the report, having due regard to the terms and conditions both of the early retirement scheme and of the European Commission regulations under which the current and previous schemes were introduced.

Sexual Offences.

Bernard J. Durkan

Question:

251 Mr. Durkan asked the Minister for Justice, Equality and Law Reform his proposals to combat child pornography on the Internet; and if he will make a statement on the matter. [14742/05]

The Internet is an international phenomenon. It has no borders and no single organisation controls it. Measures to combat child pornography on the Internet are therefore hampered by a multiplicity of jurisdictions and differing legal systems and societal norms. Furthermore, developments in new communications technologies allow for Internet access from many means other than the traditional personal computer. For these reasons, combating the production and availability of child pornography on the Internet requires a combination of responses and the co-operation of all the stakeholders at both national and international level — legislators, law enforcement, schools, child protection practitioners and, most important, parents and guardians.

In terms of legislation, in the Child Trafficking and Pornography Act 1998, Ireland has one of the most robust pieces of legislation anywhere. Under the Act, the possession, distribution, importation and exportation or sale of all forms of child pornography, films, videos or material in written or auditory form, including material produced or transmitted via the Internet, are offences with penalties of up to 14 years imprisonment. Mere possession of child pornography can be punishable by imprisonment for up to five years. Using a child or allowing a child to be used for the production of child pornography is also punishable by up to 14 years imprisonment.

The Garda Síochána is committed to the investigation of all cases of child pornography and the importance of investigating the child protection issues involved in such cases. The paedophile investigation unit has been in existence since November 2002 and operates under the umbrella of the domestic violence and sexual assault unit, which consists of one detective sergeant and three detective gardaí. Personnel from the mainstream units at the national bureau of investigation augment these units as the volume of work requires. Computer forensics are carried out by the members attached to the domestic and sexual assault unit and members attached to the Garda bureau of fraud investigation utilising up-to-date forensic software.

Substantial Garda resources are utilised in the investigation of child pornography on the Internet. The recent Operation Amethyst was a successful operation utilising Garda personnel on a countrywide basis under the control and direction of personnel from the national bureau of criminal investigation. The Garda Síochána investigates all alleged breaches of the Child Trafficking and Pornography Act 1998 brought to its attention by external police forces, the Internet Advisory Board, the hotline and concerned citizens.

On the structural side, the Government established a working group in 1997 to examine and report on the question of the illegal and harmful use of the Internet with particular reference to child pornography. The report of the working group on the illegal and harmful use of the Internet was published in July 1998. The main recommendation of the report was for a system of self-regulation by the Internet service provider industry and the components of such a system were to include: an Internet advisory board, IAB, — established in February 2000 — to promote awareness of Internet downside issues, co-ordinate efforts to combat child pornography on the Internet and monitor the progress of self-regulation by the Internet service provider industry; a public hotline for reporting child pornography, which was established 1999 and funded by the industry; and an industry code of practice and ethics setting out the duties and responsibilities of each Internet service provider, which was agreed in February 2002 and reviewed in 2004.

The Internet advisory board oversees and monitors progress on anti-child pornography measures, and supervises a self-regulatory regime for the Irish Internet service provider industry. The self-regulatory approach to Internet regulation has been adopted worldwide and the Internet advisory board helps and supports the Irish Internet service provider industry to deliver an effective self-regulation environment in accordance with an agreed code of practice and ethics for the industry. The Irish code of practice and ethics is recognised throughout Europe as a model of its type.

The Internet advisory board's brief also extends to general downside issues on the Internet, including general safety for children while on-line, the conduct of research and information campaigns. The hotline, www.hotline.ie, funded by the Internet Service Providers’ Association of Ireland with support from the EU safer Internet action plan, was launched in November 1999 and has been operating since that time. Special protocols operate between the Garda and the hotline which maximise co-operation on law enforcement issues so that offences in the area of child pornography can be detected and prosecuted.

The hotline works closely with and is a founding member of the international INHOPE Association, www.inhope.org, a network of European hotlines which is expanding to all parts of the world. The INHOPE Association develops procedures and shares information on the best practices for the tracing and tracking of illegal child pornography.

International co-operation is a vital part of the fight against child pornography on the Internet and Ireland is fully committed to playing its part. In September 2001, the Council of Europe Ministers' deputies approved the first international convention on cybercrime. Ireland signed up to the convention in June 2002. The main objective of the convention is to foster international co-operation in protecting society against cybercrime. The convention deals specifically with the distribution of child pornography on the Internet, infringements of copyright, computer related fraud and violations of network security.

The European Union has taken a strong line on combating child pornography on the Internet. Since 1999, under the safer Internet action plan, the EU has provided financial and other supports for measures in the member states to combat illegal and harmful uses of the Internet with particular emphasis on protecting children. A new EU action plan — Safer Internet Plus — covering the period 2005 to 2008 and with a budget of €45 million was agreed under the Irish Presidency in June 2004 and is now in operation.

The EU Council adopted a framework decision on combatting the sexual exploitation of children and child pornography on 22 December 2003. While I have indicated that the Child Trafficking and Pornography Act 1998 is a particularly robust legislative measure, my Department is considering the question of whether additional legislative provisions are required to give effect to this framework decision.

Legislative Programme.

Bernard J. Durkan

Question:

252 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if, arising from the recent report of the Data Protection Commissioner, he has legislative proposals to address the various issues including privacy; and if he will make a statement on the matter. [14754/05]

The position is that the law on the protection of personal data is contained in the Data Protection Acts, 1988 and 2003. These Acts give effect both to the Council of Europe convention for the protection of individuals with regard to automatic processing of personal data and Directive 95/46/EC of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003, SI No. 535 of 2003, made by the Minister for Communications, Marine and Natural Resources, give effect to Directive 2002/58/EC of the European Parliament and the Council concerning the processing of personal data and protection of privacy in the electronic communications sector.

