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Dáil Éireann debate -
Thursday, 12 May 2005

Vol. 602 No. 3

Written Answers.

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

Rail Accidents.

Brendan Howlin

Question:

10 Mr. Howlin asked the Minister for Transport the investigation being held into the circumstances in which a train travelling on 1 April 2005 between Rosslare and Dublin split in two, in view of the possible safety consequences; and if he will make a statement on the matter. [15556/05]

I assume the Deputy is referring to an incident which took place on 6 April 2005.

The Interim Railway Safety Commission has already been in contact with Iarnród Éireann about this incident and will monitor closely the company's internal inquiry.

If this monitoring reveals issues of importance to railway safety, the Interim Railway Safety Commission will take appropriate action.

In the meantime, pending the outcome of its internal inquiries, I understand that Iarnród Éireann has taken the railcar sets in question out of service and has locked the doors between similar railcar sets. This will prevent any accidental falls from a divided train and ensure that passenger safety is assured in the unlikely event of a further such train divide.

Ministerial Meetings.

Arthur Morgan

Question:

11 Mr. Morgan asked the Minister for Transport the communications he has had with the board of CIE since taking office; the number of meetings he has had with board members of CIE; the written communication which has passed between his Department and CIE since his taking office; and if he will make a statement on the matter. [15584/05]

Since taking office I have met the chairman of CIE on a number of occasions to discuss major developments affecting the CIE Group. Matters raised during the course of these meetings would include issues of a general strategic and financial nature. I also have regular informal conversations with the chairman. A meeting with the full board of CIE is scheduled for the 1 June 2005.

In addition, in accordance with the code of practice for the governance of State bodies, the chairman of CIE submits a comprehensive report with the company's annual report and accounts outlining all significant developments affecting the body in the preceding year and major issues likely to arise in the short to medium term.

My officials would also have daily correspondence and contact with the CIE group of companies and meetings between my officials and the operating companies take place on a regular basis.

Airport Development Projects.

Bernard J. Durkan

Question:

12 Mr. Durkan asked the Minister for Transport his plans in regard to the future of Aer Lingus with particular reference to the likely ownership of the second terminal at Dublin Airport; if it is intended to provide a rapid rail transport service to relieve traffic congestion in the vicinity of the airport; and if he will make a statement on the matter. [15652/05]

Eamon Gilmore

Question:

20 Mr. Gilmore asked the Minister for Transport if he will report on the discussions he had with the Dublin Airport Authority and other bodies in respect of the optimal location for a second terminal at Dublin Airport; the studies which he or the DAA has commissioned in this regard; and his views on this matter. [15669/05]

Brendan Howlin

Question:

51 Mr. Howlin asked the Minister for Transport the position with regard to the development of a second terminal at Dublin Airport; if proposals have been brought to Cabinet on this issue; when a final decision will be taken; his views on whether the second terminal should be owned by the Dublin Airport Authority; the reason it has taken so long to reach a decision on this matter; and if he will make a statement on the matter. [15571/05]

Bernard J. Durkan

Question:

139 Mr. Durkan asked the Minister for Transport the way in which it is proposed to provide the required competition at Dublin Airport in the future for landing and handling facilities; and if he will make a statement on the matter. [15863/05]

Bernard J. Durkan

Question:

140 Mr. Durkan asked the Minister for Transport his preferred option for the provision of a second terminal at Dublin Airport; if this should be independent or under present ownership; and if he will make a statement on the matter. [15864/05]

Bernard J. Durkan

Question:

141 Mr. Durkan asked the Minister for Transport the number of terminals required at Dublin Airport; and if he will make a statement on the matter. [15865/05]

Bernard J. Durkan

Question:

142 Mr. Durkan asked the Minister for Transport when agreement will be reached at Government in relation to the provision of extra terminal facilities at Dublin Airport; and if he will make a statement on the matter. [15866/05]

I propose to take Questions Nos. 12, 20, 51 and 139 to 142, inclusive, together.

I have already dealt in detail with the position in regard to the provision of additional terminal capacity at Dublin Airport in my earlier reply today to Priority Questions Nos. 2 and 4.

With regard to Aer Lingus, as one of the main customers of Dublin Airport, Aer Lingus operational requirements will have to be taken into account by whoever owns and manages the new terminal.

I am very anxious, in the interests of the airline and the Irish economy generally, to achieve clarity on the future of Aer Lingus as soon as possible. Aer Lingus must be provided with the flexibility to grow and compete on a level playing field. To fund growth and to provide financial security, Aer Lingus must have access to the full range of funding mechanisms and equity capital is a crucial element in that mix.

In that context, the Government will be making a decision shortly on the necessary arrangements to be put in place to facilitate investment in Aer Lingus.

On the matter of providing rapid rail transport services to Dublin Airport, the programme for Government contains a specific commitment to develop a metro for Dublin with a link to Dublin Airport.

The Railway Procurement Agency has submitted to my Department a detailed business case for a metro from the city centre to Dublin Airport while Iarnród Éireann submitted proposals last July for an integrated rail network in the greater Dublin area.

In the light of the announcement by the Minister for Finance in his Budget Statement of agreement in principle to a ten year capital investment envelope for transport, work is under way in my Department on a ten year transport investment framework.

An outline of the investment framework is currently under consideration by a Cabinet committee. I will bring proposals to Government in due course once the Cabinet committee has concluded its work.

Rail Network.

Gerard Murphy

Question:

13 Mr. G. Murphy asked the Minister for Transport the amount of funding allocated by his Department and drawn down by Irish Rail for the purchase of rolling stock each year from 1997 to date; if Irish Rail is seeking funding from his Department for the purchase of additional rolling stock; if so, the purpose for which it is seeking funding; the lines this rolling stock will service; and if he will make a statement on the matter. [15502/05]

In total my Department provided some €214.12 million to Iarnród Éireann for the purchase of rolling stock in the period 1999-2004 as follows:

1999

2000

2001

2002

2003

2004

€m

€m

€m

€m

€m

€m

15.41

23.56

4.4

62.52

88.28

19.94

No funding was provided to Iarnród Éireann for this purpose in 1997 and 1998.

My Department is currently funding a programme of further rolling stock expansion involving the purchase of: 36 diesel multiple units, DMUs, which will come into service in late 2005-early 2006 and will increase the passenger carrying capacity on the Dublin outer suburban system and the Dublin to Sligo line; 80 diesel railcars, which are already in service and are being used on the Dublin outer suburban system; 36 DART carriages, which are already in service and which have brought the DART fleet up to a total of 156 units or just short of double the initial fleet of 80; 67 intercity carriages to be used on the Dublin to Cork route and which will be in service by mid-2006; and 120 regional railcars which will be used on the Dublin to Ballina, Westport, Galway, Limerick, Tralee and Waterford lines. The addition of these new units will see the removal from service of all older rolling stock and the provision of clock face timetabling on all intercity routes. These units are due to be delivered in 2007. Funding of some €55 million has been allocated from my Department's 2005 Estimate for rolling stock.

There are no specific allocations before my Department at present for rolling stock acquisition. However, longer term rolling stock requirements are being considered in the context of the multi-annual capital investment framework for transport, which is being finalised in my Department at present.

Proposed Legislation.

Dinny McGinley

Question:

14 Mr. McGinley asked the Minister for Transport his views on the recent consultants report commissioned by his Department on the proposed driver testing and standards authority; if he will act on its recommendations; if this report will be published; and if he will make a statement on the matter. [15504/05]

The report by consultants Farrell Grant Sparks, FGS, concerned the organisational structure for the proposed driver testing and standards authority. The report will assist in the process of setting up the authority as the establishment of the authority will require detailed consultation and negotiations with staff representatives and the report's recommendations are an important input into this process.

A significant recommendation of the report is that additional functions in the general area of road safety should be assigned to the authority. I have indicated during the course of the Second Stage debate on the Driver Testing and Standards Authority Bill 2004 that it is my intention to amend the Bill on Committee Stage to provide for the assignment of additional functions to the authority. A copy of the FGS report will be available on my Department's website shortly.

Rail Network.

Michael D. Higgins

Question:

15 Mr. M. Higgins asked the Minister for Transport when a decision will be made on the proposed western rail corridor; and if he will make a statement on the matter. [15557/05]

Damien English

Question:

41 Mr. English asked the Minister for Transport when the feasibility study on the western rail corridor will be published; his views on recent media leaks on the recommendations contained in this study; and if he will make a statement on the matter. [15498/05]

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

The working group to examine the proposal to reopen the western rail corridor was established by my predecessor, Deputy Séamus Brennan, in June last year. The chairman of the group, Mr. Pat McCann, chief executive of Jurys Doyle Hotel Group, submitted a report to me within the last 48 hours.

In the time available I have not had the opportunity to study the report in detail yet but it is clear that Mr. McCann has a positive disposition towards the restoration of the western rail corridor; a position that I have always maintained. I should clarify, however, that this is not a feasibility study; it is a report written by Mr. McCann based on the deliberations of the working group. I have no knowledge of or views on media leaks in relation to this subject.

The arrival of the report this week is very timely as it affords me the opportunity to consider its proposals in the context of the preparation of the multi-annual capital investment framework for transport currently under way within my Department.

I have asked my officials to urgently examine Mr. McCann's report to ensure that it is fully appraised in advance of the finalisation of the framework. It is in that process that decisions will be made in relation to the future of the western rail corridor.

Road Network.

Gerard Murphy

Question:

16 Mr. G. Murphy asked the Minister for Transport the way in which his anticipated ten year transport infrastructure plan will interface with the existing programme of work outlined under the NDP; and if he will make a statement on the matter. [15501/05]

Joan Burton

Question:

48 Ms Burton asked the Minister for Transport the progress of the Government’s consideration of the ten year transport investment programme; when a decision will be made; and if he will make a statement on the matter. [15552/05]

Damien English

Question:

50 Mr. English asked the Minister for Transport the elements of future transport infrastructure he views as a priority in relation to his anticipated ten year transport infrastructure strategy; the advice he is receiving on the aspects of this strategy which should be prioritised; if any one body is ensuring that the forthcoming strategy will be fully integrated; his views on any possible conflicts of interest between possible road and rail infrastructure projects; and if he will make a statement on the matter. [15497/05]

Eamon Ryan

Question:

133 Mr. Eamon Ryan asked the Minister for Transport when he expects to announce his new ten year transport plan; and if he will make a statement on the matter. [15773/05]

I propose to take Questions Nos. 16, 48, 50 and 133 together.

The transport investment framework will build on the work already completed under the transport element of the NDP. It will also take account of the work already done on investment priorities under the current capital envelope to end 2009 and of the various strategic studies already completed by my Department and its agencies, including A Platform for Change, the Strategic Rail Review and the National Road Needs Study. More specifically, my Department has engaged with Córas Iompair Éireann, the Railway Procurement Agency, the National Roads Authority and the Dublin Transportation Office in order to identify the broad direction and priorities under the investment framework.

It is a fundamental requirement that in so doing we propose an integrated solution to the transport challenges facing us and not merely a sectoral response.

An outline of the draft investment framework is currently under active consideration by the Cabinet committee on infrastructure, housing and PPPs. I intend to bring proposals to Government in due course once the Cabinet committee has concluded its work and I have fully considered the advice of the Attorney General in relation to the implications of the strategic environmental assessment directive.

It is not possible to outline the specifics of the draft framework pending the completion of its consideration by the Cabinet committee and a decision by the Government. However, the broad direction is expected to be along the following lines: completion of the major inter-urban motorways by 2010 and the upgrading of the rest of the national road network over the period of the framework; transformation of the transport system in the greater Dublin area, with a particular focus on the public transport network; completion of the renewal of the national rail network, with a major focus on the provision of enhanced services; upgrading of the public transport services in provincial cities and in the regions; addressing the management of the demand for transport; ensuring the accessibility of the public transport system to people with disabilities; and mainstreaming the rural transport initiative into the transport investment programme.

Question No. 17 answered with QuestionNo. 6.

Public Transport.

Olivia Mitchell

Question:

18 Ms O. Mitchell asked the Minister for Transport the measures in the short and longer term he intends to take to tackle the problem of growing commuting times revealed in a recent DTO survey examining the length of journey times into Dublin’s city centre; and if he will make a statement on the matter. [15486/05]

The Dublin Transportation Office's A Platform for Change provides the transport-planning framework for the development of the transport system in the greater Dublin area up to 2016 and is being used by my Department to guide investment decisions under the current five year capital envelope and the preparation of a ten year transport investment framework.

Major increases in the capacity of the public transport system are being delivered: (1) DART capacity has almost doubled since 2000; (2) 80 new diesel railcars were introduced earlier this year on suburban commuter services and a further 36 are to be delivered next year; (3) the peak capacity of Dublin Bus has increased by over 25%; (4) Bus Éireann has increased its services by around 40% from commuter towns, such as Drogheda, Navan and Naas, to the city centre; (5) to facilitate buses, my Department is funding a major programme to expand the quality bus corridor network and improve traffic management in the greater Dublin Area; and (6) the Luas is now in operation on the Sandyford green line and on the Tallaght red line and on schedule to carry 20 million passengers in its first full year of operation. Work is continuing on the DART upgrade project, phase 2 of which will deliver a further increase in capacity. Planning of the Kildare route project is also continuing, with a railway order application expected later this year. The completion of the M50, the port tunnel and the M50 upgrade will provide substantial additions to the city's strategic road network.

The Dublin Transportation Office also co-operates closely with the planning authorities to influence land use policies and planning decisions to favour more sustainable forms of transport at the planning stage. This is being achieved through integrated land use and transportation plans at local level and an input on major planning applications and appeals which are of strategic transport importance. All of this is being done with the spatial planning context provided by the national spatial strategy and the regional planning guidelines.

My Department is working on a ten year transport investment plan which will set the framework for further major capital expenditure on the capital's transport system. The Dublin Transportation Office is also working on a demand management strategy for the greater Dublin area, which is an essential complement to the investment programme.

Aengus Ó Snodaigh

Question:

19 Aengus Ó Snodaigh asked the Minister for Transport when Bus Átha Cliath will have the new buses promised under the national development plan delivered; the reason for not funding the planned fleet expansion; and the communication his Department has had with Dublin Bus on the matter. [15585/05]

Significant investment has been made to date under the national development plan in acquiring new buses for Dublin Bus. As a consequence, the capacity of the fleet has been increased by nearly 25% and the company is now carrying approximately 150 million passengers per annum. Approximately 400 buses have been purchased by Dublin Bus since 1999 with the assistance of Exchequer and EU funds.

Funding under the national development plan involves a combination of Exchequer, EU and CIE's own resources in delivering on the objectives contained in the plan.

I understand the company intends to purchase 70 new buses in 2005. The Exchequer is providing a sum of €1.2 million in part funding of these buses.

In addition to the significant Exchequer investment in Dublin Bus in recent years, there has also been significant investment made to date under the NDP in other modes such as Luas, suburban rail lines and the DART. In light of the significant expansion of rail capacity and considering demographic changes in the city, the management of Dublin Bus is examining whether capacity on certain corridors might be better utilised to meet growing demand elsewhere. I am awaiting the outcome of this review. I do, however, foresee an expansion in the bus market in the greater Dublin area in the coming years, involving participation by Bus Éireann, Dublin Bus and private operators. In this regard, my Department is currently in discussions with the parties concerned on the appropriate framework to give effect to such expansion.

Question No. 20 answered with QuestionNo. 12.

Road Safety.

Liz McManus

Question:

21 Ms McManus asked the Minister for Transport his views on the recent EuroRAP report on the state of Ireland’s roads; his further views on whether poor road conditions are a contributory factor to the deaths of many persons in car accidents; the efforts he will make to improve the particular stretches of road that have been highlighted in this report; and if he will make a statement on the matter. [15580/05]

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

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

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

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

However, I must emphasise that behavioural issues and not road conditions continue to be the single biggest contributory factor to road collisions. Analysis of factors contributing to fatal and injury accidents in 2002 indicate that driver behaviour, 86%, and pedestrian behaviour,9.7%, are the key contributory factors, whereas road factors were identified as contributory factors in only 2.5% of fatal and serious accident collisions.

Semi-State Bodies.

Kathleen Lynch

Question:

22 Ms Lynch asked the Minister for Transport if his approval was sought for the full package of financial measures for the former executives and directors of Aer Rianta; his views on whether such levels of compensation were appropriate; and if he will make a statement on the matter. [15572/05]

Ministerial approval in respect of payments to former Aer Rianta board members related to certain cases involving the premature termination of their terms of office. It was agreed by my predecessor that three board members who had not completed their terms of office as envisaged at the time of their original appointment should be paid the balance of their directors' fees which would otherwise have been payable to them had they completed their terms of office.

Aside from that specific arrangement, the approval of my predecessor was not sought or given for the severance terms of the outgoing acting chief executive which, I understand, were in the context of her contract as deputy chief executive. Nor was my predecessor's approval sought for the severance terms of the other members or executives of the former Aer Rianta board prior to its replacement by the Dublin Airport Authority on 1 October last year.

I understand from the Dublin Airport Authority that all directors on the new board of that authority have been fully briefed on the relevant provisions of the guidelines for State bodies, companies and ethics legislation and made fully aware of the business code of ethics.

Ministerial Meetings.

Seán Crowe

Question:

23 Mr. Crowe asked the Minister for Transport the communications he has had with the National Roads Authority since taking office; the number of meetings he has had with members of the authority; the written communication which has passed between his Department and the authority since his taking office; and if he will make a statement on the matter. [15582/05]

I have met members of the board and staff of the National Roads Authority, NRA, on a number of occasions since taking up office as Minister for Transport. I met with the entire board on 10 May 2004.

There is very regular correspondence and liaison between my Department and the NRA in relation to the national roads programme including, in particular, in relation to the drawdown of grants, progress in the implementation of the national roads programme both overall and at regional and project level, NRA staffing and future planning of the roads development programme.

Road Network.

Catherine Murphy

Question:

24 Ms C. Murphy asked the Minister for Transport if, in the consideration of the cost of a buy-out of the M50 toll bridge, a full cost benefit analysis has been carried out; if so, if factors such as accident rates, diversion rates and consequent damage to minor roads or the cost of congestion have been factored in; and if he will make a statement on the matter. [15484/05]

The statutory power to levy tolls on national roads, make toll bye-laws and enter into toll agreements with private investors in respect of national roads is vested in the National Roads Authority, NRA, under Part V of the Roads Act 1993, as amended by the Planning and Development Act 2000.