While the Government legislation programme does not provide for legislative proposals on the Data Protection Acts 1988 and 2003, operation of the law in this area is kept under review in my Department.

Grant Payments.

Paul McGrath

Question:

253 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the community based and not for profit child care services in County Westmeath which have received capital grants to date under the EOCP 2000-2006 programme; and the amount awarded to each such project. [14597/05]

Paul McGrath

Question:

254 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the community based and not for profit child care services in County Westmeath which have received staffing grants; and the amount awarded in each case. [14598/05]

In 2004 my Department published a comprehensive review of progress under the Equal Opportunities Child Care Programme, EOCP, 2000-2006, entitled, Developing Child Care in Ireland, which was circulated to all Members of the Oireachtas and posted on the Department's website. Much of the detailed information sought by the Deputy to the end of 2003 is included in this report.

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

The overall position regarding County Westmeath is that by end April 2005, I have approved 81 grants totalling more than €9.2 million in respect of capital, staffing and quality Improvement projects across the county under the EOCP. It is anticipated that this funding will lead to the creation of 1,108 new child care places and support a further 1,179 existing places. The funding includes: almost €4.5 million in capital grant assistance to 13 community based-not for profit groups; almost €2.6 million in staffing grant assistance to 18 community based-not for profit projects; more than €1.1 million in capital grant assistance to 30 private sector child care projects; and €748,948 to Westmeath county child care committee to enable it to carry out its day to day activities and implement its annual action plans; and funding for a number of other initiatives, including the support of childminders.

Visa Applications.

Mary Upton

Question:

255 Dr. Upton asked the Minister for Justice, Equality and Law Reform if visa applications for Kyrgyz officials (details supplied) will be urgently processed; and if he will make a statement on the matter. [14599/05]

Given the circumstances of this case, it was deemed appropriate to prioritise the processing of these applications. Application Nos. 1684591 to 1684598, inclusive, were approved by my Department on 29 April 2005.

Prison Staff.

Paudge Connolly

Question:

256 Mr. Connolly asked the Minister for Justice, Equality and Law Reform his plans for alternative placement for the staff of the open prison at Loughan House, Blacklion, County Cavan, which it is proposed to close; and if he will make a statement on the matter. [14600/05]

I refer the Deputy to my response to Questions Nos. 191 and 207 on 21 April last, in which I outlined the measures I intend to pursue in an effort to ensure the efficient and effective use of the valuable resources at my disposal. The position regarding alternative placement for the staff currently located at Loughan House is that they will be transferred on a permanent basis to other prisons. I cannot be more specific at this point on exactly what prisons will be involved but such plans will be the subject of consultation with staff representatives in due course.

Garda Equipment.

Olivia Mitchell

Question:

257 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the number of gardaí trained in the use of the intoxiliser breathalyser machines in each Garda division; and if he will make a statement on the matter. [14601/05]

I am informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel, that the number of gardaí trained in the use of the intoxiliser breathalyser machines in each division is as set out in the following table:

Division

Number

D.M.R North

26

D.M.R South

13

D.M.R North Central

37

D.M.R South Central

37

D.M.R East

31

D.M.R West

18

D.M.R Regional Traffic

23

Waterford/Kilkenny

57

Wexford/Wicklow

45

Tipperary

40

Cork City

51

Cork West

62

Cork North

35

Kerry

71

Limerick

47

Cavan/Monaghan

51

Donegal

50

Sligo/Leitrim

43

Clare

46

Galway West

52

Roscommon/Galway East

56

Mayo

51

Carlow/Kildare

44

Laois/Offaly

97

Longford/Westmeath

47

Louth/Meath

67

Crime Statistics.

Enda Kenny

Question:

258 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the crime statistics under all relevant headings, for each Garda sub-district in County Mayo for the years 2000 to 2004 inclusive; the offences recorded and detected in that period; if he will report on his analysis of these statistics; and if he will make a statement on the matter. [14632/05]

I wish to advise the Deputy that it has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest possible opportunity.

Residency Permits.

Pat Carey

Question:

259 Mr. Carey asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application by persons (details supplied) in Dublin 11 to remain here on the basis of parentage of an Irish born child; and if he will make a statement on the matter. [14633/05]

Separate applications were received in my Department on 19 January 2005 from the persons concerned seeking permission to remain in the State on the basis of their parentage of an Irish born citizen child under the revised arrangements announced by me on 15 January 2005. The closing date for receipt of applications for the scheme was 31 March 2005. Some 18,000 applications were received. In excess of 4,400 applicants have been granted temporary permission to remain to-date.

Applications are being dealt with as expeditiously as possible and, as far as is possible, in order of receipt. It should be noted that a number of incomplete applications are currently under examination or are being held pending the submission of documents. Given the number of applications being processed, it is expected that the processing of the applications from the persons concerned will be completed within the next few weeks.

Child Care Services.

Willie Penrose

Question:

260 Mr. Penrose asked the Minister for Justice, Equality and Law Reform when the application for capital funding in respect of an organisation (details supplied) in County Westmeath will be expedited; if he is satisfied that the information furnished to date is adequate to enable him to make a decision; and if he will make a statement on the matter. [14634/05]

The group in question has already been awarded staffing grant assistance of €195,000 under the EOCP to date for its existing service. An application for capital grant assistance under the Equal Opportunities Childcare Programme 2000-2006 was submitted by this group to my Department some time ago.

The level of demand for capital grant assistance was such that I considered it important to increase the capital provision for the present programme. Following discussions with my colleague the Minister for Finance, an additional capital provision of €90 million was made available over the period 2005 to 2009, in the context of the 2005 budget. This brings the total funding available for the programme to €499.3 million and now includes an increased provision for capital developments, for which €205 million has been set aside. Since the budget of 2005, I have announced a record allocation totalling some €66 million in capital funding to community based not for profit groups in two tranches, one in December 2004 and another on 4 March 2005.

The availability of the additional capital funding enables me to make capital grant assistance available to groups which can show that they address significant child care service gaps and where the project proposal represents good value for money when considered under the current guidelines on building costs. In the light of this, the group in question was advised in December 2004 that while its project had not been prioritised for immediate funding at that stage, it will be reconsidered for possible support in the future.

When the assessment on the project in question is completed, the application will then be considered by the EOCP appraisal committee, chaired by my Department, before I make a final decision and the group will be informed of the outcome in due course. In the interim, it would be premature of me to comment further on this application.

Property Sales.

James Breen

Question:

261 Mr. J. Breen asked the Minister for Justice, Equality and Law Reform when his report will be available on auctioneers; if it is his intention to make private treaty sales more transparent; and if he will make a statement on the matter. [14635/05]

I expect to receive the auctioneering-estate agency review group's report by mid-year. The review group is tasked to carry out a review of all aspects of the auctioneering-estate agency profession in Ireland and to make recommendations for any changes necessary in terms of structure or legislation to ensure a proper and appropriate auctioneering and property letting service to the public in terms of house purchase, house sale, property purchase, property sale and property letting.

EU Directives.

Eamon Ryan

Question:

262 Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform the European directives in his Department that are awaiting full implementation. [14657/05]

There are seven directives that come under the remit of my Department that have been adopted by Council but have yet to be transposed into domestic legislation. These are: Commission Directive 2004/57/EC on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses; Council Directive 2004/83/EC on the minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted; Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services; Council Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) no 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC; Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence; Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals; and Council Directive 2004/82/EC on the obligations of carriers to communicate passenger data.

The second, third, fourth, fifth, sixth and seventh directives listed are not due to be transposed for some time and work is under way to allow for their transposition into domestic legislation. The first directive was adopted on 23 April 2004 and a transposition date of 31 December 2004 was set. This directive has not yet been transposed but its transposition into national legislation is currently being examined as a matter of urgency, in the context of a review of the Explosives Act 1875.

Asylum Applications.

Enda Kenny

Question:

263 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if he will personally review from a humanitarian point of view the case of a person (details supplied); and if he will make a statement on the matter. [14664/05]

The person concerned, an Armenian national, arrived in the State on 9 September 2003 and claimed asylum. Her application was refused by the Office of the Refugee Applications Commissioner and she was notified of this recommendation by letter on 8 September 2004. Her subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and she was notified of this recommendation by letter on 26 October, 2004.

She was notified of the decision to refuse her refugee status by letter on 10 November 2004 in which she was informed of the three options open to her at that point: to leave the State before her case was considered for deportation; consent to the making of a deportation order in respect of her; make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out the reasons she should not be deported and why she should be allowed to remain temporarily in the State.

Her case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of Refoulement, including consideration of representations received on her behalf from the Refugee Legal Service for temporary leave to remain in the State. On 31 January 2005, a deportation order was made in respect of her. The medical circumstances in the case were taken into account in reaching this decision. Notice of the order was served by registered post requiring her to present herself to the Garda National Immigration Bureau on Thursday, 24 March 2005. She presented as requested and is due to present again on 7 June 2005 when it is expected that travel arrangements will have been put in place. The enforcement of the deportation order is now a matter for the Garda National Immigration Bureau.

Visa Applications.

Jack Wall

Question:

264 Mr. Wall asked the Minister for Justice, Equality and Law Reform the position in relation to an application by a person (details supplied) for a visa; and if he will make a statement on the matter. [14673/05]

Jack Wall

Question:

265 Mr. Wall asked the Minister for Justice, Equality and Law Reform the position in relation to an application by a person (details supplied) for a visa; and if he will make a statement on the matter. [14674/05]

I propose to take Questions Nos. 264 and 265 together.

I can inform the Deputy that visa application No. 0606030 was approved by my Department on 29 of April 2005.

The second reference number supplied by the Deputy, No. 060603930, is not a visa application number. However, if the Deputy is referring to application No. 0606029, as seems likely based on the name of the applicant, this too was approved by my Department on 29 of April 2005. Both applicants will be notified of these decisions as soon as possible.

State Pathologist’s Office.

Jim O'Keeffe

Question:

266 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will provide details of the organisation, structure and resourcing of the State Pathologist’s office; and if he will make a statement on the matter. [14680/05]

Jim O'Keeffe

Question:

267 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of staff in the State Pathologist’s office; the rank of same; and if he will make a statement on the matter. [14681/05]

I propose to take Questions Nos. 266 and 267 together.

There are currently six officials employed in the State Pathologist's office — the State Pathologist, the Deputy State Pathologist, a senior scientist and three clerical officers. The State Pathologist's office has been allocated a budget of €550,000 for 2005, an increase of 5% on the 2004 figure.

Jim O'Keeffe

Question:

268 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the circumstances under which State Pathologists have been able to avail of Garda transport in travelling to the scene of a homicide in previous years; his views on the practice; and if he will make a statement on the matter. [14682/05]

I refer the Deputy to the Adjournment debate in the Dáil on Thursday, 28 April 2005 where this matter was dealt with.

Garda Training.