The buy-out of NTR's tolling rights at Westlink has not been considered by my Department or by the Government. The NRA has not submitted any proposals on the matter to my Department and in the event of a buy-out arising for consideration the issues referred to by the Deputy would be taken into account as appropriate.

Public Transport.

Phil Hogan

Question:

25 Mr. Hogan asked the Minister for Transport the progress made to date in the establishment of an independent public transport procurement and regulatory body; when this legislation will be published; when this body will be fully operational; and if he will make a statement on the matter. [15491/05]

Since my appointment last year, I have met with the management of Bus Éireann and Dublin Bus as well as the CIE unions and ICTU and representatives of the private bus industry on the reform of the bus market.

It remains my intention to establish an independent national public transport procurement and regulatory body to, inter alia, procure socially necessary bus services, license commercial services and regulate fares.

Officials in my Department are continuing to meet with stakeholders regarding their views on how to reform the market. On the basis of the discussions I have had with the stakeholders, I remain hopeful that significant progress can be made on an agreed framework to reform the bus market in the near future. Once agreement has been reached I intend to proceed with legislation as a matter of priority.

Light Rail Projects.

Olwyn Enright

Question:

26 Ms Enright asked the Minister for Transport his views on the development of a metro system to run from Dublin’s city centre to the airport; his further views on whether the Irish Rail interconnector plan serves a different and separate function to any proposed metro system; his further views on the opinion that a metro system can be built for less than €500 million; and if he will make a statement on the matter. [15495/05]

Róisín Shortall

Question:

73 Ms Shortall asked the Minister for Transport the position with regard to proposals for the construction of a metro system for Dublin; if new proposals on this matter have come before Cabinet; when a final decision on the metro will be made; and if he will make a statement on the matter. [15553/05]

Olivia Mitchell

Question:

131 Ms O. Mitchell asked the Minister for Transport his views on the development of a metro system to run from Dublin’s city centre to the airport; his further views on whether the Irish Rail interconnector plan serves a different and separate function to any proposed metro system; his further views on the opinion that a metro system can be built for less than €500 million; and if he will make a statement on the matter. [15717/05]

I propose to take Questions Nos. 26, 73 and 131 together.

The programme for Government contains a specific commitment to develop a metro for Dublin with a link to Dublin Airport.

The Railway Procurement Agency has submitted to my Department a detailed business case for a metro from the city centre to Dublin Airport while Iarnród Éireann submitted proposals last July for an integrated rail network in the greater Dublin area, including the interconnector project.

In the light of the announcement by the Minister for Finance in his Budget Statement of agreement in principle to a ten year capital investment envelope for transport, work is under way in my Department on a ten year transport investment framework.

An outline of the draft investment framework is currently under active consideration by the Cabinet committee on infrastructure, housing and PPPs. I intend to bring proposals to Government in due course once the Cabinet committee has concluded its work and I have fully considered the advice of the Attorney General in relation to the implications of the strategic environmental assessment directive.

I can confirm that the metro and the interconnector serve different functions. The purpose of the metro is to provide high capacity public transport in areas of the city not currently served by rail. The purpose of the interconnector is to better interconnect the existing Dublin suburban rail network, relieve a bottleneck in the city centre and increase the capacity of that network.

The projected cost of the metro has been the subject of a detailed analysis by the RPA. However, the actual cost will ultimately be determined through a competitive tendering process. I am anxious to ensure that all transport projects deliver value for money for the State, but I also consider it prudent at this early stage in the development of the metro project that we evaluate it on the basis of conservative cost assumptions.

State Airports.

Ruairí Quinn

Question:

27 Mr. Quinn asked the Minister for Transport his views on the latest annual report from Aer Lingus; when the new chief executive designate will take up his position; and if he will make a statement on the matter. [15574/05]

I welcome the recently announced Aer Lingus results for 2004 which show a solid financial performance for the year at the operational level with an operating profit of €96.3 million. The provision of €102.5 million for restructuring costs gives a net profit of €1.2 million for the year.

Significant developments during the year include further reductions in costs, the introduction of a new low fares strategy, the launch of the Fast Pass check-in facility at Dublin Airport and the dramatic increase in the use of the web for bookings. The board, management and staff are to be commended for this continued turnaround in the ongoing challenging environment in aviation.

Looking to the future, the competitive and changing nature of the aviation industry and the ongoing market pressures require a continuing focus by the company on cost reductions and efficiency improvements in order to sustain a profitable and viable operation which can take advantage of growth opportunities.

Unless the focus on efficiencies and competitiveness continues unabated, the airline will continue to be vulnerable to market forces and to unexpected economic and other external shocks. Furthermore, it will not have the necessary cost base to support a growth strategy. It is, therefore, vital that the cost cutting measures and new work practice changes in the company's existing business plan are delivered.

The second key essential for the future success of Aer Lingus is that it must be provided with the flexibility to grow and compete on a level playing field. The current situation in relation to access to capital is not sustainable and, if continued, will seriously restrict the airline, particularly in relation to profitable growth opportunities on long-haul routes. To fund that growth and to provide financial security, the airline must have access to the full range of funding mechanisms and equity capital is a crucial element in that mix.

In that context, the Government will be making a decision shortly on the necessary arrangements to be put in place to facilitate an investment transaction.

Once the Government makes its decision in the matter, consultations with all the stakeholders will take place in relation to options for a transaction and in relation to essential preparatory work.

In relation to the new chief executive designate, I have been advised by Aer Lingus that Dermot Mannion will be taking up the position at the airline in August 2005.

Rail Network.

Eamon Ryan

Question:

28 Mr. Eamon Ryan asked the Minister for Transport the analysis carried out on the possibility of diesel trains operating on the proposed new rail tunnel connecting Spencer Dock and Heuston Station; the estimated cost for the building on this rail interconnector; and the length of time it will take to deliver such a facility. [15655/05]

Mary Upton

Question:

38 Dr. Upton asked the Minister for Transport when a decision will be made on the proposed rail interconnector for Dublin; and if he will make a statement on the matter. [15554/05]

Ciarán Cuffe

Question:

44 Mr. Cuffe asked the Minister for Transport the plans being examined to increase the number of trains that can run on the main DART and mainline rail line crossing the River Liffey in view of the current limit on capacity at the Loop Line ridge crossing; if he has considered the possibility of building an additional spur from the DART line on the south of the river to head via the South Docks to connect to the northside and the main northern and north western rail lines; and if such an increase in capacity will not be provided by the proposed Heuston to Spencer Dock rail interconnector in view of the fact that this new line will be at a different grade to the mainline rail service at the proposed meeting point at Pearse Street Station. [15658/05]

I propose to take Questions Nos. 28, 38 and 44 together.

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

These proposals are being considered in the context of the multi-annual capital investment framework for transport, which is being prepared by my Department. When the framework has been approved by the Government, the implementing agencies will begin more detailed planning and analysis of the individual projects, including cost estimates and timescales.

I understand that, mainly for health and environmental reasons, it is not proposed to operate diesel trains in the interconnector tunnel.

As regards the DART, the signalling system in place at the present time means that the track between Connolly and Pearse Stations is limited to 12 train paths per hour. I expect to receive from Iarnród Éireann shortly proposals to upgrade the signalling system, which will increase the maximum number of trainpaths on this section of track to 16 per hour. In the longer term, the proposed interconnector tunnel will provide a direct connection between the northern and south western lines, facilitate a substantial increase in the overall capacity of the suburban network and address the capacity constraints in the city centre.

Gay Mitchell

Question:

29 Mr. G. Mitchell asked the Minister for Transport if he is satisfied with the existing rail commuter connections between Athy and Dublin’s city centre; if his attention has been drawn to the problems with this service; if he will report on any proposals to improve transport infrastructure, particularly road and rail connections, into and out of Athy; and if he will make a statement on the matter. [15500/05]

The scheduling and timetabling of trains is an operational issue for Iarnród Éireann.

I understand from Iarnród Éireann that commuter business from Carlow and Athy to Dublin is continuing to increase and the company hopes to improve rail service frequency further on the route when additional rolling stock is introduced in stages over the next three years.

The planning, design and implementation of national road improvement projects is a matter for the National Roads Authority and the local authorities concerned — in this case Kildare County Council — under section 17(1)(a) of the Roads Act 1993. I have asked the NRA to provide the Deputy directly with details of national roads projects in the Athy area.

Road Safety.

Pat Rabbitte

Question:

30 Mr. Rabbitte asked the Minister for Transport if he will report on the progress to date on the reintroduction of height limits for heavy goods vehicles as promised three years ago. [15668/05]

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

Forty-one responses to the discussion document have been received in my Department. These are being considered at present and I intend to announce the outcome of this consultation very shortly.

Road Network.

Emmet Stagg

Question:

31 Mr. Stagg asked the Minister for Transport the details of the proposed new outer ring road for Dublin; the efforts which will be made to ensure that such a ring road does not contribute to further urban sprawl; the timetable for the research, planning, and construction of this road; the estimated cost; and if he will make a statement on the matter. [15568/05]

The planning, design and implementation of national road improvement projects is a matter for the National Roads Authority, NRA, and the local authorities concerned.

As consideration by the NRA of the proposal for a Dublin outer orbital route is at an early stage the information requested by the Deputy is not available. The NRA is arranging to carry out further studies on the proposal taking account, inter alia, of the national spatial strategy, the regional planning guidelines and the planning and traffic implications of such a route for the greater Dublin region and neighbouring regions. The issues referred to by the Deputy will be taken into account in these studies.

Air Services.

Michael D. Higgins

Question:

32 Mr. M. Higgins asked the Minister for Transport the total amount paid by his Department to the Irish Aviation Authority in respect of charges due for foreign military aircraft passing through Irish airspace in respect of each of the past five years; the unit cost in respect of each such aircraft; the breakdown of the nationality of the aircraft in respect of which such charges were paid; and if he will make a statement on the matter. [15581/05]

The Irish Aviation Authority, IAA, provides air traffic control and communications services to aircraft which pass through Irish controlled airspace —en-route— and aircraft landing and taking off from Irish airports — terminal. Only a small proportion of military flights through Irish administered airspace actually pass through Irish sovereign airspace. Irish administered airspace covers 450,000 square kilometres of which 83,000 square kilometres is sovereign airspace.

Under a Eurocontrol, European organisation for the safety of air navigation, multilateral agreement to which Ireland is a party, various categories of flights — flights under visual flight rules, flights performed by small aircraft, flights performed for the transport of Heads of State and search and rescue flights — are exempt from paying en-route charges. In the case of other categories — military flights, training flights, flights performed to test air navigation equipment and circular flights — states have the option to exempt such flights from payment of the en-route charge. In common with most Eurocontrol member states, Ireland exempts all such flights, including military flights of member states of Eurocontrol, United States and Canada, from payment of the en-route charge and this arrangement has applied since Ireland joined the Eurocontrol en-route charging scheme in the early 1970’s. Because of this arrangement the IAA costs in relation to military flights are met from my Department’s Vote.

From information received from Eurocontrol it is understood that Austria, Finland, Switzerland and Moldova do not currently grant exempted status to US military flights. However, my Department understands that invoices issued by the above states to the US authorities in respect of military flights have not been paid.

Ireland also exempts military aircraft flights from payment of the communications charge — a set amount per contact — and the IAA costs in relation to those charges are also met from my Department's Vote. Efforts to collect this charge in the early 1990's were unsuccessful and, following advice from the Attorney General, debts then outstanding were written off with the agreement of the Department of Finance and a decision taken to cease charging the communications fee to military aircraft.

The total amounts, not including VAT, paid to the authority in the years 2000 to 2004 in relation to exempted flights other than flights under visual flight rules are as follows: 2000, €1,139,283; 2001, €1,377,560; 2002, €1,642,541; 2003, €2,148,374; and 2004, €3,687,933.

It should be noted that payments are made to the IAA in respect of exempted flights on a monthly basis in arrears and are subject to reconciliation in the following year. Therefore, the amounts paid to the IAA in any one year should not be taken as a definitive guide to the actual number of exempted flights that took place in that year.

En-route charges are dependent on various factors such as size and weight — this provides the number of service units — which is then multiplied by the unit rate. The unit rate is a rate set in respect of each member state by Eurocontrol and is related to the total costs of the IAA in providing air traffic control services as well as aviation-related costs of the Department and the Meteorological Service.

The total number of en-route flights and total number of en-route service units for the years 2001 to 2004 as provided by Eurocontrol — figures are not available for 2000 — are as follows:

2001

2002

2003

2004

No. of Flights

6,801

8,639

12,457

9,850

No. of Units

44,438

57,491

97,928

72,531

My Department is currently collating information received from Eurocontrol and the Irish Aviation Authority regarding the total number of exempted communication contacts, a breakdown of those contacts by nationality and a breakdown of the exempted en-route charge by nationality. I will revert to the Deputy on completion of this work.

Road Network.

Fergus O'Dowd

Question:

33 Mr. O’Dowd asked the Minister for Transport if he has received the feasibility undertaken by the NRA on a possible outer ring road for Dublin; if not, when it will be completed; his view on such a project; and if he will make a statement on the matter. [15494/05]

The planning, design and implementation of national road improvement projects, including a Dublin outer orbital route, is a matter for the National Roads Authority, NRA, and the local authorities concerned.

The NRA is undertaking further studies on the Dublin outer orbital route taking account, inter alia, of the national spatial strategy, the regional planning guidelines and the planning and traffic implications of such a route for the greater Dublin region and neighbouring regions. The tendering for and selection of consultants for this feasibility study has commenced and the report is expected in Qtr 2, 2006.

Semi-State Bodies.

Liz McManus

Question:

34 Ms McManus asked the Minister for Transport if the proceeds of an eventual sale of a portion of the State’s shareholding in Aer Lingus will not be reinvested into the company. [15670/05]

Jack Wall

Question:

61 Mr. Wall asked the Minister for Transport when a decision will be made on the future ownership structure and funding requirements of Aer Lingus; if his attention has been drawn to the serious concern within the company regarding the repeated failure to make a decision on this matter; his views on whether the transport and tourism requirements of this country can best be met by retaining public control of Aer Lingus; and if he will make a statement on the matter. [15573/05]

Róisín Shortall

Question:

132 Ms Shortall asked the Minister for Transport his plans in respect of the proceeds of any sale of Government shares in Aer Lingus; and if he will make a statement on the matter. [15769/05]

I propose to take Questions Nos. 34, 61 and 132 together.

Since becoming Minister for Transport, my focus has been to move forward to achieve clarity on the future of Aer Lingus as soon as possible. The key driver for this is to ensure that Aer Lingus continues to make a valuable contribution to the economic and tourism development of the country.

To achieve this, I believe that the airline must be provided with the flexibility to grow and compete on a level playing field. The current situation is restricting the airline, particularly in relation to profitable growth opportunities on long-haul routes. To fund that growth and to provide financial security, the airline must have access to the full range of funding mechanisms and equity capital is a crucial element in that mix.

As the Deputies are aware, the Government will be making a decision shortly on the necessary arrangements to be put in place to facilitate a capital injection in Aer Lingus. Clearly, the funding needs of Aer Lingus will determine the scale, nature and timing of any investment. These matters will be considered further once the Government has made its decision, appropriate advisers are engaged and consultations with stakeholders take place.

As I have already indicated, the key driver for facilitating an equity injection in Aer Lingus is to fund growth and provide financial security. It is clear that any investment transaction involving the issuing of new shares would ensure that the proceeds would go directly to the company. However, the proceeds from the sale of any existing shares held by the State in the company would go to the Exchequer in line with the provisions of the Aer Lingus Act 2004. Decisions in relation to these matters will be made at the appropriate time.

Rail Network.

Willie Penrose

Question:

35 Mr. Penrose asked the Minister for Transport the position in regard to the possible opening of a rail connection between Navan and Dublin via Dunboyne; and if he will make a statement on the matter. [15555/05]

Iarnród Éireann, in conjunction with Meath and Fingal County Councils, recently completed a feasibility study into the possibility of providing a spur off the Maynooth line at Clonsilla to Pace on the N3 beyond Dunboyne. I understand that the provision of a park and ride site at Pace to cater for Navan traffic has been included in the feasibility study.

I am aware that Iarnród Éireann is currently examining the study. The next step is for Iarnród Éireann to decide if and how it wishes to proceed with this project and I expect a report will be submitted to my Department in the near future.

Public Transport.

Thomas P. Broughan

Question:

36 Mr. Broughan asked the Minister for Transport if his attention has been drawn to the fact that Bus Éireann is reported to be paying up to €70 million per year to private bus operators due to a shortage of bus capacity; if he intends to provide additional funding to Bus Éireann to allow it to expand bus numbers; and if he will make a statement on the matter. [15578/05]

I have been informed by Bus Éireann that the company paid over €71 million to sub-contractors in 2004. The bulk of this figure was payment to rurally based private operators who were sub-contracted to provide school transport services nationwide to pupils in rural areas and those with special needs. Bus Éireann is responsible for the management and provision of the school transport scheme on behalf of the Department of Education and Science.

In addition, Bus Éireann engages private operators to augment its requirement of vehicles and drivers at peak times. The company states that this manner of operating is the most cost-effective and efficient way of providing Bus Éireann's nationwide integrated network of services.

Since the start of the national development plan Bus Éireann has purchased 391 new buses, 65 of which are additional to the fleet. While no Exchequer funding has been approved for the purchase of buses in 2005, the company propose to purchase a further 65 buses from its own resources this year.

Question No. 37 answered with QuestionNo. 9.
Question No. 38 answered with QuestionNo. 28.

Road Network.

John Gormley

Question:

39 Mr. Gormley asked the Minister for Transport the reports he has received on the proposed south eastern port access road in Dublin city; the proposed function of such a road; and the estimated cost for its completion. [15662/05]

The National Roads Authority, NRA, completed a preliminary design and financial study of an eastern bypass of Dublin city in 2002 and a copy was submitted to my Department. The further development of the proposals will be considered in the context of the multi-annual transport investment plan currently being prepared by my Department.

Given the likely scale and cost of any proposals —€1.4 billion, 2002 prices — to undertake an eastern bypass, Government approval of such proposals would be required.

Rail Network.