Denis Naughten

Question:

269 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the procedure for a trainee garda applicant to have a medical refusal reviewed; and if he will make a statement on the matter. [14683/05]

I am advised by the Garda authorities that the circumstances of each case wherein the chief medical officer of the Garda Síochána is unable to issue a certificate of fitness differ. However, on receipt of a written application for review accompanied by a report from a treating specialist, the CMO reviews decisions on candidates who have been deemed unfit. Likewise, where an applicant has not yet been treated by a specialist, he may consult an independent specialist and obtain a report for onward transmission to the CMO, who will then review the case.

Drugs in Prisons.

Ciarán Cuffe

Question:

270 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the status of each of the recommendations contained in the 1999 report, Hepatitis B, Hepatitis C and HIV in Irish Prisoners: Prevalence and Risk, commissioned by his Department; if each recommendation has been implemented; if so, the prisons concerned; if not, the reason therefor; and the projected date of implementation of each of the outstanding recommendations. [14684/05]

Research undertaken by the Department of Community Health and General Practice, Trinity College, Dublin was published by my Department in 1999 and 2000 under the title Hepatitis B, Hepatitis C and HIV in Irish Prisoners: Prevalence and Risk. In view of the recognised link between drug misuse, particularly intravenous use, and the prevalence of both HIV and hepatitis in the general community, as well as in the prison population, the Irish Prison Service has been engaged for a considerable period in a process aimed at ensuring access to appropriate health care, including drug treatment, for the considerable number of prisoners at risk due to their substance misuse. In this regard the Irish Prison Service has actively sought to directly involve community health agencies, both statutory and voluntary in these developments.

Since the publication of these research findings there have been significant healthcare developments within the prison system and, particularly, in the facilities available to those prisoners seeking to address their substance misuse in a constructive fashion. There is an ongoing process of providing prisoners with information regarding the risks and education on appropriate prevention strategies. It would be my policy to apply best practice to the prison situation. Best practice, as far as I am concerned, is to prevent drugs from being introduced into or used in prisons.

Any prisoner with a suspected communicable disease would be encouraged to have this definitively diagnosed so that appropriate treatment and follow up can be arranged. For many years past, prisoners with a diagnosis of HIV, hepatitis or other infectious disease have continued to receive medical treatment while in custody in line with clinical recommendations. Indeed this medical treatment is generally in line with that available in the community. It has been long-standing practice to refer prisoners suffering from infectious diseases to specialist hospital services and to act on the basis of the clinical advice received. All such diagnosis and treatment is provided confidentially on the basis of informed consent and prisoners are free to refuse treatment, though instances of refusal are, thankfully, rare.

There has been a considerable expansion in the availability of methadone maintenance to prisoners who have been in receipt of this treatment from community agencies at the time of committal. This is particularly the case in those prisons in the Dublin area where the majority of prisoners with drug treatment needs are located. Development of treatment strategies in this area has been greatly facilitated by the assistance and active co-operation of community agencies involved in the area. Subject to resources being made available it would be intended to further expand the availability of appropriate drug treatment services throughout the prison system.

It is Irish Prison Service policy, in common with most prison systems worldwide, not to issue needles or injecting equipment to prisoners. Emphasis within prisons is on health education and appropriate substitution treatment where required. Prisoner health education discourages injecting behaviour but also points out the health benefits of not sharing needles and injecting equipment. I have previously made my position very clear in this matter. I do not support the introduction of needle exchange in prisons. Any person seeking syringes, needles and fluids under such a scheme would be indicating to the prison authorities that he or she is in possession of, or shortly will be in possession of, controlled drugs of the hard variety and proposes consuming them. To supply a prisoner with the requested items in these circumstances would, in effect, be to tell him or her that prison management will facilitate the commission of serious criminal offences in the prison.

While the free availability of condoms within a prison situation has certain health implications there are a wider range of considerations which would have to be taken into account before contemplating the issue of condoms to prisoners. To date I am not aware that there has been any demand by prisoners to have access to condoms. The matter is, however, being kept under on-going review.

Vetting Procedures.

Pat Rabbitte

Question:

271 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the procedures he follows in relation to vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14710/05]

I can inform the Deputy that the procedures followed in relation to vetting persons being considered for appointment to State boards under my aegis comply with the various relevant Acts and public service guidelines in place and take into consideration the work of the boards in question.

Emergency Travel Arrangements.

Aengus Ó Snodaigh

Question:

272 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of applicant passports at present in the possession of the Irish born child unit; when all such applicants can expect to have their passports returned to them; the action such passport holders are expected to take in the event of a family emergency that requires them to travel outside the State; if his attention has been drawn to the instances in which such a passport holder was unable to leave the State for a family emergency, for example, in the wake of the tsunami disaster; when he expects decisions will be rendered on all such applications; and if there is any way in the meantime for applicants to inquire into the status of their applications. [14789/05]

It is a fundamental requirement for consideration of applications under the revised arrangements announced by me on 15 January 2005, that applicants submit a valid passport or national identity document as proof of their identity. The closing date for receipt of applications under these arrangements was 31 March 2005. Some 18,000 applications were received. To date, in excess of 4,400 applicants have been granted permission to remain in the State for two years.

My Department does not compile statistics specifically in respect of the number of passports received in the IBC unit. Plainly, given that they are a specific requirement of the scheme, passports and identity documents have been received in respect of the applications which have been processed to a decision and these have been returned to the applicants. However, it should be noted that passports not yet submitted in respect of applications made before the closing date continue to be received on an ongoing basis. In addition, requests have been received for the return of passports in respect of some 600 applications which are awaiting processing. In such cases the passports concerned are located, checked, copied and returned to the applicant in advance of processing.

All original identity documents which accompanied each application will be returned by registered post once they have been checked and copied. The specific case to which the Deputy refers, where a person was unable to travel outside the State for a family emergency connected with last December's tsunami disaster, has not been brought to the attention of the Irish born child unit dealing with the scheme.