Breeda Moynihan-Cronin

Question:

40 Ms B. Moynihan-Cronin asked the Minister for Transport when the proposed memorandum of understanding between his Department and Irish Rail covering punctuality, cleaner carriages and queuing times will be finalised; the way in which the memorandum will operate; the penalties there will be for failure to meet the targets set; and if he will make a statement on the matter. [15558/05]

Over the last two years my Department agreed with Iarnród Éireann the memoranda of understanding, MOU, which, as well as accounting for public expenditure, provide a reporting structure for performance indicators from the company. They contain targets on service quantity and quality as well as detailed financial reporting requirements.

The contents of the memoranda and the targets therein are agreed annually between the company and my Department. These memoranda will in time become formal public service contracts underpinned by statute as part of a package to reform public transport. They will be externally audited. Failure to meet targets agreed will be discussed in the context of the company accounting for subvention and the level of subvention to be allocated for future years.

Question No. 41 answered with QuestionNo. 15.

Road Safety.

Mary Upton

Question:

42 Dr. Upton asked the Minister for Transport the steps being taken to reduce the dangers to pedestrians and cyclists from heavy goods vehicles; if he will require all such vehicles to be fitted with blind spot mirrors to improve visibility for drivers; and if he will make a statement on the matter. [15559/05]

Developments at EU level will result in new heavy goods vehicles, HGVs, having to comply with higher standards in relation to the fields of vision of drivers. EU Directive 2003/97/EC, which harmonises the rules relating to the type-approval of devices for indirect vision on motor vehicles and of vehicles equipped with these devices, provides, inter alia, for an extension of the field of vision so as to address the issue of blind spots. These enhanced requirements should lead to a reduction in fatalities and serious injuries involving pedestrians and cyclists due to the driver’s inadequate field of vision. The directive requires all new HGVs entering into service from 26 January 2007 to meet the revised standards for field of vision set in the directive. The directive was transposed into Irish law through the European Communities (Mechanically Propelled Vehicle Entry into Service) (Amendment) (No. 2) Regulations, which were made on 20 December 2004. Subject to practical engineering constraints and the agreement of the European Commission, it is my intention to also require existing vehicles of the types covered by the directive to be retrofitted with the necessary mirrors.

In the meantime, I have also written to representative groups the IRHA, SIMI, etc. and met with the Garda Síochána to encourage proactive measures be taken prior to January 2007. Also, drivers of mechanically propelled vehicles in a public place should be aware of the statutory requirements in road traffic law to drive with reasonable consideration for other persons and with due care and attention.

Public Transport.

Paul Kehoe

Question:

43 Mr. Kehoe asked the Minister for Transport the requests he has received from the board of Shannon Airport and local representatives regarding the upgrading of transport infrastructure in the Shannon region in order to secure a viable future for Shannon Airport; if he is in a position to ensure that such infrastructure will be upgraded in the region; and if he will make a statement on the matter. [15492/05]

Proposals have been made recently by the Shannon Airport Authority, Shannon Development Authority and the Mid-West Regional Authority regarding rollout of key infrastructural projects in the Shannon airport catchment area. I am aware also that it is the view of the board of the Shannon Airport Authority that there needs to be a complementary programme of this nature to underpin an independent and competitive Shannon Airport. Work under way in my Department on a ten year transport investment framework will address the future infrastructural requirements of the mid-west region. I would point out that there has been substantial investment in national roads in the Shannon region in recent years and this work is ongoing.

Projects that have already been completed include the N7 Limerick parkway, the N18 Ballycasey to Dromoland phase 1, Newmarket-on-Fergus bypass, the N18-N19 Hurlers Cross, the N20 Croom bypass and the N20-N21 Adare-Limerick scheme. Construction has also commenced on the N18 Ennis bypass.

In addition, the N7 Dublin-Limerick route has already been completed to motorway-dual carriageway standard as far as Portlaoise and, at the Limerick end, the N7 Limerick southern ring road, phase 1, was opened to traffic last year. The remainder of this route will be completed to motorway-high quality dual carriageway standard over the period to 2010. The N7 Limerick southern ring road, phase 2, which will incorporate a tunnel under the River Shannon, is due to start construction in 2006.

These major road improvement schemes are critical components of the transport infrastructure of the Shannon region which will not only improve the accessibility of the airport but also enhance the overall attractiveness of the region for investment and job creation.

As regards rail infrastructure, I met with the Shannon Rail Link Partnership on 22 March last to discuss the proposal for a rail link to Shannon and subsequent to that meeting Irish Rail brought forward draft terms of reference for a feasibility study. I expect that these terms of reference will be agreed shortly following consultations by Iarnród Éireann with the Shannon Rail Link Partnership.

Question No. 44 answered with QuestionNo. 28.

Parking Regulations.

Breeda Moynihan-Cronin

Question:

45 Ms B. Moynihan-Cronin asked the Minister for Transport if he will report on the promised review of the level of fines for breaches of disabled persons’ parking restrictions; the arrangements for consultation with disability groups and the timescale proposed for completion of this review. [15666/05]

The offence of illegally parking in a disabled persons' parking bay currently comes within the scope of the on-the-spot fines system. The amount of the on-the-spot fine applicable to this offence is €19, which is the level that applies to the majority of parking offences.

Where a person does not pay the on-the-spot fine and is subsequently convicted in court of the said offence, he or she is liable to a fine not exceeding €800 for a first offence. The maximum fine for a second or subsequent offence is €1,500 and, in the case of a third or subsequent offence committed within a 12 month period, €1,500 and-or a prison sentence of up to three months.

The Road Traffic Act 2002 provides for the replacement of the current on-the-spot fines system by a fixed charge system. The new system already applies to the offences of exceeding a speed limit and non-compliance with seat belt regulations. The original amount of the fixed charge will automatically increase by 50% where payment is not made within 28 days of the date of the original notice.

Regulations to provide for the rollout of the fixed charge system to the majority of traffic and parking offences, including the offence of parking in a disabled persons' parking bay, are currently being prepared by the Department of Transport in consultation with the Department of Justice, Equality and Law Reform and the Garda Síochána.

I indicated in the Dáil during the passage of the Road Traffic Bill before Christmas that I intend that the level of fixed charge for the offence of illegally parking in a disabled persons' parking bay will be pitched at a level that will be significantly higher than the fixed charge for other parking offences.

The operation of the fixed charge system is dependent on the development of a new computerised processing system for the Garda. I understand that it is expected to have the new system available during the summer of 2005.

Ministerial Meetings.

Seán Crowe

Question:

46 Mr. Crowe asked the Minister for Transport the communications he has had with National Toll Roads since taking office; the meetings he has had with board members or representatives of this company; if written communication has passed between his Department and this company since his taking office; and if he will make a statement on the matter. [15583/05]

I have had two meetings with representatives of NTR — on 17 February 2005 and 5 May 2005. Both meetings dealt with the issue of congestion at the Westlink bridge and the options for a speedy transition to barrier free tolling. In the course of both meetings I emphasised the critical importance of moving to barrier free tolling as quickly as possible. Following the 5 May meeting, at which NTR outlined options for moving to open road tolling at Westlink, NTR will now engage with the National Roads Authority in relation to the upgrade of that section of the M50, including the upgrade of the Westlink toll facility, operated by NTR.

In addition to the foregoing, my Department has had contact with NTR in relation to the State's share of the Westlink toll revenues and with NTR and other toll operators in relation to legislative changes necessary to support enforcement of a barrier free toll regime.

Light Rail Projects.

Olivia Mitchell

Question:

47 Ms O. Mitchell asked the Minister for Transport if he has received from the RPA the business plans which examine the extension of the Luas to Cherrywood and the Dublin Docklands; if he will report on the recommendations contained in these business plans; if these business plans will be published; and if he will make a statement on the matter. [15487/05]

Ciarán Cuffe

Question:

55 Mr. Cuffe asked the Minister for Transport when the railway order process for the extension of the Sandyford Luas line to Cherrywood will be initiated. [15659/05]

I propose to take Questions Nos. 47 and 55 together.

Responsibility for the development of specific proposals for the expansion of the Luas network lies with the Railway Procurement Agency, RPA. The RPA is currently advancing plans for extensions of Luas to the docklands and Cherrywood and my Department is awaiting business plans from the RPA in order to assist in its evaluation of both extensions. Business plans are not usually published.

Both projects will be considered at a strategic level in the context of the multi-annual transport investment framework which I am developing. A draft of the multi-annual transport plan is currently under consideration by the Cabinet committee on infrastructure, housing and PPPs. I will bring proposals to Government in due course once the Cabinet committee has concluded its work.

Under the Transport (Railway Infrastructure) Act 2001, the statutory approval process for any specific extension of the Luas network is initiated by an application to me by the RPA for a railway order. I understand that such an application, in respect of the Luas extension to Cherrywood, is likely to be submitted in the near future.

Question No. 48 answered with QuestionNo. 16.

Aviation Strategy.

Arthur Morgan

Question:

49 Mr. Morgan asked the Minister for Transport if he has considered the need to contribute to an all-Ireland strategy on aviation in view of the ongoing strategic reviews of the running of airports and the ownership and funding of Aer Lingus; if he has had meetings or communications with either airport authorities or airlines in the Six Counties; and if he will make a statement on the matter. [15587/05]

As a result of the full liberalisation of the European aviation market in the 1990s, there are no longer any Government or EU controls on market access in the Irish aviation market. This influences my overall approach to that market. Liberalisation of the European air transport sector has ensured that fares, routes and frequency of services operated by carriers at all airports on the island of Ireland are entirely commercial decisions for each airline, in consultation with the relevant airport authorities.

The Government has a long-standing policy of assisting Derry Airport, in the interests of North-South co-operation, and in recognition of the fact that the natural catchment area of the airport includes east Donegal. The Government recently approved proposals for the allocation of capital funding for City of Derry Airport in co-operation with the British Government. A joint funding package totalling €15 million was approved, in principle, in response to requests from Derry City Council.

Since 2001, my Department has been supporting scheduled air services between Derry and Dublin through the PSO air service programme and tender proposals for the operation of services on the route for the next three years are currently being considered.

Specifically in relation to Aer Lingus, it is this Government's wish that the airline continues to make a significant and valuable contribution to the economic and tourism development of the country. Everyone would agree that it can only do this if it can compete successfully, operate profitably and has access to a variety of funding sources to facilitate growth.

I am very anxious, in the interests of the airline and the Irish economy, to move forward to achieve clarity on the future of Aer Lingus as soon as possible. In that context, the Government will be making a decision shortly on the necessary arrangements to be put in place to facilitate an investment transaction.

Question No. 50 answered with QuestionNo. 16.
Question No. 51 answered with QuestionNo. 12.

Vehicle Licensing.

Brian O'Shea

Question:

52 Mr. O’Shea asked the Minister for Transport if a heavy goods vehicle that recently overturned at a junction on the M50, causing massive traffic disruption, was unlicensed; if he has satisfied that the current level of supervision and checking of such vehicles is adequate; and if he will make a statement on the matter. [15561/05]

If the Deputy could let me have the registration number of the vehicle in question, I will advise whether the vehicle is covered by a road freight carrier's licence issued by my Department. Enforcement of road freight carrier licensing is undertaken by both my Department and the Garda Síochána while enforcement of the vehicle safety requirements of the Road Traffic Acts is a matter for the Garda Síochána.

Public Transport.

Róisín Shortall

Question:

53 Ms Shortall asked the Minister for Transport the number of buses in the Dublin Bus fleet in each year from 2001; the number of additional buses that will be acquired during 2005; when he intends to provide the funding promised to acquire 150 extra buses; and if he will make a statement on the matter. [15577/05]

I have been advised by Dublin Bus that the total number of buses in its fleet for each year since 2001 is 1,062 buses. In this period, the company has replaced mini and single deck buses with higher capacity double deck buses, thus increasing the passenger carrying capacity of its fleet by nearly 25%.

I understand the company intends to purchase 70 new replacement buses in 2005. These new buses include 20 new high capacity triaxle buses which provide 20% more passenger carrying capacity than double deck buses. Exchequer funding of €1.2 million is being provided towards the cost of these buses.

Dublin Bus is currently examining ways of maximising the utilisation of the bus fleet, in light of the significant investment made to date under the national development plan in other modes such as Luas, suburban rail and the DART upgrade, and I am awaiting the outcome of this review.

I foresee an expansion in the bus market in the greater Dublin area in the coming years, involving participation by Bus Éireann, Dublin Bus and private operators. In this regard, my Department is currently in discussions with the parties concerned on the appropriate framework to give effect to such expansion.

Road Network.

Olwyn Enright

Question:

54 Ms Enright asked the Minister for Transport his views on whether development of the Dublin Port tunnel will solve an infrastructure problem or will create the need for further investment in the transport infrastructure system; and if he will make a statement on the matter. [15496/05]

The Dublin Port tunnel project was developed by Dublin City Council, and the National Roads Authority, NRA. As a major new addition to the road infrastructure in the Dublin area, the port tunnel will provide a high quality access route for heavy goods vehicles getting to and from Dublin Port and will improve traffic flow in the city for freight distributors and other port-related traffic. The port tunnel will also have substantial environmental and safety benefits through the removal of HGVs from residential areas.

I understand that arrangements are being put in place by Dublin City Council and the NRA to ensure the smooth integration of traffic from the port tunnel into the Dublin road network, particularly at the M1-M50 interchange, and to avoid congestion in the port area.

I am informed that these measures together with the significant upgrade of the M50, including the move to free flow open road tolling, the opening of the south eastern motorway section of the M50 this summer, the widening of the N7 Naas Road, and the upgrade projects on the N2 and N3 will deliver important improvements to the capital's road network. I am confident that these major improvement works will deliver a quality road infrastructure that is safer and reduce congestion for all road users.

Question No. 55 answered with QuestionNo. 47.

Road Safety.

Joe Sherlock

Question:

56 Mr. Sherlock asked the Minister for Transport when the promised updated version of the official rules of the road handbook will be available; and if he will make a statement on the matter. [15575/05]

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

Question No. 57 answered with QuestionNo. 6.

Parking Facilities.

Willie Penrose

Question:

58 Mr. Penrose asked the Minister for Transport when the new park and ride facilities in the Dublin area, recently announced, will be operational; the number and location of such sites; and if he will make a statement on the matter. [15565/05]

Bernard J. Durkan

Question:

146 Mr. Durkan asked the Minister for Transport his plans to create extra parking facilities in the vicinity of all railway stations with a view to alleviating road traffic congestion; and if he will make a statement on the matter. [15872/05]

I propose to take Questions Nos. 58 and 146 together.

Park and ride is included as an element of the Dublin Transportation Office, DTO, transport strategy 2000-16, A Platform for Change. Where their use is appropriate, such facilities need to be designed and implemented in association with other measures, such as public transport improvements, traffic management and parking controls. A Dublin Transportation Office working group, consisting of representatives of the DTO itself, Iarnród Éireann, RPA and the local authorities, produced a strategy in November 2004 for the development of rail-based park and ride facilities in the greater Dublin area.

Earlier this week, I had a detailed and very productive discussion with the chairman and chief executive of the DTO on the findings and recommendations of this strategy. I will communicate with the DTO in the next few days setting out my response to its strategy.

I am acutely aware of the need to develop appropriate park and ride facilities in order to facilitate as in other major urban areas, the modal shift from car use to the use of public transport. Officials in my Department are continuing to consult the relevant authorities to ensure this matter is given adequate attention and support will be provided in appropriate cases. As tangible evidence of this policy, my Department provided financial support for a 920 space park and ride facility which opened in Cork in December 2004.

Vehicle Testing.

Brian O'Shea

Question:

59 Mr. O’Shea asked the Minister for Transport if his attention has been drawn to a recent report from the British Vehicle and Operator Services Agency that found that a high proportion of Irish registered lorries travelling to Britain failed roadside mechanical or driver tests when checked during 2003 and 2004; his views on the findings; if he has satisfied himself with safety standards of Irish vehicles; and if he will make a statement on the matter. [15560/05]

There has been a press report to that effect. I have asked my Department to obtain a copy of the British agency's report. Motor vehicles must comply with a range of requirements while being used in a public place. These requirements are set out in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002, Road Traffic (Construction and Use of Vehicles) Regulations 2003 to 2004 and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996. Road traffic law assigns responsibility to the user of the vehicle for ensuring compliance with these regulations. Enforcement of road traffic law is a matter for the Garda Síochána.

In accordance with EU requirements, goods vehicles and trailers are liable for a roadworthiness test when they are one year old and every year thereafter. The items to be tested as part of a vehicle test are specified in a EU directive. The roadworthiness test reflects both the requirements of the directive and those laid down in the national "in-use" regulations.

The implementation of EU Directive 2000/30/EC which provides for random roadside roadworthiness testing of HGVs will also assist in securing adherence to vehicle standards. My Department is in discussions with the Garda Síochána with a view to putting in place the necessary arrangements for full implementation of the directive.

National Car Test.

Pat Rabbitte

Question:

60 Mr. Rabbitte asked the Minister for Transport the number of public meetings held to date under the consultation process on the performance of the national car test; the average numbers attending at each such meeting; the expected total cost of this process; when it is likely to be completed; and if he will make a statement on the matter. [15563/05]

Notices concerning the public consultation process for the mid-term review of the national car testing service were placed in both national and local newspapers. The notices invited submissions and suggestions for changes in the car testing services and outlined that they may be submitted on-line at www.nctsreview.ie, in writing to NCT review, PricewaterhouseCoopers, Wilton Place, Dublin 2, or in person at one of the public consultation meetings.

In addition, 10,000 car owners were issued with letters informing them of the review and inviting them to attend one of the public meetings that have been organised as part of the consultation process. These meetings have been arranged over the period from 2 to 18 May in Sligo, Tuam, Macroom, Kilkenny, Longford, Dublin and Limerick. The numbers attending the meetings last week in Sligo, Tuam and Macroom were of the order 20, 10 and 22, respectively. The costs associated with the review will not be determined until the review has been completed but they are not expected to be significant. They will be met from subhead B4 of the Department's Vote from which expenses related to the supervision of the national car testing service are met. The public consultation phase of the mid-term review of the car testing service will be concluded by the end of the month.

Question No. 61 answered with QuestionNo. 34.

Road Network.

Eamon Gilmore

Question:

62 Mr. Gilmore asked the Minister for Transport if he has had discussions with the Department of the Environment, Heritage and Local Government in regard to the routing of the planned M3 motorway, particularly in regard to the Tara-Skryne valley; and if he will make a statement on the matter. [15566/05]

The planning, design and implementation of national road improvement projects, including the M3 project, are matters for the National Roads Authority, NRA, and the local authorities concerned — in this case Meath County Council.

In recent months both my officials and myself have informally impressed on the officials and Minister for the Environment, Heritage and Local Government the desirability of resolving the archaeological issues relating to the M3 route.

Question No. 63 answered with QuestionNo. 9.

Taxi Regulations.

Jan O'Sullivan

Question:

64 Ms O’Sullivan asked the Minister for Transport when new regulations on customer service and safety standards in the taxi industry will be implemented; the precise areas that these regulations focus on; the number of submissions from the public he has received in this respect following the public consultation phase; and if he will make a statement on the matter. [15567/05]

As indicated in the reply to Question No. 49 of 24 March 2005, I understand that the Commission for Taxi Regulation is currently reviewing existing regulations governing safety and service standards in the industry. The outcome of this review will provide the basis for the development of a new national code for the regulation of taxis, wheelchair accessible taxis, hackneys and limousines and their drivers.

It is understood from the commission that 131 submissions have been received in response to the public consultation process and these are being considered. It is further understood that the commission aims to complete the review process by the end of May 2005 following which the preparation of the new code of regulation will commence.

Question No. 65 answered with QuestionNo. 6.

Road Network.

Kathleen Lynch

Question:

66 Ms Lynch asked the Minister for Transport the situation with regard to plans to introduce open tolling on national motorways; the discussions he has had with the NRA and NTR in this regard; when the necessary legislation will be published; and if he will make a statement on the matter. [15569/05]

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

My Department is contributing to the process by reviewing the need to change, where necessary, the legislative framework so as to facilitate the introduction of open road tolling. In particular, it is likely that legislation will be needed to implement appropriate deterrents for non-payment of tolls in an open road tolling environment. I anticipate, subject to the other priorities on the legislative programme, that the draft legislation will be introduced in autumn of this year.

Public Transport.

Catherine Murphy

Question:

67 Ms C. Murphy asked the Minister for Transport the number of applications for licences of new public transport routes which are being considered by his Department; the locations to which these licences refer; the date on which the applications were made; and the providers who made the application. [15485/05]

The Road Transport Act 1932 provides the legislative basis for entry to the public transport market by private bus operators. In accordance with this legislation, private bus operators apply to my Department for passenger licences to provide bus services on specific routes within the State. In accordance with long-standing practice, details of applications received in my Department remain confidential until a decision is made.

However, as of 10 May 2005, there are two applications outstanding from 2003. My Department has had extensive correspondence with these applicants. They are now at an advanced stage of consideration and I expect decisions will be given shortly in respect of them. A total of 31 applications are outstanding from 2004 and 40 applications are outstanding in 2005. In addition to these outstanding passenger licence applications for new routes, my Department also has 106 requests to amend current passenger licences under consideration.

Applications under the Road Transport Act 1932 are generally dealt with on a first come, first served basis. However, pressing or exceptional circumstances can be taken into account in determining the order in which applications are dealt with.

Road Network.

Seán Ryan

Question:

68 Mr. S. Ryan asked the Minister for Transport the procedures in place to ensure value for money in respect of public private partnership road contracts; the information available to him in that regard; and if he will make a statement on the matter. [15671/05]

The assessment and evaluation of individual national road projects, including value for money, is undertaken by the National Roads Authority, NRA, as an integral part of the planning of projects in accordance with Department of Finance guidelines on the appraisal and management of capital projects and working rules for cost benefit analysis. In addition, the development and implementation of toll-based PPP projects also take account of Department of Finance interim guidelines on the assessment, approval and procurement of PPP projects.

In assessing value for money of road PPP projects, the NRA prepares a financial comparator which represents the cost under traditional procurement. This is compared with the cost to the public sector under a PPP arrangement to assess which offers better value for money. This value for money comparison is undertaken at different stages of the PPP procurement process. At the final stage, the best and final offer submission which has been judged most economically advantageous is compared against the financial comparator to confirm that a toll-based PPP offers better value for money.

The detailed appraisal procedures followed by the NRA for all roads projects indicate that the national roads programme represents good value for money, given the significant economic and social benefits deriving from improving our national road network. In recent years a number of independent evaluations conducted by Fitzpatrick and Associates in 2002, Indecon in 2003 and the Office of the Comptroller and Auditor General in 2004 have acknowledged that the national roads programme is, in general, well managed.

Public Transport.

Eamon Ryan

Question:

69 Mr. Eamon Ryan asked the Minister for Transport the budget that will be provided in 2005 for the purchase of new buses by Dublin Bus; if there is a standard frequency of service required on new quality bus corridors; and if the rollout of quality bus corridors in Dublin is being restricted by the lack of new buses to provide such levels of service. [15654/05]

I understand that Dublin Bus intends to purchase 70 new replacement buses, including 20 high capacity tri-axle buses, in 2005. Exchequer funding of €1.2 million is being provided towards the cost of these buses. The new tri-axle buses will provide 20% more passenger carrying capacity than double deck buses.

Significant Exchequer investment has been made in Dublin Bus in recent years. However, there has also been significant investment made to date under the NDP in other modes such as Luas, suburban rail lines and the DART. In light of the significant expansion of rail capacity and considering demographic changes in the city, the management of Dublin Bus is examining whether capacity on certain corridors might be better utilized to meet growing demand elsewhere. I am awaiting the outcome of this review.

I have been advised by the Dublin Transportation Office that the specification for a QBC includes the expected average passenger wait time of 3 minutes at a bus stop. My Department has allocated €40 million for traffic management to the Dublin Transportation Office in 2005. QBCs account for a significant proportion of the funding under this scheme. I understand the traffic management grants committee of the Dublin Transportation Office is currently prioritising the list of QBCs with a view to ensuring that the full allocation of funding, which has been provided, will be drawn down in the course of 2005.

I foresee an expansion in the bus market in the greater Dublin area in the coming years, involving participation by Bus Éireann, Dublin Bus and private operators. In this regard, my Department is currently in discussions with the parties concerned on the appropriate framework to give effect to such expansion.

Road Traffic Offences.

Fergus O'Dowd

Question:

70 Mr. O’Dowd asked the Minister for Transport the position regarding the use of digital imagery in speed cameras under the terms of road traffic legislation; if it is necessary to introduce additional road traffic legislation in order to allow digital imagery to be used in the prosecution of offences resulting from speeding offences under road traffic legislation; and if he will make a statement on the matter. [15493/05]

Section 21 of the Road Traffic Act 2002 provides an appropriate and comprehensive basis for the use of apparatus, including cameras, for the purpose of establishing evidence in respect of a range of traffic offences, including speeding offences. The Road Traffic Act 2004 introduced further clarity to the provisions of section 21 in order to affirm the use of radar guns and other apparatus that do not produce permanent records, to support Garda enforcement.

The parameters established by section 21 for the use of apparatus generally are stated in the broadest possible manner in order to facilitate the deployment of any technology currently in use including digital imaging. Decisions relating to both the type of equipment and the technology to be deployed to support enforcement are matters for the determination of the Garda Commissioner.

Traffic Management.

Paul Nicholas Gogarty

Question:

71 Mr. Gogarty asked the Minister for Transport if his Department has received information on the proposed traffic management measures due to be put in place during the first phase of the upgrade of the M50; and if the road works will have an adverse effect on congestion during that period. [15660/05]

The planning, design and implementation of national road improvement projects, including related traffic management arrangements as part of these projects, are matters for the National Roads Authority, NRA, the local authorities concerned and the relevant contractors. I understand from the NRA that the maximum possible maintenance of traffic flow will be an important part of the contract for the construction of the scheme.

Question No. 72 answered with QuestionNo. 6.
Question No. 73 answered with QuestionNo. 26.

Road Traffic Offences.

Jan O'Sullivan

Question:

74 Ms O’Sullivan asked the Minister for Transport if, in respect of the inspectorate of the road haulage section of his Department, he will report on the number of drivers found to be driving without an appropriate licence; the number of drivers found to have committed tachograph offences in each of the past five years; and the penalties imposed in each case. [15667/05]

The number of drivers who were found by the inspectorate in my Department to be driving vehicles that were not covered by a road freight carrier's licence in each of the past five years is as follows:

Year

2000

2001

2002

2003

2004

Number of drivers

55

39

120

154

159

Regarding tachograph offences, the position is that my Department records information on the number of tachograph offences detected at the premises of operators and at checks on drivers at the roadside. The Department does not, however, maintain separate statistics on the number of drivers that are found to have committed tachograph offences. Invariably, individual drivers found to be in breach of the tachograph rules are found to have a number of such infringements. Details of the tachograph offences detected in respect of drivers in the past five years are set out in the following table.

Year

2000

2001

2002

2003

2004

No. of detected tachograph offences by drivers

2,924

4,226

4,298

3,436

4,502

The question of the fines actually imposed in each case with regard to vehicle licensing and tachograph offences is a matter for the courts. For a tachograph offence, the law provides for a maximum fine of €1,270 or six months imprisonment or both. In the case of illegal haulage, the maximum fine is €1,905 or six months imprisonment or both. Records of the fines actually imposed are retained by the courts.

Road Safety.

Joan Burton

Question:

75 Ms Burton asked the Minister for Transport when he intends to introduce legislative measures to counter the use of mobile phones by drivers in view of the clear safety implications of this practice; and if he will make a statement on the matter. [15576/05]

Arising out of advice from the Attorney General that the existing regulations on mobile phone use by drivers may be ultra vires, the use of mobile phones while driving is under examination in my Department in the overall context of in-vehicle information and communications technologies. Subject to the outcome of that examination, it is my intention to include proposals related to the use of mobile phones by drivers in the next appropriate Road Traffic Bill.

Decentralisation Programme.

David Stanton

Question:

76 Mr. Stanton asked the Minister for Transport the progress that has been made in the decentralisation of State agencies to Mitchelstown; the number of posts to be decentralised to this location; the number of personnel identified and willing to move to Mitchelstown; if he has secured suitable accommodation in this location for decentralisation; and if he will make a statement on the matter. [13423/05]

Under the decentralisation programme, Bus Éireann headquarters posts are to be relocated to Mitchelstown. That position remains unchanged. To date, 86 posts suitable for decentralisation have been identified by the company, however, no employee has indicated a wish to move and this is being examined. Implementation issues, including the identification of accommodation, are being pursued by Bus Éireann.

Road Network.

Thomas P. Broughan

Question:

77 Mr. Broughan asked the Minister for Transport the anticipated opening date for the Dublin Port tunnel; the current estimated total cost of the project; and if he will make a statement on the matter. [15579/05]

The planning, design and implementation of national road improvement projects, including the Dublin Port tunnel, are matters for the National Roads Authority, NRA, and the local authorities concerned — in this case, Dublin City Council. However, I understand from the NRA and Dublin City Council that construction of the port tunnel is expected to be completed in December 2005 and the tunnel will be open to traffic six to eight weeks later, following commissioning of the tunnel's operations and safety features. The final cost is estimated at €751 million — 2005 prices.

Air Services.

Joe Sherlock

Question:

78 Mr. Sherlock asked the Minister for Transport the number of US troops that have passed through Shannon Airport in 2005; if this figure represents an increase in the total for the same period in 2004; the type of facilities that are made available to these troops when passing through Shannon; and if he will make a statement on the matter. [12348/05]

Civilian air carriers carrying weapons or munitions wishing to land or over-fly Irish airspace are obliged to seek exemption from the provisions of sections 6 and 7 of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973. This order applies only to the carriage of munitions of war, weapons and dangerous goods and not to military personnel. There is no limitation on the carriage of military troops on civilian aircraft if they are unaccompanied by weapons or munitions, as is sometimes the case. Therefore, my Department do not collate information with regard to the number of military troops onboard civilian aircraft.

However, on the basis of information collected by Shannon Airport management, the number of US troops that have passed through Shannon Airport from 1 January 2005 to 30 April 2005, the most recent figures available, is 110,766. In the same period in 2004, the number of troops was 47,149. While in Shannon Airport, the US troops have access to the transit lounge area. The facilities here include duty free, shopping area, toilets and refreshments.

Mental Health Services.

Finian McGrath

Question:

79 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if a care plan will be put in place urgently for a person (details supplied) in Dublin 10 and their case made a priority. [15720/05]

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 mental 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.

Departmental Investigations.

Dan Neville

Question:

80 Mr. Neville asked the Tánaiste and Minister for Health and Children the position with regard to recommendations by the review committee in its report on June 2004 into a death by suicide at the Mid-West Regional Hospital; and the position regarding the engagement with the HSE and private psychiatric facilities to ensure that the eligibility of private patients is ascertained prior to their acceptance and admission. [15721/05]

My Department has sought legal advice from the Office of the Attorney General with regard to publishing the report referred to by the Deputy. Pending further consideration of the matter by the Office of the Attorney General, the Department has been advised against publication of the report either in full or in an edited format. In the circumstances, it would be inappropriate to make comment further on the detail of the report at this time.

Hospital Charges.

Dan Neville

Question:

81 Mr. Neville asked the Tánaiste and Minister for Health and Children the charges for an hour long examination in a ward of the Mid-West Regional Hospital; and the person who determines the charge. [15722/05]

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 services at the Mid-West Regional Hospital. My Department has requested the chief officer for the executive's mid-western area to investigate the matter raised and to reply directly to the Deputy.

Mental Health Services.

Dan Neville

Question:

82 Mr. Neville asked the Tánaiste and Minister for Health and Children the funding allocated in 2005 to provide staff and an additional 14 beds at the Central Mental Hospital. [15723/05]

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 funding of mental 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.

Community Care.

Liz McManus

Question:

83 Ms McManus asked the Tánaiste and Minister for Health and Children the number of hours provided by the home help service, by county, for each of the years 2002, 2003 and 2004; and if she will make a statement on the matter. [15724/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Accordingly, my Department has requested the national director for primary, community and continuing care at the HSE to investigate the matter raised and to reply direct to the Deputy.

Services for People with Disabilities.

Liz McManus

Question:

84 Ms McManus asked the Tánaiste and Minister for Health and Children when the funding for disabilities promised by the Government in budget 2005 will be awarded to a provider of services (details supplied) in County Wicklow in order that it can advise parents, whose children are on waiting lists for placements in 2005, in regard to either the number of new places which will be provided or the quantum of new revenue and capital funding which might be made available to address their needs. [15725/05]

It is my Department's understanding from inquiries made of the Health Service Executive that the east coast intellectual disabilities development committee, of which the agency mentioned by the Deputy in details supplied is a member, met on the fourth of this month and agreed proposals with regard to development funding for 2005.

This information was collated by the Health Service Executive's east coast area and forwarded to the Health Service Executive's national directorate in the form of business plans-proposals. The Health Service Executive east coast area has no indication at present when or how much funding will be made available but will revert to the agency as soon as this information is to hand.

Health Services.

Pat Breen

Question:

85 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Clare will be called for a CDC assessment; and if she will make a statement on the matter. [15752/05]

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

Ambulance Service.

Brian O'Shea

Question:

86 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if she will enter into discussions with the Department of Defence in regard to the use of military helicopters to transport very ill cancer patients requiring radiotherapy treatment either for therapy or palliative care and living outside Dublin, Cork or Galway, for that treatment; and if she will make a statement on the matter. [15796/05]

Brian O'Shea

Question:

87 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if she will enter into discussions with the HSE regarding the provision of a helicopter service to transport very ill cancer patients requiring radiotherapy treatment either for therapy or palliative care and living outside Dublin, Cork and Galway, for that treatment; and if she will make a statement on the matter. [15797/05]

I propose to take Questions Nos. 86 and 87 together.

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

I consider that appropriate transport arrangements for patients requiring radiotherapy should be made available, where necessary, by the Health Service Executive. Accordingly, at my request, my Department has asked the director of the National Hospitals Office to examine the provision of road transport for such patients as a priority.

Inter-hospital air ambulance services are currently provided by the Air Corps and the Irish Coastguard to facilitate the emergency transfer of patients. The service is provided subject to the availability of the necessary aircraft and other operational considerations. My Department, in consultation with the Health Service Executive, is currently finalising a service-level agreement with the Department of Defence to formalise arrangements for the future provision of this service.

Medical Cards.

Jimmy Deenihan

Question:

88 Mr. Deenihan asked the Tánaiste and Minister for Health and Children when she will introduce doctor-only medical cards; and if she will make a statement on the matter. [15798/05]

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 will include responsibility for the determination of eligibility of persons to GP visit cards.

In November 2004, I announced the intention of extending free access to general practitioner services under the General Medical Service scheme to up to an extra 200,000 persons. Free access to general practitioner services will be the only service available to holders of GP visit cards. Funding has been provided in 2005 for this measure and it is my intention that the required target can be met by the end of 2005. Regarding the GP visit cards, the Health Service Executive has put in place the necessary administrative arrangements for their introduction. A public information campaign will be commenced over the coming days, which will indicate the process to be followed by applicants to obtain application forms and to have their eligibility assessed by the HSE. In the first instance, the HSE will consider the applicants eligibility for a full medical card. A process of engagement with the contractor and staff representative bodies is ongoing and it is my intention to have GP visit cards available to persons on low income as quickly as possible.

Fairtrade Products.

Dan Boyle

Question:

89 Mr. Boyle asked the Tánaiste and Minister for Health and Children the extent to which her Department sources Fairtrade products for use in same. [15816/05]

The purchase of any products by my Department must be in accordance with the procedures governing public procurement. I understand that Fairtrade products refer in the main to food items and, as such, purchases by the restaurant in my Department are a matter for the catering company concerned. However, I can confirm that the current catering company has a contract for the supply of coffee beans from a supplier that enforces the Fairtrade policy. In addition, this company is accredited to Féile Bia which promotes the purchase of reliable and safe produce.

Appointments to State Boards.

Dan Boyle

Question:

90 Mr. Boyle asked the Tánaiste and Minister for Health and Children the current nominations for vacancies on boards of statutory agencies under the remit of her Department. [15830/05]

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. Nominations for appointments to boards of statutory agencies under the aegis of my Department can arise in different ways. Some members are nominated by prescribed bodies, individual office holders or organisations and others are appointed by me, as Minister for Health and Children, having 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.

I take it the Deputy is referring to current vacancies on boards for which nominations have been finalised. On that basis, appointments are due to be made by me to the board of Leopardstown Park Hospital and nominations for two of the positions on that particular board have been received from the Secretary of State for Defence in the United Kingdom, in accordance with the provisions of the relevant statutory instruments.