I am aware that some applicants may require their passports at short notice, for example, in the case of a family emergency. In such cases, applicants should write to the Irish born child unit, Department of Justice, Equality and Law Reform, PO. Box 10003, Dublin 2, quoting their reference number and stating the nature of the emergency. Arrangements are in place within IBC unit to accommodate such requests. Retrieval and return of passports in such cases is dealt with on a priority basis. However, the processing of the leave to remain applications will not be prioritised arising from such emergency requests for the return of passports: they will be processed in the normal course.

Applications are being dealt with as expeditiously as possible and, as far as is possible, in order of receipt. It is anticipated that the bulk of applications will be processed by the end of June and all applicants should by now have received an acknowledgment of their application. If they have not received an acknowledgment they should write to the IBC unit at the address above. Where the application has been acknowledged, the applicants can be assured that their application will be processed as and when it is reached in the normal course. Given the time and resource constraints it is not possible for applicants to inquire by telephone as to the status of their applications. However, written inquiries can be made to the above address.

Refugee Status.

Aengus Ó Snodaigh

Question:

273 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the safeguards which are in place to ensure that genuine refugees arriving here are not refused leave to land on the basis of insufficient documentation to prove their identity; and if none of the 1,117 persons refused leave to land in the first quarter of 2004 as reported by the Refugee Application Commissioner were genuine refugees. [14790/05]

Immigration officers operating at ports and airports throughout the State are members of the Garda Síochána. They are obliged under the provisions of the Refugee Act 1996, as amended, to grant permission to land to a non national "who arrives at the frontiers of the State seeking asylum in the State or seeking the protection of the State against persecution or requesting not to be returned or removed to a particular country or otherwise indicating an unwillingness to leave the State for fear of persecution". It is a simple as that. This is the only criterion applied by immigration officers in determining whether or not to grant permission to land to an asylum seeker. Furthermore, an immigration officer has no role to play in determining the validity of an asylum claim — that task is assigned by law to the Refugee Applications Commissioner and the Refugee Appeals Tribunal.

The question of considering whether a non national should be given permission to land necessarily involves consideration of the adequacy of documentation presented but this only arises in cases where an immigration officer has a discretion in the matter. The extent of that discretion is set out in section 4 of the Immigration Act 2004. However, the effect of an asylum claim is to abrogate any discretion vested in the immigration officer.

It should be noted that the figure of 1,117 persons refused permission to land in the first quarter of 2005 is quoted by the Irish Refugee Council on its website and is not reported by the Office of the Refugee Applications Commissioner.

Work Permits.

Aengus Ó Snodaigh

Question:

274 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if, as a result of a change in policy, a non-EU spouse of an Irish or EU citizen now may not work without a work permit during the approximately 16 months it takes for their residency application to be processed; when this change in policy took effect and the reason for it; if such a family is eligible for social welfare in the event that the non-EU spouse is unable to obtain a work permit and the Irish or EU spouse’s income alone is not enough to support the family; if availing of social welfare in such cases will negatively impact on the non-EU spouse’s future application for naturalisation; and if he will consider granting non-EU spouses permission to work during the processing of their application, as is the case in many other countries including the USA and Britain. [14791/05]

There has been no change in policy regarding access to employment of a non-EEA national awaiting a decision on a residency application based on marriage to an Irish citizen. Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. It has always been the case that the non-national concerned could not work without a valid work permit pending the outcome of an application for residency. This information is was recently included in the acknowledgements of receipt for such applications in view of enquiries on the matter. I do not envisage any change in this practice in the immediate future.

The Deputy refers in his question that the procedure takes approximately 16 months to process. This time scale relates to applications for residency based on marriage to an Irish national. Marriage to a national from another EU state come under EU legislation and must be finalised within a six month timeframe.

I have adopted a general policy that applicants for naturalisation, other than refugees, programme refugees or stateless persons, should have been supporting themselves and their families without recourse to State support for a three year period prior to applying for naturalisation, and that, furthermore, they can show, as far as is practicable, that they have the capacity of supporting themselves into the future. I apply this general policy to all applications for naturalisation unless the exceptional circumstances of a particular case suggest otherwise. Matters relating to eligibility for social welfare should be directed to the Minister for Social and Family Affairs.

Special Educational Needs.

Seán Crowe

Question:

275 Mr. Crowe asked the Minister for Education and Science if her attention has been drawn to the difficulties experienced by students with special needs; and the new measures she proposes to introduce to create a system whereby a pupil’s special needs supports will be seamless throughout their school life. [14594/05]

The proposed new general allocation system of resource teaching provision. In view of the fact that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department, in consultation with educational interests, developed a general model of resource teacher allocation to schools to support students in these disability categories.

This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories. I have made it clear that while I am in favour of using a general allocation model for the reasons I have just given, I am conscious of the particular difficulties that the model announced last year could cause for small and rural schools if implemented as originally announced.

For this reason, I asked my Department to conduct a review of the model announced last year. In carrying out the review, my Department consulted representative interests including the National Council for Special Education. The revised procedure for providing a general allocation of resource hours to schools will be announced shortly, in time to be implemented for the next school year. In relation to resources for children in the lower incidence disability categories, resources will continue to be allocated on the basis of individual applications.

My Department has given priority to implementing the core legislative and structural measures required to underpin service development and delivery for pupils with special needs. The Education for Persons with Special Educational Needs Act 2004 has been enacted, while on the structural front, the National Council for Special Education has been established as an independent statutory body with responsibilities as set out in the National Council for Special Education (Establishment) Order 2003. The establishment of the NCSE is a further major step in ensuring that the requirements of children with special educational needs are identified and the necessary resources put in place in a timely and effective manner.