Medical Cards.

Bernard J. Durkan

Question:

91 Mr. Durkan asked the Tánaiste and Minister for Health and Children when a replacement medical card will issue in the case of persons (details supplied) in Dublin 6; and if she will make a statement on the matter. [15855/05]

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

Crime Prevention.

Jim O'Keeffe

Question:

92 Mr. J. O’Keeffe asked the Minister for Finance if an up-to-date study has been made concerning entry points into the State for illegal drugs; the routes now principally thought to be used whether by land, sea or air; if further steps are proposed to seal off these routes; and if he will make a statement on the matter. [15739/05]

The Customs Service of the Revenue Commissioners has primary responsibility for the prevention, detection, interception and seizure of controlled drugs intended to be smuggled or illegally imported into the State. The Revenue Commissioners have informed me that the position in relation to the issues raised by the Deputy is as follows. Drug enforcement work is carried out with the assistance of other law enforcement partner agencies, both at national and international level. Revenue constantly evaluates the effectiveness of how it manages and deploys its enforcement, anti-smuggling, intelligence and operational resources to tackle the serious threat of drug smuggling. A crucial part of this process is the constant updating of intelligence at all levels of the drugs production and supply chain network, including current national and international drug smuggling routes and the smuggling methodologies used. The Deputy will appreciate that detailed, confidential information-intelligence flow is required to ensure success in drugs interdiction.

The principal entry routes used by smugglers attempting to illegally import drugs in recent years have been Dublin Port, Dublin Airport, Rosslare Harbour and also importations by the postal and express courier services. Revenue now has nine drug detector teams strategically deployed at our main ports and airports. In 2003, the Revenue Commissioners re-launched the customs drugs watch programme, which seeks to enlist the help of the public in the critical activity of reducing the supply of illicit drugs by notifying its officers on a confidential basis of suspicious activity at sea, land and air boundaries. Last year, Revenue deployed its first patrol vessel, the RCC Suirbhéir. Based in Cork but having a national remit, this vessel is actively engaged in drugs interdiction. There have been a number of significant seizures of drugs from pleasure craft and converted fishing vessels over the years and the patrol vessel Suirbhéir now enables Revenue to respond better to this ever present threat.

Later this year, Revenue will take delivery of a mobile container x-ray examination unit to assist in countering the smuggling of drugs and other illicit products through containerised freight traffic. The Revenue Commissioners will continue to broaden and deepen its drugs enforcement work on an ongoing operational basis with other partner law enforcement agencies such as the Garda Síochána, Naval Service, Europol and other Customs services to ensure greater effectiveness in disrupting the illicit drugs supply chain.

Departmental Properties.

Brian O'Shea

Question:

93 Mr. O’Shea asked the Minister for Finance his estimate of the number of properties from which State authorities, Government Ministers, the Commissioners of Public Works and the Land Commission derive or are entitled to derive ground rent income, in aggregate and by reference to each authority; the annual income accruing to State authorities from ground rents, in aggregate and by reference to each authority; the difference between the amount due and owing and the amount actually received; the proportion of the amount due that is effectively written off due to the time and expense involved in proceedings for its recovery; the overall value to the State of the exemption of State authorities from the provisions of the Landlord and Tenant Acts that enable tenants to enlarge their interest in their property by acquiring the fee simple; the circumstances in which the public interest has been invoked by State authorities to prevent a tenant from acquiring the fee simple, indicating the number of properties in which a State authority is ground landlord in which public interest considerations apply or would apply; the policy considerations to which his attention has been drawn for the exemption of State authorities from ground rents legislation; and if these considerations have been reviewed or are proposed to be reviewed; and if he will make a statement on the matter. [15749/05]

Since it would not be possible in the time available to assemble the information sought by the Deputy, I propose to ask each Minister to address the question and to reply directly to the Deputy.

Tax Collection.

Jack Wall

Question:

94 Mr. Wall asked the Minister for Finance if a person (details supplied) in County Kildare will be issued with a statement of their tax contributions for 2004; and if he will make a statement on the matter. [15767/05]

I have been advised by the Revenue Commissioners that a PAYE balancing statement for 2004, showing details of earnings and tax deductions, will issue to the taxpayer in the next few days.

Decentralisation Programme.

Brian O'Shea

Question:

95 Mr. O’Shea asked the Minister for Finance his proposals for the provision of new accommodation for the Land Registry and Registry of Deeds Offices; and if he will make a statement on the matter. [15785/05]

Land Registry and the Registry of Deeds are based in a number of different locations in Dublin. Staff numbering 230 are due to decentralise to County Roscommon. It is proposed to build new office accommodation for the remaining staff at Church Street, Dublin. A re-evaluation of their requirements, in the context of decentralisation, is currently under way.

Brian O'Shea

Question:

96 Mr. O’Shea asked the Minister for Finance the position regarding decentralisation to Dungarvan, County Waterford; and if he will make a statement on the matter. [15787/05]

As I have stated in my reply to Parliamentary Question No. 194 dated 10 May 2005, the Government's decentralisation programme, announced in budget 2004, will see the transfer of 210 posts to Dungarvan. Initial data from the central applications facility indicate that, while 15 staff of Ordnance Survey Ireland, OSI, have applied to decentralise to Dungarvan, there are a further 47 expressions of interest in decentralising to Dungarvan OSI by civil servants.

All organisations that are decentralising, including OSI, have prepared and submitted an implementation plan as requested by the decentralisation implementation group, DIG. This plan included detailed material on all issues to be addressed in terms of people, property and business planning and will be further developed as additional information emerges. In its next report, the DIG will deal with locations and organisations not covered in its November report, which did not include Dungarvan. Regarding property acquisition, I understand from the OPW that it has chosen a site for the decentralisation project in Dungarvan and details of the deal are being finalised with the land owner.

Fairtrade Products.

Dan Boyle

Question:

97 Mr. Boyle asked the Minister for Finance the extent to which his Department sources Fairtrade products for use in same. [15817/05]

My Department does not directly source Fairtrade products. Regarding the supply of services such as cafeteria services in my Department, it is a matter for the companies providing such services to make their own commercial decision in sourcing their supplies.

Appointments to State Boards.

Dan Boyle

Question:

98 Mr. Boyle asked the Minister for Finance the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15831/05]

Nominations for appointments to boards of statutory agencies under the remit of my Department can arise in different ways. Some members of boards are ex officio appointments, others are nominated by appropriate bodies or organisations and the remainder are appointed by me, as Minister for Finance, taking account of the qualities, expertise and experience required to make a contribution to the body in question. Currently, I do not have any nominations for vacancies of boards of statutory agencies under the remit of my Department.

Tax Code.

Pádraic McCormack

Question:

99 Mr. McCormack asked the Minister for Finance the situation regarding the eligibility for tax allowance claims for mature student fees for a course at a college (details supplied); and if students are eligible for tax allowance relevant to their fees at the college for this course. [15848/05]

I am informed by the Revenue Commissioners that the income tax legislation provides for tax relief in respect of qualifying fees paid by an individual to an approved college in respect of certain full-time or part-time undergraduate courses, postgraduate courses and information technology and foreign language courses. On a specific note, for the purposes of the relief, the establishment in question is an approved college, the course is regarded as a qualifying course and, therefore, the fees payable, subject to a maximum, qualify for tax relief. The fact that a student is a mature student does not alter his or her entitlements to tax relief. If the Deputy has a particular case in mind, he can forward details to my Department which will pass on such details to the Revenue Commissioners to have the relevant claim processed.

Flood Relief.

John Gormley

Question:

100 Mr. Gormley asked the Minister for Finance if his attention has been drawn to the latest report from Dublin City Council on flood prevention measures; his estimate of the total cost for flood prevention measures in the Dublin south-east area; the amount which the Government intends to make available for such projects; when this will be made available; and if he will make a statement on the matter. [15889/05]

The Report on the Dublin Coastal Flooding Protection Project has been received by the Office of Public Works in the last few weeks. It is a very detailed document and is currently being examined.

The project was commissioned by Dublin City Council and Fingal County Council in association with the OPW and the Department of Communications, Marine and Natural Resources, and set out to examine the causes and impacts of flooding from Portmarnock to Booterstown and to identify appropriate measures to deal with the flood risk in this area.

I understand the report recommends a number of actions which include early flood warning systems and the development of a number of flood defence schemes. The construction costs of the proposals are estimated between €64 million and €95 million.

When the Report has been fully examined which because of its size and complexity will take some time, the OPW will meet city council officials and the other relevant bodies to discuss the proposals with a view to developing a priority list of measures which could be undertaken in the coming years. Any funding which may be required from the OPW will be considered at that stage in the context of the OPW's annual budget for flood relief projects, the large number of flood alleviation projects and non-structural measures currently being advanced by the OPW and the urgency attaching to the various measures recommended in the report on the Dublin coastal flooding protection project.

Fairtrade Products.

Dan Boyle

Question:

101 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources the extent to which his Department sources Fairtrade products for use in same. [15818/05]

My Department, as a corporate entity, is not involved generally in purchases of products of the type promoted under the Fairtrade movement.

Appointments to State Boards.

Dan Boyle

Question:

102 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15832/05]

The information sought by the Deputy is set out in the following table.

Vacancies on Boards of State-sponsored Bodies

State Body

Vacancies outstanding as at 9 May 2005

An Post

1 vacancy

BIM

1 vacancy

Bord Gáis

1 vacancy

Bord na Móna

1 vacancy

Digital Hub

3 vacancies

ESB

2 vacancies

Electronic Communications Appeals Panel

1 vacancy

Central Fisheries Board

7 vacancies

Eastern Regional Fisheries Board

4 vacancies

Northern Regional Fisheries Board

2 vacancies

North-Western Regional Fisheries Board

1 vacancy

Southern Regional Fisheries Board

3 vacancies

South-Western Regional Fisheries Board

6 vacancies

Western Regional Fisheries Board

1 vacancy

National Salmon Commission

20 vacancies — entire Board expired

Dundalk Port

1 vacancy

Marine Institute

1 vacancy

Sustainable Energy Ireland

3 vacancies. The Sustainable Energy Act, 2002, provides that “on the third anniversary of the establishment day (1st May 2002) and thereafter, on each anniversary of the establishment day, 3 of the members of the Board, other than the chairperson and the CEO, shall retire from office”.

Benchmarking Awards.

Willie Penrose

Question:

103 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources the reason general operatives and foreman grades with the Central Fisheries Board have not been paid the second 50% payment of parallel benchmarking backdated to January 2004 plus 5% of Sustaining Progress; and if he will make a statement on the matter. [15884/05]

Payment of the second phase of benchmarking and general round increases is due to be paid to the general operatives and foreman grades of the central and regional fisheries boards following approval of their modernisation action plan, which has recently been submitted to this Department for consideration.

The Department is currently evaluating the plan against the terms of the Sustaining Progress agreement and upon resolution of outstanding queries it will be submitted to the performance verification group, which must approve the plan before payment of the increases can be made.

Human Rights Issues.

Pat Carey

Question:

104 Mr. Carey asked the Minister for Foreign Affairs if he will make a statement on the role of Ireland and the EU in combating the systematic displacement of indigenous peoples in Colombia; and if he will report on any actions taken to compel the Colombian authorities and other relevant actors to uphold the constitutional rights of these indigenous people. [15748/05]

The Government is aware of the particular human rights issues affecting the indigenous peoples in Colombia. The most recent statement of Irish and European Union policy in this regard is set out in the conclusions of the General Affairs and External Relations Council of 13 December 2004 which stressed the importance of protecting the rights of minorities and indigenous peoples, as reaffirmed in the Declaration of Guadalajara. In the Declaration of Guadalajara, which was adopted during the Irish Presidency of the EU in 2004, the countries of the EU and Latin America and the Caribbean reiterated their commitment to the promotion and protection of all human rights and expressed their full commitment to promote the active involvement of minorities and indigenous peoples in the public policies and programmes that concern them.

An official from my Department took part in the second meeting on international support for Colombia which took place in Cartagena de Indias on 3-4 February 2005. This meeting issued the Cartagena Declaration which, inter alia, encouraged the Colombian Government to continue with the improvement of the severe conditions experienced by vulnerable populations, especially the displaced, indigenous and afro-Colombian communities.

At the recent 61st session of the United Nations Commission on Human Rights in Geneva, Ireland supported two resolutions on human rights and indigenous issues. Ireland also worked actively for the inclusion of strong language on the situation of indigenous groups in Colombia in the chair's Statement on the Situation of Human Rights in Colombia adopted by the commission. The final statement deplored the continuing violence against indigenous groups and violations of their economic, social and cultural rights. Furthermore, the statement encouraged the Colombian Government to take special and urgent measures to avoid the forced displacement of indigenous communities. It also appealed to the illegal armed groups to respect the identity and integrity of the indigenous communities. In addition, in the statement of the European Union on the situation of human rights in Colombia delivered at the Commission on Human Rights on 22 April 2005, the EU called on the Colombian Government to take all necessary measures to ensure the protection of the human rights of vulnerable parts of the population such as the indigenous community.

International Agreements.

Joan Burton

Question:

105 Ms Burton asked the Minister for Foreign Affairs, further to the economic partnership agreements being negotiated between the EU and the 77 ACP countries, if an effective safeguard mechanism will be put in place for ACP countries to use if faced with a surge of subsidised EU imports; and if the Government will take a position supportive of the ACP countries. [15790/05]

Joan Burton

Question:

106 Ms Burton asked the Minister for Foreign Affairs, further to the economic partnership agreements being negotiated between the EU and the 77 ACP countries, his views on whether the EU should take a non-mercantilist approach and not pursue any offensive interests. [15791/05]

Joan Burton

Question:

107 Ms Burton asked the Minister for Foreign Affairs, further to the economic partnership agreements being negotiated between the EU and the 77 ACP countries, his views on whether the EU should be prepared to provide an alternative to EPAs to any ACP country on request and that such an alternative should provide market access no worse than that already enjoyed under the Cotonou preferences. [15792/05]

Joan Burton

Question:

108 Ms Burton asked the Minister for Foreign Affairs, further to the economic partnership agreements being negotiated between the EU and the 77 ACP countries, his views on whether the EU should offer all ACP countries a period of 20 years or more for market opening on an unconditional basis. [15793/05]

Joan Burton

Question:

109 Ms Burton asked the Minister for Foreign Affairs, further to the economic partnership agreements being negotiated between the EU and the 77 ACP countries, his views on whether the EU should not force trade liberalisation on developing countries either through trade negotiations or aid conditionality. [15794/05]

Joan Burton

Question:

110 Ms Burton asked the Minister for Foreign Affairs further to the economic partnership agreements being negotiated between the EU and the 77 ACP countries, his views on whether each ACP regional group should be allowed make its own decisions on the timing, pace and sequencing in line with individual countries’ national development plans and poverty reduction strategy. [15795/05]

I propose to take Questions Nos. 105 to 110, inclusive, together.

The EPAs, which are to enter into force by 1 January 2008, are a part of the legally-binding Cotonou Agreement between the African, Caribbean and Pacific, ACP, states and the European Union, EU.

EPAs are intended first and foremost as instruments for development to foster the smooth and gradual integration of ACP states into the world economy, with due regard for their own political choices and their own development priorities, thereby promoting their sustainable development and contributing to poverty eradication. They combine trade and wider development issues in a unified framework, while taking account of the specific economic, social and environmental circumstances of each regional group and its component states. For instance, recent discussions between the Commission and the Southern African Development Community, SADC, which has many of the features of a customs union, focused on how those least developed SADC member countries would be affected by further trade integration under the EPAs. This overall approach addresses the particular concern of Ireland and other member states that development and poverty reduction should be the principal objectives of the EPAs.

As far as the impact of liberalisation of trade is concerned, I would draw the Deputy's attention to Article 37(7) of the Cotonou Agreement, which states that the negotiations on the EPAs:

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

As trade is a European Community competence, it is the European Commission which conducts the negotiations on the EPAs between the EU and six regional groupings of ACP states on behalf of the member states. The Commission provides the Council with regular updates on the progress of the negotiations. We are satisfied that the Commission is discharging its mandate in accordance with the provisions of the Cotonou Agreement and in a manner which is sensitive to the particular concerns of the ACP states. I note in particular, in the context of the further progression of EPA negotiations, Commissioner Mandelson's statement that he is putting the EPA process under continuing review, through a mechanism to ensure that at every stage in the negotiations the development dimension is put first.

Ireland is carefully following developments in the EPA negotiations process and will continue to do so. In discussions within the Council and its bodies, we will be insisting that the Commission take forward its negotiating responsibilities in accordance with the provisions of the Cotonou Agreement and in a manner which is responsive to the particular concerns of the ACP states.

Fairtrade Products.

Dan Boyle

Question:

111 Mr. Boyle asked the Minister for Foreign Affairs the extent to which his Department sources Fairtrade products for use in same. [15819/05]

The Fairtrade mark is an independent assurance that producers in developing countries receive a fair price for their products. It provides a vital opportunity for producers in the poorest developing countries to access international markets on fair terms of trade and also for people in Ireland to make a practical contribution to improving the conditions of producers in developing countries.

I fully support the objectives of the Fairtrade campaign and am glad to confirm that Fairtrade products, such as tea and coffee, are in use in the Department of Foreign Affairs including at events organised by our protocol division in Iveagh House for visiting dignitaries etc.

The Deputy may also wish to note that since 1996, Development Co-operation Ireland has been making grant aid available to Fairtrade Mark Ireland, the national fair trade labelling organisation. In 2004, Fairtrade Mark Ireland received a grant of €40,994 through the development education grants scheme to support its main activities including: promotion of the concept of Fairtrade with businesses; development education; and raising public awareness, in particular through the Fairtrade Fortnight and the Fairtrade Towns initiative.

Development Co-operation Ireland is also assisting community-based Fairtrade agricultural projects in Central America. Over the three-year period 2003-05, funding of €567,000 has been provided to promote access to fair-traded marketing options for coffee cooperatives in Honduras, Guatemala and Nicaragua. Funding is channelled through the regional office of the Fairtrade Labelling Organisation based in El Salvador. Del Campo, a Fairtrade certified co-operative in Nicaragua, has received funding of €187,000 to support small grain producers over three years to process and market a variety of products including sesame seed.

Appointments to State Boards.

Dan Boyle

Question:

112 Mr. Boyle asked the Minister for Foreign Affairs the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15833/05]

There is only one statutory agency under the remit of my Department, namely the Ireland-United States Commission for Educational Exchange, known as The Fulbright Commission. There is one vacancy on the board of the commission at present and possible nominees for appointment are under consideration at this time.

National Aquatic Centre.

Joan Burton

Question:

113 Ms Burton asked the Minister for Arts, Sport and Tourism when the OPW will publish the report commissioned by it on storm damage to the National Aquatic Centre; if the findings of the report will be implemented; and the estimated cost. [15789/05]

Joan Burton

Question:

114 Ms Burton asked the Minister for Arts, Sport and Tourism when the report of the inquiry commissioned in respect of the National Aquatic Centre and the damage caused by storms to the roof of the complex and other areas of the facility will be published; the cost of the report; and if all of its findings and recommendations will be implemented. [15775/05]

I propose to take Questions Nos. 113 and 114 together.

An independent report on the damage to the National Aquatic Centre was commissioned by the Office of Public Works, at the request of my Department and in consultation with Campus and Stadium Ireland Development Limited, CSID. The report was prepared by Kavanagh Mansfield and Partners, Consulting Structural and Civil Engineers. There are legal, contractual and financial issues that must be considered in light of the report and, therefore, it must remain confidential at this time. I can assure the Deputy that the findings of the report have been fully taken into consideration by CSID and the contractors in the context of the repair works which is currently under way. This work is scheduled for completion by 20 May 2005. The Office of Public Works has made a payment of €17,588.50 in respect of the report.

Fairtrade Products.

Dan Boyle

Question:

115 Mr. Boyle asked the Minister for Arts, Sport and Tourism the extent to which his Department sources Fairtrade products for use in same. [15820/05]

I am aware of the Fairtrade campaign for securing fair deals for small producers of tea, coffee, fruit etc. in Third World countries through raising consumer awareness.

However, as my Department has no canteen facilities of its own, the scope to source such products does not arise.

Appointments to State Boards.

Dan Boyle

Question:

116 Mr. Boyle asked the Minister for Arts, Sport and Tourism the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15834/05]

The statutory agencies under the aegis of my Department are as follows: The Arts Council; The Irish Film Board; The Irish Sports Council; The National Museum of Ireland; The National Library of Ireland; Fáilte Ireland; The Irish Sports Council; Horse Racing Ireland; and Bord na gCon. There are currently no vacancies on the boards of these agencies.

Industrial Development.

Phil Hogan

Question:

117 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the ownership of the grants awarded to and the future plans for a factory (details supplied) in County Leitrim; and if he will make a statement on the matter. [15757/05]

I have been informed by Leitrim County Enterprise Board, CEB, that the company referred to received approval for ten employment grants from Leitrim CEB in 1999 to a total value of €57,138. In accordance with established procedures, half of the grants approved were paid at the time the additional jobs were created. As the company ceased trading before the company became entitled to the remainder of the grants, no further grants were due and no further payments were made.

Neither I nor Leitrim County Enterprise Board is aware of the future plans for this factory.

Fairtrade Products.

Dan Boyle

Question:

118 Mr. Boyle asked the Minister for Enterprise, Trade and Employment the extent to which his Department sources Fairtrade products for use in same. [15821/05]

I am aware of the formal trade campaign with a very specific focus on raising consumer awareness which operates under the certification of the Fairtrade mark and to have Fairtrade products widely available and used.

The use of any Fairtrade product by my Department would be subject to compliance with public procurement rules and it is a matter for the private enterprises supplying services such as cafeteria services in the Department to make their own commercial decisions in sourcing their supplies.

Appointments to State Boards.

Dan Boyle

Question:

119 Mr. Boyle asked the Minister for Enterprise, Trade and Employment the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15835/05]

Of the statutory agencies under the aegis of my Department, there are vacancies on the boards of the National Standards Authority of Ireland and Shannon Development. The National Standards Authority of Ireland's board currently has one vacancy but, to date, no nomination has been made in respect of this position. There is currently one vacancy on the board in Shannon Development.

The board of the Health and Safety Authority currently numbers 11, including the chairman. Under the provisions of the Safety, Health and Welfare at Work Bill 2004, which is currently in the Seanad, the board will increase to 12. The Minister of State with responsibility for labour affairs has announced that Ms Anne Marie Hayes will fill the 12th position when the Bill is enacted.

Job Initiative.

Dan Boyle

Question:

120 Mr. Boyle asked the Minister for Enterprise, Trade and Employment the consideration which has been given to job initiative participants in receipt of the one parent family payment. [15844/05]

The job initiative, JI, programme is intended as an active labour market programme for persons 35 years of age or older who have been unemployed for five years or longer. Eligible persons are employed by managing agents, with the support of a grant from FÁS for this purpose. The JI programme currently provides for a minimum payment to participants of €346.40, regardless of their family circumstances. Persons in receipt of the one parent family payment for a minimum of five years are eligible to participate in the programme. This is a means tested payment and the rate payable and eligibility for this payment are matters for the Department of Social and Family Affairs.

Following the recent review of FÁS employment schemes, which comprise community employment, social economy and JI, I announced that with effect from 10 November 2004, that there would be no compulsory lay-offs on JI and participants on JI would have their contracts renewed for a further term. People who leave JI voluntarily may be replaced by community employment participants. These arrangements are intended to ensure the maintenance of the provision of a network of valuable community services throughout the country.

Proposed Legislation.

Jim O'Keeffe

Question:

121 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment the persons or body which drafted or contributed to the drafting of the heads of the Investment Funds, Companies and Miscellaneous Provisions Bill 2005; and if he will make a statement on the matter. [15876/05]

Jim O'Keeffe

Question:

122 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment the persons or body which drafted or contributed to the drafting of the Investment Funds, Companies and Miscellaneous Provisions Bill 2005; and if he will make a statement on the matter. [15877/05]

Jim O'Keeffe

Question:

123 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment the amounts paid to the persons or body which drafted or contributed to the drafting of the heads of the Investment Funds, Companies and Miscellaneous Provisions Bill 2005; and if he will make a statement on the matter. [15878/05]

I propose to take Questions Nos. 121 to 123, inclusive, together.

The heads of the Investment Funds, Companies and Miscellaneous Provisions Bill 2005 were drafted by officials of my Department. A diverse group of persons and bodies contributed to the drafting of the heads of the Bill. These include the Irish Financial Services Regulatory Authority, IFSRA, the Dublin Funds Industry Association, DFIA, the Office of the Director of Consumer Affairs, ODCA, the Competition Authority, the Office of the Director of Corporate Enforcement, ODCE, the Irish Stock Exchange, the Companies Registration Office, CRO, and some other members of the company law review group, CLRG, which in turn, in certain instances, consulted other interests. Following approval of the draft scheme by Government, the Bill was drafted by officials of the Office of the Parliamentary Counsel in consultation with officials of the Office of the Attorney General and officials of my Department.

No moneys have been paid to any person or body in connection with the drafting of the Bill.

Job Initiative.

Kathleen Lynch

Question:

124 Ms Lynch asked the Minister for Social and Family Affairs the number of persons on job initiative schemes who have lost their entitlement to the one parent family payment due to recent wage rises in these schemes which have put the recipients above the income threshold for this payment; his proposals to increase the income threshold for this payment to take account of this; and if he will make a statement on the matter. [15734/05]

Dan Boyle

Question:

127 Mr. Boyle asked the Minister for Social and Family Affairs the consideration which has been given to job initiative participants in receipt of the one parent family payment, who have seen a net fall in income after a recent increase in job initiative rates. [15845/05]

I propose to take Questions Nos. 124 and 127 together.

The job initiative programme is one of a number of FÁS schemes in which lone parents may participate. Under the programme, full time employment is provided in the social economy for individuals who are over 35 years and fulfil certain criteria. Lone parents can qualify for the programme if they have been on one parent family payment, unemployment assistance, unemployment benefit or any combination of these schemes for a minimum of five years.

Figures received from FÁS confirm that there are 450 lone parents who are on the job initiative programme. With effect from 1 January 2005, these and other job initiative employees earn a minimum of €346.40 for their 39 hour week, substantially more than the national minimum wage. This is an increase from the minimum €318.40 payment that applied for the calendar year 2004, which in itself was higher than the €293 upper income threshold for receipt of the one parent family payment.

I can confirm, therefore, that due to the job initiative earnings being substantially over the income threshold for receipt of the one parent family payment, the recent increase in earnings for job initiative employees, effective from 1 January this year, cannot have led to the loss of the one parent family payment for any participant.

I would also like to point out that job initiative employees with families may be entitled to family income supplement, a weekly payment for families, including one parent families, at work on low pay. All employees working a minimum of 19 hours per week and with at least one qualifying child are entitled to apply, provided the family income is below the qualifying income limit. For the current year, qualifying income limits for families start at €446 per week for a family with one child and increase to €623 per week for families with eight or more children.

Fairtrade Products.

Dan Boyle

Question:

125 Mr. Boyle asked the Minister for Social and Family Affairs the extent to which his Department sources Fairtrade products for use in same. [15822/05]

My Department provides facilities for a canteen service for staff in a number of locations but it is not directly involved in the provision of meals or in the running of these facilities. Arrangements for the provision of services in these facilities are put in place by voluntary committees of staff in the locations in question.

I am ensuring that the issue of using Fairtrade products is being brought to the attention of the various committees.

Appointments to State Boards.

Dan Boyle

Question:

126 Mr. Boyle asked the Minister for Social and Family Affairs the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15836/05]

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.

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. There are currently no vacancies on the Pensions Board.

The Combat Poverty Agency, CPA, was established in September 1986 under the Combat Poverty Agency Act 1986 and comprises 16 members, including the chairperson. The main functions of the agency are to advise the Minister for Social and Family Affairs on all aspects of economic and social planning in respect of 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 it. There are currently no vacancies on the board of the Combat Poverty Agency.

Comhairle was established on 12 June 2000 under the provisions of the Comhairle Act 2000. It has a board of 20 members, including a chairperson. Comhairle is responsible for supporting the provision of independent information, advice and advocacy services for citizens throughout the country, including people with disabilities. There are currently three vacancies on the board of Comhairle and there are no nominating bodies in respect of those vacancies.

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. There are five vacancies due to rotation, which are due to be filled later this month.

The Social Welfare Tribunal is a statutory body which was 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 representative 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. There are currently no vacancies on the Social Welfare Tribunal.

Question No. 127 answered with QuestionNo. 124.

Social Welfare Benefits.

Bernard J. Durkan

Question:

128 Mr. Durkan asked the Minister for Social and Family Affairs if the rent allowance will be awarded in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15859/05]

The Dublin and mid-Leinster area of the Health Service Executive has advised that the family in question had been in receipt of a rent supplement, initially paid to the person concerned and subsequently to her spouse, in respect of their family accommodation.

The executive became aware that there had been a change in the employment status of the spouse of the person concerned. It sought details from him about this to determine his continued entitlement to rent supplement. As he failed to provide the information requested, the executive has advised that it ceased payment of his supplement in February 2005.

Bernard J. Durkan

Question:

129 Mr. Durkan asked the Minister for Social and Family Affairs if he has re-examined or will re-examine the application for rent allowance in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [15862/05]

The supplementary welfare allowance scheme is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has a function in determining or reviewing entitlement in individual cases.

As stated in my reply to Question No. 155 of 21 April 2005, the Dublin and mid-Leinster area of the executive has advised that the person concerned made no mention of a health condition when applying for assistance under the supplementary welfare allowance scheme. She is currently in receipt of a reduced rate of allowance for herself and her child.

The executive has further advised that the person concerned has not applied for rent supplement and that she has indicated she is aware that she is unlikely to qualify for support under that scheme. It remains open to her to have her accommodation needs met through the direct provision facilities operated by the Reception and Integration Agency, pending determination of her asylum status in due course.

Social Welfare Code.

Michael Ring

Question:

130 Mr. Ring asked the Minister for Social and Family Affairs if the new respite grant for carers will be extended to include persons who work more than ten hours outside the home. [15888/05]

The conditions for receipt of the extended respite care grant are set out in the Social Welfare and Pensions Act 2005. The following conditions will apply: the carer must be providing full-time care to a person who is in need of such care; as is the case with recipients of carers allowance, a full-time carer must not be engaged in employment for more than ten hours per week; and those who are on unemployment payments will be excluded since they are required to be available for and actively seeking full-time work.

I am committed to continuing to expand and increase the benefits and supports available to carers. By increasing the respite care grant to €1,000 and significantly expanding it to include thousands more recipients, we are going some of the way towards giving carers a badly needed break and also recognition for their commitment and compassion.

I am keeping all support schemes for carers under review and further possible improvements will be considered in a budgetary context.

Question No. 131 answered with QuestionNo. 26.
Question No. 132 answered with QuestionNo. 34.
Question No. 133 answered with QuestionNo. 16.

Emergency Plan.

John Gormley

Question:

134 Mr. Gormley asked the Minister for Transport if any of the future scenarios for exercises under the national emergency plan will involve an incident at Shannon Airport; and if he will make a statement on the matter [12394/05]

Exercises to test the robustness of the emergency planning arrangements for aviation are a key component of the emergency planning framework. The authorities at Shannon Airport are required, under the Irish Aviation Authority's aerodrome licensing procedures, to establish an emergency plan that provides for the co-ordination of the actions to be taken in an emergency occurring at the aerodrome or in its vicinity. The plan must be tested by conducting a full-scale emergency exercise every two years. I understand that the airport authority conducted an exercise in November 2003 and that plans are being made for a further exercise later this year.

National Car Test.

Richard Bruton

Question:

135 Mr. Bruton asked the Minister for Transport if his attention has been drawn to the fact that the NCT centres were closed from lunchtime on 29 April until 3 May 2005, although they are usually open all day Friday, Saturday and Monday; if any person who had 30 days for a reinspection will not be forced to have a total retest due to this unannounced closure; and if arrangements will be made for a reinspection in the case of a person (details supplied) in Dublin 3. [15754/05]

The opening hours of NCT centres is a matter for the management of National Car Testing Service Limited having regard to the broad range of customer service parameters for the service set down in the car testing contract. Each test centre should open for a minimum of 20 hours each week between 9 a.m. and 5 p.m. from Monday to Friday, excluding public holidays, and, subject to local demand, have one early opening per week from 8 a.m. and one late evening closing to 8 p.m. and be open for at least four hours at weekends. A test centre's opening hours are published in notices on display in the test centre concerned.

My Department has been advised by the company that at the recent public holiday weekend, all NCT test centres closed at their normal closing time on Friday, 29 April 2005, which in the case of the Northpoint test centre was 12 noon, and were closed on Saturday, 30 April, Sunday, 1 May, and Monday, 2 May. Where a test centre is normally open over a weekend, the notice of opening hours on display in the test centre indicates that such a service is not available on a public holiday weekend.

A retest must be completed within 30 days of the initial test. It is the responsibility of the car owner to return to the test centre for the retest within 30 days of the initial test having regard to the opening times of the test centre concerned. I understand, however, that the company takes a lenient view of circumstances where the 30th day falls on the weekend of a public holiday and, insofar as is practicable to do so, the retest will be carried out on the next open day.

I am pleased to advise that the company will be contacting the person concerned shortly with a view to arranging the required retest in this case.

Grant Payments.

Billy Timmins

Question:

136 Mr. Timmins asked the Minister for Transport the grant aid assistance which is available to a person seeking to expand a family haulage business; and if he will make a statement on the matter. [15755/05]

I refer the Deputy to Question No. 278 answered on 10 May 2005. The Department does not provide grant assistance for persons involved in the operation of a road haulage business.

Fairtrade Products.

Dan Boyle

Question:

137 Mr. Boyle asked the Minister for Transport the extent to which his Department sources Fairtrade products for use in same. [15823/05]

Private companies provide catering in my Department and source all food supplies used. The possibility of having Fairtrade-approved products used by the catering service providers in my Department will be explored.

Appointments to State Boards.

Dan Boyle

Question:

138 Mr. Boyle asked the Minister for Transport the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15837/05]

The details of vacancies on State boards on bodies under the aegis of the Department of Transport are set out in the following table. These vacancies will be filled in due course.

State Body

Vacancies

Aer Lingus

3

Cork Airport Authority

1

Shannon Airport Authority

1

Córas Iompair Éireann

1

Dublin Transportation Office

4

National Roads Authority

2

Railway Procurement Agency

1

Questions Nos. 139 to 142, inclusive, answered with Question No. 12.

Public Transport.

Bernard J. Durkan

Question:

143 Mr. Durkan asked the Minister for Transport if he has received requests for the provision of feeder bus services to facilitate commuters using railway stations in County Kildare; and if he will make a statement on the matter. [15868/05]

There are some licence applications under consideration in my Department for bus services in the County Kildare area which include stops at train stations. The provision of public bus services on specific routes is a commercial and operational matter for bus operators.

It is open to any private bus operator who may be interested to apply to my Department for an annual passenger licence under the Road Transport Act 1932 to operate a regular bus service on such as those routes mentioned in the Deputy's question and my Department would look favourably on any such application.

It is also open to Bus Éireann to initiate new services subject to compliance with the necessary regulatory requirement of giving advance notice to my Department and to compliance with the provisions of section 25 of the Transport Act 1958 concerning competition with licensed private operators.

Rail Network.

Bernard J. Durkan

Question:

144 Mr. Durkan asked the Minister for Transport his plans to improve the quality and frequency of rail services with a view to alleviating traffic congestion on the roads; and if he will make a statement on the matter. [15870/05]

Bernard J. Durkan

Question:

145 Mr. Durkan asked the Minister for Transport his plans to increase the capacity of the railway stations at Kilcock, Maynooth, Leixlip, Celbridge, Sallins and Hazelhatch, County Kildare; and if he will make a statement on the matter. [15871/05]

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

The scheduling and timetabling of trains is a day-to-day operational matter for Iarnród Éireann to consider. On the basis of projected demand into the future, Iarnród Éireann has submitted a greater Dublin integrated rail network plan which proposes the enhancement of all suburban and outer suburban services into Dublin. The proposals are being examined by my Department at present in the context of the multi-annual investment framework for transport.

Iarnród Éireann plans to place most of the 36 diesel railcars on the Sligo-Dublin line to increase capacity and to remove older rolling stock from service. This will be of direct benefit to Maynooth passengers. The balance of the new fleet will be assigned to the Maynooth and Kildare outer suburban services to increase capacity on those lines.