There are 71 special education needs organisers employed by the council since September 2004 who have been deployed on a nationwide basis, with at least one SENO being deployed in each county. Each SENO is responsible for the primary and second level schools in their area and they have made contact with each of their schools and informed them of their role.

In addition to processing requests for resources, the council will co-ordinate the provision of education and related support services with health boards, schools and other relevant bodies. Placing organisers in the locality will enable them to work with the parents and the schools, particularly to co-ordinate the services on a local level. That will ensure that when a child has been identified as having a special need, the services can be put in place immediately. These developments represent significant progress and I am confident they will have a positive impact on services for children with special educational needs.

I can assure the Deputy that the issue of providing adequate resources to meet the needs of children with special educational needs will continue to be a priority for me. In this regard, my Department is continuing to take steps to develop the network of special educational provision for children with special needs and I believe that the steps taken in recent years and those currently in hand represent significant progress in the development of those services.

Dinny McGinley

Question:

276 Mr. McGinley asked the Minister for Education and Science if an application has been received for the appointment of three special needs assistants for a school (details supplied) in County Donegal; if so, if these positions will be approved; and if she will make a statement on the matter. [14595/05]

My Department has no record of receiving an application for three special needs assistants at the school referred to by the Deputy. The National Council for Special Education, NCSE, which was established recently, and which has been operational since 1 January 2005, is responsible for processing applications for special educational needs supports. So far, 71 special educational needs organisers have been recruited throughout the country and will be a focal point of contact for schools and parents. It is open to the school to submit any application to the local SENO.

The school currently has two full-time SNA posts together with 12.5 part time hours SNA support. My Department recently reviewed the extent of SNA provision in the school as part of its ongoing review of SNA provision in primary schools nationally. The review concluded that two full time SNA posts are sufficient to meet the care needs of the pupils requiring this service. This decision was conveyed to the school in April 2005. The school was advised that it may retain the surplus capacity until the end of the current school year.

Physical Education Facilities.

Paul McGrath

Question:

277 Mr. P. McGrath asked the Minister for Education and Science if funding is available to primary schools to enable them to hire facilities in local community sports halls and thereby have a comprehensive physical education programme for students. [14596/05]

My Department does not have a dedicated fund for the hire of community facilities for physical education purposes. However, many primary schools have a general purpose room for play and physical education activities. In addition, nearly all schools have play areas which are utilised for teaching different aspects of the physical education programme. A similar situation with sports halls and outdoor facilities applies at second level. In addition, many schools have the use of adjacent local facilities, including public parks, playing fields and swimming pools.

The provision of a multi-purpose space for primary schools will continue to be considered within the design brief for new schools and-or renovation and extension school building projects. This will also be the case for physical education facilities at second level. This will be done with available resources and the published criteria for prioritising school building projects.

The school planning section of my Department is also working with some local authorities to explore the possibility of the development of school provision in tandem with the development of community facilities. This enhanced co-operation has the effect of minimising my Department's land requirements, reducing site costs, and providing local communities with new schools with enhanced facilities.

My Department has never underestimated the scale of the task and the level of capital funding and other resources required to rectify decades of under-investment in school infrastructure. In 2005, €270 million will be allocated to primary schools and €223 million to post-primary schools for building and modernisation works, representing an increase of 14% on last year and six times greater than the amount allocated in 1997.

Pupil-Teacher Ratio.

Enda Kenny

Question:

278 Mr. Kenny asked the Minister for Education and Science the number and location of primary schools in County Mayo that have classes in excess of 30 pupils; and if she will make a statement on the matter. [14623/05]

The information requested by the Deputy is not readily available in my Department. If the Deputy has a query about a particular school, I will be happy to answer it.

Schools Amalgamation.

Martin Ferris

Question:

279 Mr. Ferris asked the Minister for Education and Science if she will make a statement on the proposed amalgamation of schools (details supplied) in County Kerry. [14624/05]

A proposal regarding amalgamation has been received from the authorities of the two schools in question. The proposal is under consideration in my Department. Among the factors to be considered is a report from the local inspector, expected shortly. My officials will be in correspondence with the school authorities regarding the proposed amalgamation in due course.

EU Directives.

Eamon Ryan

Question:

280 Mr. Eamon Ryan asked the Minister for Education and Science the European directives in her Department that are awaiting full implementation. [14658/05]

There are no EU directives awaiting transposition into Irish law through my Department.

Disadvantaged Status.

Bernard Allen

Question:

281 Mr. Allen asked the Minister for Education and Science if she will reclassify a school (details supplied) in County Cork as fully disadvantaged comparable to schools which adjoin its catchment area and cater for populations with identical needs. [14662/05]

Bernard Allen

Question:

282 Mr. Allen asked the Minister for Education and Science if she will reclassify a school (details supplied) in County Cork as fully disadvantaged comparable to schools which adjoin its catchments area and cater for populations with identical needs. [14663/05]

I propose to take Questions Nos. 281 and 282 together.

Both schools in question are included in the disadvantaged areas scheme and the Giving Children an Even Break programme. Under the disadvantaged areas scheme both schools benefit from additional capitation grants of €38.09per capita, a refund of the television licence fee and eligibility for 95% building grants for building projects. Designated disadvantaged schools are included in the home-school community liaison scheme and each school has the services of a home-school community liaison co-ordinator on a shared basis.

Giving Children an Even Break subsumes the previous process of designation of schools that serve areas of educational disadvantage and my Department's approach is now refined to ensure that individual at risk pupils are targeted. Rather than the old method of designating additional schools under this scheme, my Department provides support that is commensurate with the levels of concentration in schools of pupils with characteristics that are associated with educational disadvantage and early school leaving.

Both schools in question are included in the urban dimension of Giving Children an Even Break. The schools are benefiting from supplementary funding to provide additional educational supports for the children concerned. The schools were not considered eligible for additional teaching staff, based on the level of concentration of at risk pupils within the schools.

Youth Services.

Richard Bruton

Question:

283 Mr. Bruton asked the Minister for Education and Science if her attention has been drawn to the fact that eleven youth hostels have closed in 2005 and that many others are struggling in the face of insurance costs, the reduction in FÁS support schemes and lack of a minor capital budget; if she has satisfied herself with the demise of this important outlet for youth development. [14698/05]

An Óige receives grant-in-aid funding from my Department towards its expenditure on core staff salaries and administration costs under the youth service grant scheme. The funding of voluntary youth organisations through the scheme is intended to support the growth and development of such organisations with distinctive philosophies and programmes aimed at the social education of young people. An Óige received grant-in aid funding of €203,317 from my Department for that purpose in 2004. My Department has no function in the operation and funding of youth hostels.

Vetting Procedures.

Pat Rabbitte

Question:

284 Mr. Rabbitte asked the Minister for Education and Science the procedures she follows for vetting persons being considered for appointments to State boards under her aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if she will make a statement on the matter. [14711/05]

State boards are subject to the relevant legislation. In considering a person's suitability for appointment to a board, consideration is given to a range of factors, including any known or potential conflict of interest. My Department, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of persons being considered for appointment to State boards. Based on the outcome of that process, I will consider further with my Cabinet colleagues whether any change to the existing arrangements is appropriate.

EU Directives.

Eamon Ryan

Question:

285 Mr. Eamon Ryan asked the Minister for Defence the European directives in his Department that are awaiting full implementation. [14659/05]

The question does not arise in so far as my Department is concerned.

Departmental Appointments.

Pat Rabbitte

Question:

286 Mr. Rabbitte asked the Minister for Defence the procedures he follows for vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14712/05]

The Department of Finance, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of persons being considered for appointment to State boards. Based on the outcome of that process, further consideration will be given as to whether any change to the existing arrangements is appropriate.

Defence Forces Equipment.

Aengus Ó Snodaigh

Question:

287 Aengus Ó Snodaigh asked the Minister for Defence the military equipment required for Ireland’s participation in the new EU battle groups. [14797/05]

Aengus Ó Snodaigh

Question:

288 Aengus Ó Snodaigh asked the Minister for Defence the military equipment required for Ireland’s participation in the EU rapid reaction force. [14798/05]

I propose to take Questions Nos. 287 and 288 together.

Defence and defence policy is a fundamental expression of national sovereignty. In that context, defence spending is a matter for the Government and has to be undertaken in a prudent and balanced fashion having due regard to the prevailing national socio-economic environment.

The Government's White Paper on Defence, published in February 2000, set out a medium-term strategy for defence up to 2010. A major objective of the strategy is to ensure that Ireland has a world class military organisation capable of carrying out the roles assigned to it by the Government, both at home and abroad. This objective requires an ongoing modernisation process, including an investment programme to ensure that the Defence Forces are properly equipped for these roles. This investment programme is necessary regardless of Ireland's participation in the European Security and Defence Policy.

A particular focus of the investment programme has been on upgrading equipment for our overseas peace support operations. The Defence Forces undertake excellent work on overseas missions. In this regard, it has been noted that the Defence Forces' contingents in major missions in Liberia and Kosovo are the best equipped and best prepared contingents ever sent overseas.

I have established an interdepartmental working group to examine all issues relating to the Defence Forces possible participation in EU rapid response elements or EU battle groups. Among the issues to be examined by the group will be the question of costs, including any further investment required in equipment or other facilities. However, having regard to the substantial programme of investment over the past several years, I do not expect a requirement for additional equipment investment arising directly from Ireland's participation in the EU rapid reaction force or from any potential participation in EU rapid response elements.

Building Regulations.

Ciarán Cuffe

Question:

289 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will provide any information he has from local authorities or other sources regarding the degree of compliance with building regulations; the types of non-compliance that are occurring; and if he will make a statement on the matter. [14615/05]

Responsibility for enforcement of the building regulations is a matter for the 37 local building control authorities. Half-yearly statistics on enforcement of the regulations, furnished by local building control authorities to my Department, do not give a breakdown of the specific levels of compliance with each of the 12 parts A to M of the regulations. However, the statistical returns for the period January to December 2004 show that 56 enforcement notices were served by building control authorities under the Building Control Act 1990 for non-compliance with the building regulations. In addition, 41 summary prosecutions were taken by the authorities.

The reply to Parliamentary Question No. 1080 of 12 April 2005 sets out information on a special survey undertaken on compliance with part M of the regulations concerning access for people with disabilities.

EU Directives.

Ciarán Cuffe

Question:

290 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the current rate of daily fines levied by the European Court of Justice that are accruing to the Government arising from Ireland’s failure to properly implement European Union directives; if he will identify the relevant cases and directives; and if he will make a statement on the matter. [14616/05]

Ciarán Cuffe

Question:

291 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the costs imposed on Ireland arising from losing actions at the European Court of Justice in each of the past five years; the costs in 2005 to date; if he will identify the relevant cases and directives; and if he will make a statement on the matter. [14617/05]

I propose to take Questions Nos. 290 and 291 together.

Daily fines have not been ordered by the European Court of Justice regarding any case taken against Ireland. Between 2001 and 2005, there were seven judgments against Ireland in areas for which my Department has responsibility, and all of these included orders that the State should pay costs. However, it is not possible to indicate these costs, as they remain to be computed by the European Commission. The Community legislation involved in these seven cases has been the habitats directive, two instances, the nitrates directive, directives on waste, drinking water quality and end of life vehicles and a regulation on ozone depleting substances.