These allocations will improve the capacity on individual trains by up to 33%. This capacity increase comes on top of a capacity increase of 24% on the Maynooth line and an increase of up to 160% on the Kildare line delivered in the past 18 months.

Question No. 146 answered with QuestionNo. 58.

Road Network.

Bernard J. Durkan

Question:

147 Mr. Durkan asked the Minister for Transport if consideration has been given to lowering the floor level of the Dublin Port tunnel in order to accommodate all modern makes of truck, including supertrucks; if his attention has been drawn to the fact that such a proposal meets safety guidelines; and if he will make a statement on the matter. [15875/05]

Atkins Consultants was commissioned to review the feasibility, safety implications and cost of raising the height of the Dublin Port tunnel. The options, including the lowering of the floor of the tunnel, for increasing the height of the tunnel were also considered by the NRA and by Dublin City Council. In addition, the contractor, NMI Consortium, priced the work that would be involved in increasing the height of the tunnel.

It was clear from this work that raising the height of the tunnel would not be justified having regard to safety considerations and additional cost and delay factors and I announced my decision not to increase the height of the tunnel in October 2004. The Atkins report is available on my Department's web site at www.transport.ie.

National Car Test.

Willie Penrose

Question:

148 Mr. Penrose asked the Minister for Transport if he will examine the case of a person (details supplied); and if he will make a statement on the matter. [15885/05]

In accordance with EU Directive 96/96/EC, passenger cars are required to undergo a roadworthiness test when they are four years old and every two years thereafter with the test due dates determined by reference to the date of first registration of the vehicle. In the case of taxis the national car test schedule is determined by reference to the taxi licence application and renewal dates. As the duration of a taxi licence is one year, taxis are required to undergo the national car test annually.

Where a vehicle licensed as a taxi reverts to private use the national car test certificate issued for the vehicle continues to be valid until the expiry date specified on it at which stage a national car test is required. The expiry date of the national car test certificate issued on foot of that national car test would be the next test due in accordance with the normal criteria applicable for a passenger car.

The national car test schedule for vehicles tested as taxis which revert to private use during the period covered by the taxi national car test has been raised in the course of the mid-term review of the car testing service which is currently under way. I will be prepared to examine this matter in the light of the report which I will receive from PricewaterhouseCoopers which is carrying out the review on behalf of my Department.

Rural Development.

Gerard Murphy

Question:

149 Mr. G. Murphy asked the Minister for Community, Rural and Gaeltacht Affairs the way in which he envisages that Leader type programmes will be funded following the end of the Leader programme at the end of 2006; and if he will set up new structures or incorporate some of the leader functions into the local Government structure. [15815/05]

The final date for project commitments under the existing Leader programmes is the end of December 2006. The draft EU regulation on rural development, to cover the period 2007-13, is published and is under negotiation. This draft regulation, and the associated guidelines to be published by the European Commission, will outline the scope and options for rural development programmes, including Leader type programmes, for the post-2006 period.

The draft EU regulation provides that elements of the rural development programmes will be delivered by local action groups who must: propose an integrated local development strategy; have already been involved in the delivery of a Leader initiative or be a new group representing partners from the various locally based socio-economic sectors in the territory concerned; and have the ability to define and implement a development strategy for the area. When this process at EU level is complete, my Department will look at the opportunities and delivery mechanisms to be used in maximising the available funding for the benefit of rural communities.

Fairtrade Products.

Dan Boyle

Question:

150 Mr. Boyle asked the Minister for Community, Rural and Gaeltacht Affairs the extent to which his Department sources Fairtrade products for use in same. [15824/05]

My Department has no records of the use of Fairtrade products.

Appointments to State Boards.

Dan Boyle

Question:

151 Mr. Boyle asked the Minister for Community, Rural and Gaeltacht Affairs the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15838/05]

There are two vacancies to be filled on boards of statutory agencies within the ambit of my Department as follows: Údarás na Gaeltachta, one; and Ulster Scots Agency, one. These vacancies will be filled in due course in accordance with the terms of the respective Acts.

Poultry Industry.

Seymour Crawford

Question:

152 Mr. Crawford asked the Minister for Agriculture and Food the tonnage of imported chicken meat in each of the past five years and to date in 2005, on a country basis; if she is satisfied that all of these products are produced and slaughtered to the same high standard as here; if the slaughtering in Brazil, for instance, is overseen by either Irish or EU personnel; and if she will make a statement on the matter. [15747/05]

The Central Statistics Office is responsible for the collection of statistics in relation to imports of meat and meat products. The following tables, which were compiled from data supplied by that office, set out the details requested by the Deputy. In relation to the tables the following should be noted: in certain cases the record of import may include the re-import of Irish products that were originally the subject of an export from this country; the information available for imports from EU member states does not differentiate between products originating in the EU country and those originating in third countries that may already be in free circulation within the Community; and detailed EU legislation lays down the conditions that member states must apply to the production of and trade in products of animal origin, including meat, as well as to imports of these products from third countries. Under harmonised legislation a series of health and supervisory requirements are applied in the member states to ensure that animal products are produced to standards that guarantee the safety of food and the protection of human and animal health. The application of these standards in the member states is monitored by the Food and Veterinary Office, FVO, of the EU.

It is a requirement that animal products imported from third countries meet standards at least equivalent to those required for production in, and trade between, member states. All such imports must come from third countries or areas of third countries approved for export to the EU. Brazil is an approved country.

In order to be an approved third country it must: appear on a list drawn up and updated on the basis of EU audits and guarantees given by the competent authority of the exporting country; have veterinary controls equivalent to those applicable in the EU, particularly in terms of legislation, hygiene conditions, animal health status, veterinary medicines controls, zoonoses controls and other food law; and have in place a residues programme approved by the European Commission.

The animal products must be sourced from establishments that are approved and must bear an EU approved health mark. Exporting establishments must have: standards equivalent to the requirements for EU export establishments; effective control systems and supervision by the competent authorities; and traceability or labelling in accordance with the systems approved by the FVO and accepted and notified to the EU member states.

The FVO carries out inspections to ensure that only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. Where the FVO considers that public health requirements are not being met, an establishment may be removed from the EU approved list. If outbreaks of animal diseases occur in a third country approval to export to the EU is suspended for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Importers of animal products must be registered with my Department. They are required to give advance notice of importation and, following import, are required to keep records of importation available for inspection by the Department for a period of three years.

Imported animal products must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production and, in the case of meat and meat extracts imported from third countries, a health certificate conforming to the models set down in EU legislation.

While there is free movement for trade within the EU all consignments from third countries must first be landed at a border inspection post, BIP, that has been approved by the FVO and must undergo documentary, identity and physical checks. These latter are carried out at frequencies laid down in EU law. In Ireland BIPs approved for the processing imports of animal products are located at Dublin Port and Shannon Airport. The FVO carries out monitoring and inspection of each member state's BIPs to ensure the conditions for import of animal products into Europe, provided under the harmonised legislation, are being correctly applied.

Once it has been established that imported animal product has met all the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

Where there are concerns with regard to the effectiveness of controls being operated in an approved third country the Commission, in consultation with the Standing Committee on Animal Health and the Food Chain, may introduce specific controls by means of a safeguard measure to ensure the protection of human and animal health. Safeguard measures limiting or banning the export of animal products from EU countries or regions of countries may also be implemented where, for example, the conditions of an animal disease outbreak could seriously effect production and trade in animal products in the EU.

Imports of Poultry — Non-EU Countries

Tonnes

Country of Origin

2000

2001

2002

2003

2004

Bangladesh

1,401

Bosnia & Herzegovina

318

Brazil

301

934

1,165

1,694

1,732

Ivory Coast

14

6

11

Chile

1

20

48

25

51

Czech Republic*

0

2

Gambia

9

1

Gabon

42

0

Georgia

1

3

Hungary*

21

40

99

1

Israel

74

117

110

Japan

45

Melilla

1

Niger

37

23

Nicaragua

8

208

284

215

Pakistan

11

Philippines

1

0

Poland*

40

71

Romania

1

Slovenia*

3

9

Switzerland

24

Thailand

314

692

1,225

1,191

2,419

Togo

4

Totals

770

3,567

2,953

3,323

4,564

Note: “0” indicates imports of less than one tonne.

*Member States from 1 May 2004

Imports of Poultry — EU Member States

Tonnes

Country of Origin

2000

2001

2002

2003

2004

Belgium

3,385

2,232

3,414

3,326

3,441

Germany

358

924

2,566

2,134

1,947

Denmark

1,337

1,528

269

137

220

Spain

352

20

89

2,836

136

France

1,443

1,619

1,995

1,701

2,227

GB

20,073

19,443

19,637

20,631

21,645

Greece

10

Ireland

93

455

716

1,478

992

Italy

1,314

1,384

1,691

1,756

1.532

Netherlands

7,433

9,076

10,602

13,746

10,500

Portugal

20

Sweden

47

Northern Ireland

8,553

7,735

5,191

6,621

6,442

Totals

44,418

44,416

46,170

52,790

49,412

Total EU & Non-EU

45,188

47,983

49,123

56,113

53,976

Source: CSO.

Mushroom Industry.

Pat Breen

Question:

153 Mr. P. Breen asked the Minister for Agriculture and Food the number of registered mushroom growers in Ireland in 2002, 2003 and 2004;and the number of growers who have gone out of business in the first three months of 2005. [15753/05]

The numbers of mushroom growers in the past three years were: 2002, 365 growers; 2003, 289 growers; and 2004, 228 growers.

There is no registration requirement for mushroom growers. A Teagasc survey carried out in February indicated that there were 201 active growers in the country. The fall in grower numbers indicates that the mushroom industry continues to consolidate around operations with increasing scale and efficiency.

Grant Payments.

Pat Breen

Question:

154 Mr. P. Breen asked the Minister for Agriculture and Food if she will reconsider her decision in relation to an application for force majeure for a person (details supplied) in County Clare; and if she will make a statement on the matter. [15774/05]

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 7 October 2004. The findings of the appeals committee were that the original decision taken by my Department should be upheld.

The person named also submitted an application for consideration in respect of the new entrant and inheritance measures of the single payment scheme. Following processing of the applications I am pleased to advise that both the new entrant and inheritance applications were successful. However, the new entrant measure was found to be the more financially beneficial. An official from my Department has contacted the person named and advised her of the revised number and value of her entitlements, and informed her of the closing date of 16 May 2005 for receipt of single payment applications.

Animal Welfare.

Tony Gregory

Question:

155 Mr. Gregory asked the Minister for Agriculture and Food her views on whether the pre-slaughter and slaughter procedures shown on Compassion in World Farming’s recently-released film of an investigation into Lebanese slaughterhouses are acceptable in terms of animal welfare standards; if the pre-slaughter practice of suspending a conscious animal upside-down from one hind leg attached to a high rail is permissible under Irish law; and if she will make a statement on the matter. [15776/05]

Under the European Communities (Protection of Animals at Time of Slaughter) Regulations 1995, animals must be restrained in an appropriate manner in such a way as to spare them any avoidable pain, suffering, agitation, injury or contusions. In the case of ritual slaughter, restraint of bovine animals before slaughter using a mechanical method intended to avoid any pain, suffering or agitation and any injuries or contusions to the animals is obligatory. Bovine animals must not be suspended before killing. These regulations are applicable only within the territory of the European Union.

Live Exports.

Tony Gregory

Question:

156 Mr. Gregory asked the Minister for Agriculture and Food the steps she is taking to work with Lebanese authorities to improve animal welfare standards for Irish cattle after they have been off-loaded from ships arriving in the Lebanon, particularly during onward transportation and at slaughter. [15777/05]

My Department has a comprehensive legislative framework in place to safeguard the welfare of animals during transport. For export refund purposes, under EU legislation cattle are subject to a veterinary inspection on arrival at third country destinations. On a number of occasions my Department has sent Department veterinary inspectors to the Lebanon to witness the unloading of Irish cattle and to verify that the animals are unloaded and treated in a humane manner. When animals have landed in a third country, transportation becomes a matter for the authorities there to deal with in accordance with the laws of that country.

Tony Gregory

Question:

157 Mr. Gregory asked the Minister for Agriculture and Food the steps she is taking to encourage the Lebanon to import Irish beef only in the form of meat, not live animals; her views on whether slaughter near to the farm of rearing is preferable both in terms of animal welfare protection and meat exports adding value to the product and creating employment here. [15778/05]

Less than 8% of all Irish beef exports in 2004 were in the form of live cattle. Exports to the Lebanon that year constituted less than 10% of all live exports and the Lebanese trade was only 20% of what it was five years ago. Live exports, while small in volume terms, are a vital component of Ireland's livestock industry, and are essential for price competition and maintaining farm incomes.

In recent years, the focus of the Irish beef industry has been to add value and to broaden and expand its market reach at EU retail level, shifting its orientation away from international commodity markets and into the higher priced internal EU marketplace. I am aware of the social, moral and economic imperative to ensure that the transport of animals over long distances is conducted in a manner which safeguards the welfare of animals being transported and minimises the risk of transmitting infectious diseases. The vast majority of live exports take place to other EU member states.

The preservation of the animal health status of the country, the international reputation of veterinary certification services and the existence and application of a regulatory framework ensures that high standards and welfare considerations are central to the live export trade.

Grant Payments.

Gerard Murphy

Question:

158 Mr. G. Murphy asked the Minister for Agriculture and Food if she will investigate the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [15779/05]

The person involved submitted an application for consideration in respect of the new entrant measure of the single payment scheme. Following an examination of the papers submitted, he was notified that his application was successful and that the years 2000 and 2001 would be excluded from his single payment calculation. A statement of provisional entitlements outlining the amended position issued to him on 16 December 2004.

The person involved submitted an application to have his entitlements reviewed. Following examination of the papers submitted it has been established that payments under the extensification and slaughter premium schemes had not been credited to him. This error has been corrected and he has now been credited with these payments. Notification has issued to the herd-owner concerned.

A new provisional statement of entitlements has been requested and will issue in the coming week.

Fairtrade Products.

Dan Boyle

Question:

159 Mr. Boyle asked the Minister for Agriculture and Food the extent to which her Department sources Fairtrade products for use in same. [15825/05]

The decision to use any Fairtrade product by my Department would of course be subject to compliance with public procurement rules and it is a matter for the enterprises supplying services to the Department to make their own commercial decisions in sourcing their supplies.

I am pleased that the restaurant in Agriculture House, which is a private concern, took a decision some two years ago to stock Fairtrade coffee, one of the products highlighted by Oxfam in a recent campaign to promote Fairtrade products.

Appointments to State Boards.

Dan Boyle

Question:

160 Mr. Boyle asked the Minister for Agriculture and Food the current nominations for vacancies on boards of statutory agencies under the remit of her Department. [15839/05]

There are at present no vacancies on boards of statutory agencies which come under the remit of my Department.

Decentralisation Programme.

Brian O'Shea

Question:

161 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the position regarding the decentralisation of the Land Registry Office; and if he will make a statement on the matter. [15788/05]

Brian O'Shea

Question:

175 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the proposals he has regarding the decentralisation of the Land Registry Office; and if he will make a statement on the matter. [15806/05]

I propose to take Questions Nos. 161 and 175 together.

Under the Government's decentralisation programme, 230 posts in the Land Registry are scheduled to be relocated to Roscommon town. The Land Registry's implementation plan in respect of this move is available on my Department's website.

The November 2004 report from the decentralisation implementation group did not identify the Land Registry as one of the Departments or offices which should be the first to move outside Dublin. The implementation group will be reporting again shortly in relation to the implementation of the programme as a whole and the implementation plans for all the organisations that are decentralising will be kept under review.

The selection process with regard to property solutions to fulfil the accommodation brief for the staff decentralising to Roscommon is progressing and the Office of Public Works is at an advanced stage of negotiations in acquiring a suitable site. The Deputy will also be aware that a significant element of the Land Registry was decentralised to Waterford some years ago.

Refugee Status.

Pat Carey

Question:

162 Mr. Carey asked the Minister for Justice, Equality and Law Reform if he will make a statement on Ireland’s policy in dealing with women who arrive here and who have fled their homes due to gender-based violence; and if specific measures are in place to ensure that the victims of such crimes are not forcibly returned to situations of risk. [15740/05]

The 1951 Geneva Convention Relating to the Status of Refugees and section 2 of the Refugee Act 1996, as amended, defines a refugee, inter alia, as: “a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.”

In relation to the issue of gender specific persecution, I would point out that section 1 of the Refugee Act, as amended, defines "membership of a particular social group" as including "membership of a trade union and also includes membership of a group of persons whose defining characteristic is their belonging to the female or the male sex or having a particular sexual orientation."

Consideration of individual applications for refugee status based on gender grounds or otherwise is a matter for two independent statutory offices, namely, the Office of the Refugee Applications Commissioner which considers asylum applications at first instance and the Refugee Appeals Tribunal which considers applications at appeals stage.

It should be further noted that where, after a detailed investigation as described above, an asylum applicant is found not to be in need of refugee status and the Minister proposes to deport the person under the Immigration Act 1999, as amended, the safety of returning that person must also be considered in deciding whether to make a deportation order. The legislation requires that safety of return is considered at the level of the individual in every case and before a deportation order is made. My Department uses extensive country of origin information drawn from different independent sources, including UNHCR, in evaluating the safety of making returns to third countries. I am satisfied that the procedures operated ensure as far as possible that persons are not returned in dangerous circumstances.

Human Trafficking.

Pat Carey

Question:

163 Mr. Carey asked the Minister for Justice, Equality and Law Reform if he will make a statement on the role of the European Union in combating the trafficking of women and girls around the world, in particular on the EU’s policies to track down and prosecute the perpetrators and beneficiaries of such transnational crimes. [15741/05]

Pat Carey

Question:

164 Mr. Carey asked the Minister for Justice, Equality and Law Reform the Government’s policies to combat the trafficking of women and girls around the world; if policies are in place to raise awareness and understanding of such trafficking to provide proper training to relevant authorities in addressing the needs of victims of trafficking and to provide the appropriate supports to the victims of such crimes who are currently living here; and if he will make a statement on the matter. [15742/05]

I propose to take Questions Nos. 163 and 164 together.

The European Union has a role in ensuring a more effective, joint approach to cross-border problems such as trafficking in and smuggling of human beings. I can inform the Deputy that Ireland's policies in this field complement developments at both the EU and the broader international level.