Archaeological Sites.

Ciarán Cuffe

Question:

292 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will provide him with a copy of the detailed request made to the Minister by the National Roads Authority and Meath County Council to adjudicate on archaeological matters regarding the proposed M3 motorway in County Meath. [14618/05]

I refer to the reply to Question No. 57 of 13 April 2005.

All the papers relating to this case will be available in accordance with the provisions of the Freedom of Information Act when I have completed my statutory determination of the matters involved.

Grant Payments.

Cecilia Keaveney

Question:

293 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the supports which are available to communities both in rural and urban settings which wish to clean up their areas; the projects being promoted by his Department to enable this to happen; and if he will make a statement on the matter. [14625/05]

My Department supports a range of anti-litter initiatives under the litter action plan. In 2004, €720,000 was provided to local authorities for anti-litter education and awareness projects. Some €280,000 was provided to An Taisce for the national spring clean initiative and €75,000 was provided to the Irish Business Against Litter National Litter League. In addition, the substantial prize fund for the national Tidy Towns competition, which this year will exceed €180,000, supports communities in the enhancement of their local environment.

EU Directives.

Eamon Ryan

Question:

294 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government if new European Union noise directives require the proposed new roadway schemes be accompanied with detailed noise level measurements and forecasts as part of the public decision making process; and if such directives have yet been transposed into legislation here. [14627/05]

The aim of Directive 2002/49/EC on the assessment and management of environmental noise is to define a common approach to noise pollution across the EU to avoid, prevent or reduce the harmful effects of exposure to environmental noise. This will be achieved through a process of noise-mapping which will apply to agglomerations and to new and existing major roads, railways and airports, as set out in the directive, in two phases. The first phase will be in place by June 2007 and the second phase by June 2012.

The directive aims to ensure the public has access to information on environmental noise obtained from the noise-mapping process. It provides for the formulation and adoption of action plans based on the noise-mapping results, with a view to preventing and reducing environmental noise where necessary. Action planning shall also proceed on a phased basis. The first phase will be by July 2008 and the second phase by July 2012. Regulations to transpose the directive are at an advanced stage of drafting and I intend to make them shortly.

The National Roads Authority, NRA, published guidelines for the treatment of noise and vibration in national road schemes in January 2005. These guidelines establish a more demanding design goal for road traffic noise and provide detailed guidance on the treatment of noise and vibration at all stages in the planning, design and construction of road projects. The NRA took due cognisance of the requirements of Directive 2002/49/EC when drawing up the guidelines. For proposed new roadway schemes, the NRA undertakes an environmental impact assessment involving, as appropriate, detailed noise level measurements and forecasts to identify any significant impacts on the noise climate. Where the design goals are exceeded, to identify possible mitigating measures to reduce the impact of these exceedances.

Eamon Ryan

Question:

295 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government the European directives in his Department that are awaiting full implementation. [14660/05]

There are six directives or other EU legislative measures under my Department's area of responsibility outstanding for transposition. These are the Directive 2000/53/EC, end-of-life vehicles, which contains two stages of transposition, the first by 21 April 2002 for new vehicles sold after 1 July 2002 and the second by January 2007 for all other vehicles. It is anticipated that this directive will be transposed in 2005.

Drafting of regulations to transpose the Directive 2002/49/EC, assessment and management of environmental noise is well advanced and transposition is intended by mid 2005.

Draft regulations are nearing completion with a view to transposition by mid-2005 of the Directive 2002/88/EC, measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery.

These regulations will also transpose Directive 2004/26/EC, on non-road mobile machinery, which has a transposition target date of 20 May 2005. The two related directives, Directive 2002/95/EC and Directive 2002/96/EC with its amending Directive 2003/108/EC, deal, respectively, with restrictions on the use of certain hazardous substances in electrical and electronic equipment and arrangements for dealing with waste electrical and electronic equipment. Legislative proposals for the transposition of both directives are now in drafting stage. It is intended that the directive will be transposed by mid 2005.

Legislative proposals for the transposition of the Directive 2003/4/EC, public access to environmental information, repealing Directive 90/313/EEC are in drafting. It is intended that this directive will be transposed shortly.

I am aware of the importance of timely transposition of EU environmental legislation, 200 items of which, including more than 140 directives, have by now been transposed. More recently external legal and drafting expertise have been utilised in order to expedite this process.

Vetting Procedures.

Pat Rabbitte

Question:

296 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government the procedures he follows for vetting persons being considered for appointments to State boards under his aegis, especially in regard to tax compliance and any other issue which, if revealed, would make a person unsuitable for appointment; and if he will make a statement on the matter. [14713/05]

Several different processes are involved in appointments to boards and agencies under the aegis of my Department. In some cases statutory selection procedures must be followed or nominations must be sought from independent nominating panels before appointments are made by the Minister for the Environment, Heritage and Local Government or by the Government.

In other cases, it is incumbent on specified nominating bodies to recommend suitable appointees. Where appointment of members of boards and agencies falls directly to the Minister, the importance of selecting persons of good character and repute is a primary consideration.

All of my Department's boards and agencies are required to comply with the code of practice for the governance of State bodies. Most of my Department's boards and agencies are prescribed under the Ethics in Public Office Acts and members in such cases are obliged to make statements of interest in accordance with those Acts.

The Department of Finance, in conjunction with relevant Departments, has been considering whether tax clearance certificates can and should be required of persons being considered for appointment to State boards. Based on the outcome of that process, the Minister for Finance will consider further, in consultation with the Government, whether any changes to the existing arrangements are appropriate.

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