Legislation is currently being prepared in my Department which will criminalise trafficking in human beings for the purpose of their sexual and labour exploitation as provided for in the EU Council Framework Decision on combating trafficking in persons and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organised Crime. This legislation will also take account of the recently negotiated Council of Europe convention on action against trafficking in human beings.

I can further inform the Deputy that a range of practical measures and policies are in place to combat this type of crime. The Garda national immigration bureau, which was established in 2000, has an investigation unit which investigates the trafficking of human beings. I am informed by the Garda authorities that members attached to this unit have attended relevant courses to assist them in their investigations into the trafficking of human beings. These courses have been organised by Europol and European Police College, CEPOL, on an EU wide basis.

Members of the Garda Síochána also attend regular conferences in Europe, which facilitate an exchange of information between the EU member states, Europol and Interpol, as well as inter-governmental consultations on asylum, refugee and migration policies in Europe, North America and Australia.

Victims of trafficking are always treated sympathetically by members of the Garda Síochána and the current immigration system in Ireland also allows the authorities to deal with the victims of trafficking in a sympathetic and pragmatic way. It is recognised that it is in the interests of both the victims of trafficking and the authorities to co-operate with a view to ensuring the protection of the victims and the prosecution of the perpetrators. Although Ireland has not opted to participate in the Council directive dealing with the issuing of residence permits to victims of trafficking in human beings, in practice a similar regime can be implemented under existing Irish legislation.

During the course of Garda investigations the gardaí liaise as necessary with Ruhama, a non-governmental organisation which assists women who are the victims of this type of offence. Furthermore, my Department has provided funding to this organisation, towards the employment of a coordinator on trafficking in persons for the purpose of sexual exploitation. Ruhama is in fact represented on the national steering committee on violence against women and I expect that the strategic plan currently being drawn up to chart the activities of the committee for the next five years will address further the question of trafficking for sexual exploitation.

Registration of Title.

Michael Ring

Question:

165 Mr. Ring asked the Minister for Justice, Equality and Law Reform when a dealing for a person (details supplied) in County Mayo will be completed at the Land Registry Office. [15743/05]

I am informed by the Registrar of Titles that this is an application for transfer of part which was lodged on 13 July 2001. Dealing Number D2001SM005438N refers.

I am further informed that a query issued to the lodging solicitor on 20 May 2004 and that this query has not yet been satisfactorily resolved. I am, however, also informed that the Land Registry and the lodging solicitor discussed this matter very recently with a view to its resolution. On receipt of a satisfactory reply the application will receive further attention in the Land Registry and will be completed as soon as possible.

Prison Staff.

Billy Timmins

Question:

166 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position with respect to prison officer staff based at Shelton Abbey, Wicklow; if they will be afforded an opportunity to remain at this location; and if he will make a statement on the matter. [15756/05]

I refer the Deputy to my response to Questions Nos. 191 and 207 on 21 April and to Question No. 256 on 5 May 2005, 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 Shelton Abbey is that they will be transferred on a permanent basis to other prisons. I cannot be more specific at this point in relation to exactly what prisons will be involved, but they will be notified in due course.

Registration of Title.

Michael Ring

Question:

167 Mr. Ring asked the Minister for Justice, Equality and Law Reform when applications which are pending for a folio (details supplied) will be expedited. [15766/05]

I am informed by the Registrar of Titles that all four of the applications in question have been completed.

Citizenship Applications.

Bernard J. Durkan

Question:

168 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of a post-nuptial citizenship application in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15799/05]

I am pleased to inform the Deputy that the examination of the declaration of post nuptial citizenship from the person referred to has been finalised and that a formal certificate confirming her Irish citizenship will be issued in the next few weeks.

Departmental Staff.

Brian O'Shea

Question:

169 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the number of staff at the Land Registry Office, Dublin; the number of staff in each grade; and if he will make a statement on the matter. [15800/05]

The information requested by the Deputy is set out in the following table.

Dublin Staff at 30 April, 2005.

Grade

Number serving

Registrar

1

Deputy Registrar

1

Deputy Registrar (Operations)

1

Principal Officer — Level 1

3

Principal Officer — Level 2

2

Chief Examiner of Titles (P.O. 1)

4.9

Examiner of Titles (P.O. 2)

5

Assistant Principal

17.9

Higher Executive Officer

30.85

H.E.O. Systems Analyst

2

Executive Officer

107.4

Staff Officer

19.5

Clerical Officer

150.5

Head Services Officer

1

Services Officer (P/K allowance)

7.8

Services Officer

4

Chief Superintendent of Mapping

3.8

Regional Mapping Director

7

Superintendent of Mapping

20.2

Examiner in Charge

37.8

Examiner of Maps

16.1

Draughtsperson

6.7

Total

450.45

Land Registry.

Brian O'Shea

Question:

170 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the position regarding the introduction of the new technologies at the Land Registry office; and if he will make a statement on the matter. [15801/05]

The principal objective of the Registration of Deeds and Title Bill 2004, which is before the Seanad, is to provide a clear statutory basis for the registration of deeds and titles on computer in the Land Registry and the Registry of Deeds and for a digital mapping system, with a view to preparing the way for an electronic conveyancing system. This involves the repeal of existing Registry of Deeds legislation, the earliest of which dates back to 1707, and its replacement with provisions more suited to modern conditions and amendments to the Registration of Title Act 1964.

Brian O'Shea

Question:

171 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the proposals he has for the future of the Land Registry Office, Waterford; and if he will make a statement on the matter. [15802/05]

The Land Registry office in Waterford is a constituent office of the Land Registry and the Registry of Deeds. I recently announced proposals to convert this organisation into a new body to be called the Property Registration Authority. In this regard the Waterford office will continue to function in its current role.

Semi-State Bodies.

Brian O'Shea

Question:

172 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the number of staff in each grade at the Land Registry Office, Waterford; and if he will make a statement on the matter. [15803/05]

The information requested by the Deputy is set out in the following table.

Waterford Staff at 30 April, 2005.

Grade

Serving

Deputy Registrar**

2

Mapping Advisor

1

Principal Officer — Level 2

1

Chief Examiner of Titles (P.O. 1)

1

Examiner of Titles (P.O. 2)

3

Assistant Principal

6.2

Higher Executive Officer

14.4

Executive Officer

41.1

Staff Officer

5

Clerical Officer

80

Head Services Officer

1

Services Officer (P/K allowance)

4.5

Chief Superintendent of Mapping

2

Regional Mapping Director

4

Superintendent of Mapping

5

Examiner in Charge

6

Examiner of Maps

19.4

Draughtsperson

10.1

Total

206.7

**One of the deputy registrars serving in the Waterford office was recently promoted to a new post of deputy registrar for the purpose of decentralising to Roscommon. He is serving in Waterford in a temporary capacity pending relocation for the purposes of the decentralisation programme.

Registration of Title.

Brian O'Shea

Question:

173 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the average length of time which registration takes in each county with the Land Registry office; and if he will make a statement on the matter. [15804/05]

The information requested by the Deputy is set out below.

County

Average Waiting Time (Months)

Carlow

9.3

Cavan

7.8

Clare

5.8

Cork

2.8

Donegal

16.5

Dublin

3.3

Galway

10.7

Kerry

6.8

Kildare

1.1

Kilkenny

12.3

Laois

8.5

Leitrim

13.1

Limerick

7.2

Longford

11.0

Louth

5.7

Mayo

10.8

Meath

8.5

Monaghan

7.1

Offaly

10.4

Roscommon

6.5

Sligo

6.2

Tipperary

7.4

Waterford

3.2

Westmeath

8.4

Wexford

9.9

Wicklow

1.4

I am further informed by the Registrar of Titles that this information was calculated on the following basis.

The total number of dealings on hands in the Land Registry at 30 April 2005 was 156,947. Of these, 38,833 were the subject of queries and cannot be proceeded with until a satisfactory reply is received. The "live" arrear was therefore 118,114. The total number of cases completed from 1 January to 30 April 2005 was 73,197 or 18,300 per month. Therefore the overall national average waiting time in respect of the "live" arrear is 6.45 months.

The length of time taken to complete cases varies depending on a number of factors, including the complexity of the case, investigation of title requirements, the completeness of the documentation presented, mapping requirements, the volume of business being transacted, the level of resources available at any particular time and the time at which the present computerised system was introduced in the Land Registry office for each county. Where a case is urgent and this is brought to the attention of the Land Registry office, in accordance with its customer service policy the matter is dealt with expeditiously.

Semi-State Bodies.

Brian O'Shea

Question:

174 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the proposals he has to provide additional staff to eliminate staff shortages at the Land Registry office, Waterford; and if he will make a statement on the matter. [15805/05]

I am informed by the Registrar of Titles that nearly all of the posts currently sanctioned for the Land Registry and the Registry of Deeds are filled.

The level of staff allocated to any particular area within the organisation, including the Waterford office, is kept under constant review in the light of prevailing circumstances and the volume of work to be processed. I understand that there are no plans to make any further assignments to the Waterford office in the near future.

Question No. 175 answered with QuestionNo. 161.

Decentralisation Programme.

Brian O'Shea

Question:

176 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the proposals he has to locate senior management at the Land Registry office, Waterford; and if he will make a statement on the matter. [15807/05]

I am informed by the Registrar of Titles that a significant number of senior management and operational positions are located in the Land Registry's office in Waterford and that there are no plans to make any additional assignments in the near future. I am further informed that the numbers in each constituent office are proportionate to the tasks undertaken and are kept under constant review in the light of prevailing circumstances and the volume of work to be processed by each unit.

Asylum Applications.

Gerard Murphy

Question:

177 Mr. G. Murphy asked the Minister for Justice, Equality and Law Reform if he will expedite the processing of an application by a person (details supplied). [15808/05]

An application form for permission to remain in the State on the basis of parentage of an Irish born child under the revised arrangements, was made on behalf of the person concerned by a third party and received in my Department on 1 April 2005.

The revised arrangements apply to persons who are currently resident in the State and have been resident in the State with their Irish born child on a continuous basis since the child's birth. In this case the person concerned is currently resident in Australia with her Irish born child. In addition, the person concerned has not herself made an application for consideration to remain under the revised arrangements. Rather it was made on her behalf by a relative and, furthermore, the application form was incomplete.

Given that this was one of the last application forms received and that applications are dealt with insofar as is possible in order of receipt, it will be some weeks before this case is processed to conclusion. However, on the basis of the information available from the incomplete application, it is unlikely that permission to remain will be granted.

Crime Levels.

Paul Kehoe

Question:

178 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the crime statistics for the Carlow town area for 2000, 2001, 2002, 2003 and 2004; if he will consider increasing the number of gardaí at the Carlow Garda station due to the rapidly increasing population; and if he will make a statement on the matter. [15809/05]

Paul Kehoe

Question:

179 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the crime statistics for the Bagenalstown area, County Carlow, for 2000, 2001, 2002, 2003 and 2004; if he will consider establishing a full time Garda station in the area due to the rapidly increasing population; and if he will make a statement on the matter. [15810/05]

Paul Kehoe

Question:

180 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the crime statistics for the Borris area, County Carlow, for 2000, 2001, 2002, 2003 and 2004; if he will consider establishing a full time Garda station in the area, due to the rapidly increasing population; and if he will make a statement on the matter. [15811/05]

Paul Kehoe

Question:

181 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the crime statistics for the Tullow area, County Carlow, for 2000, 2001, 2002, 2003 and 2004; if he will consider establishing a full time Garda station in the area due to the rapidly increasing population; and if he will make a statement on the matter. [15812/05]

I propose to take Questions Nos. 178 to 181, inclusive, together.

In relation to crime figures the Deputy will be aware that on becoming Minister for Justice, Equality and Law Reform, I arranged for the publication of headline crime statistics on a quarterly basis in order to improve the quality of information available to the public. While caution should be exercised in interpreting levels of crime between quarters, I am pleased to note that during my term of office as Minister, the quarterly crime rate has decreased from 6.7 per 1,000 population to 6 per 1,000 over the longer period of 11 quarters for which figures are available. This trend is reflected throughout most Garda districts in the country. In interpreting these figures, account has also to be taken of the introduction of the new PULSE computer system by the Garda Síochána in 1999, which led to more complete and comprehensive recording of crimes reported than was previously the case. The Deputy will also wish to be aware that, taking into account the significant increase in our population since 1995, the headline crime rate has fallen from 29 per 1,000 population in 1995 to 25 per 1,000 population in 2004.

The following tables show the headline offences, for the years 2000 to 2004 inclusive, for the Carlow Garda district which covers the Bagenalstown area, the Baltinglass Garda district, which covers the Tullow area, and the Thomastown Garda district, which covers the Borris area.

The number of Garda personnel assigned to each station, together with overall policing arrangements and operational strategy, is continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public. In this regard, I should like to mention that in addition to the specific resources available to stations, there has also been a considerable increase since 1997 in the number of gardaí serving in national units. Specialist Garda units such as the Garda national drugs unit, the national bureau of criminal investigation, the Criminal Assets Bureau and the Garda bureau of fraud investigation operating under the assistant commissioner in charge of national support services has enabled the Garda Síochána to tackle serious crime effectively. These specialist units work very closely with gardaí operating at district and divisional level.

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

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

Table 1

Headline Offences Recorded and Detected for Carlow Garda district from 2000 to 2004*

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

0

0

1

1

3

3

Assault

60

35

65

48

84

71

38

31

15

14

Sexual Offences

28

16

75

57

44

31

18

14

10

6

Arson

9

1

20

1

11

3

5

3

13

3

Drugs

22

22

23

22

9

9

21

21

12

12

Thefts

616

249

575

195

467

149

351

139

321

148

Burglary

423

39

460

39

453

42

359

44

441

79

Robbery

19

4

30

9

26

14

18

5

17

4

Fraud

42

28

48

36

55

33

112

96

117

106

Other

18

10

18

16

27

24

10

9

3

2

Total

1,237

404

1,314

423

1,176

376

933

363

952

377

*Statistics for 2004 are provisional-operational and liable to change.

Table 2

Headline Offences Recorded and Detected for Baltinglass Garda district from 2000 to 2004*

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

0

0

0

0

0

0

Assault

15

10

29

16

28

21

3

3

3

3

Sexual Offences

16

8

11

2

24

14

18

17

6

6

Arson

11

1

3

0

5

1

7

6

9

2

Drugs

2

2

6

6

1

1

5

5

1

1

Thefts

343

60

315

51

226

21

142

57

184

70

Burglary

332

33

256

14

275

30

207

24

182

28

Robbery

9

2

2

0

6

3

5

3

2

0

Fraud

26

20

11

10

15

4

27

24

38

34

Other

9

7

7

5

8

7

6

5

3

3

Total

763

143

640

104

588

102

420

144

428

147

*Statistics for 2004 are provisional-operational and liable to change.

Table 3

Headline Offences Recorded and Detected for Thomastown Garda district from 2000 to 2004*

Year

2000

2001

2002

2003

2004*

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

0

0

0

0

1

1

Assault

4

4

5

5

10

10

5

5

4

4

Sexual Offences

0

0

3

2

14

14

20

19

2

2

Arson

2

0

1

0

1

1

1

1

2

2

Drugs

2

2

3

3

8

8

3

3

2

2

Thefts

102

31

99

36

70

25

52

17

62

12

Burglary

90

11

99

12

72

15

85

15

126

30

Robbery

0

0

4

1

1

1

1

1

0

0

Fraud

70

68

21

20

23

23

25

25

12

10

Other

4

3

2

2

2

2

4

4

0

0

Total

274

119

237

81

201

99

196

90

211

63

*Statistics for 2004 are provisional-operational and liable to change.

Fairtrade Products.

Dan Boyle

Question:

182 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the extent to which his Department sources Fairtrade products for use in same. [15826/05]

I wish to inform the Deputy that products acquired by my Department are purchased in accordance with established Government procurement guidelines. It is not feasible to identify the extent to which the type of products referred to have been purchased in the course of applying these guidelines.

Appointments to State Boards.

Dan Boyle

Question:

183 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15840/05]

I can inform the Deputy that the Censorship of Publications Board and the Private Security Authority, which are under the remit of my Department, currently have one vacancy each.

Equality Legislation.

Aengus Ó Snodaigh

Question:

184 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the equality legislation which bars unequal treatment in the workplace for persons aged 16 and over makes an exception to allow lower payment of wages to persons under 18; if his attention has been drawn to the fact that this exception has resulted in situations in which workers supporting themselves at age 17 are being paid significantly less than their 18 year old colleagues; and if he will consider introducing amending legislation to redress this imbalance. [15851/05]

McDowell): The Employment Equality Act 1998 prohibited discrimination in vocational training and employment on nine grounds including the ground of age. Section 6(3) of the Act confined the application of the age ground to persons aged between 18 and 65 years. Following amendments to the Employment Equality Act 1998 under the Equality Act 2004, the purpose of which, inter alia, was to give effect to Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, both the 18 and 65 year age limits have been removed and the provisions of the Act on the age ground are now extended to persons who have reached the maximum age at which there is a statutory obligation to attend school.

At the same time, Article 6.1 of the directive permits differences of treatment on the ground of age if, within the context of national law they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary. In this regard, with respect to the employment rights of younger employees, the provisions of both the National Minimum Wage Act 2000 and the Protection of Young Persons (Employment) Act 1996 are subject to exclusions under section 17(4) of the Employment Equality Act as amended. The setting of minimum hourly rates of pay under the National Minimum Wage Act 2000 is a matter for the Minister for Enterprise, Trade and Employment.

Deportation Orders.

Bernard J. Durkan

Question:

185 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will reconsider on humanitarian or compassionate grounds his decision to deport persons (details supplied) in County Kildare; and if he will make a statement on the matter. [15856/05]

The persons concerned, a Bosnian national and three Croatian nationals, arrived in the State on 28 May 2001 and 4 July 2001 respectively and claimed asylum. Their applications were refused following a first instance determination by the Office of the Refugee Applications Commissioner which was upheld, at appeal, by the Office of the Refugee Appeals Tribunal on 30 June 2003.

They were notified of the decision to refuse them refugee status by letters dated 30 July 2003 and 13 August 2003 in which they were informed of the three options open to them at that point, that is, to leave the State before their cases were considered for deportation; consent to the making of deportation orders in respect of them; or make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out the reasons they should not be deported, namely, why they should be allowed to remain temporarily in the State.

Their cases were examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, prohibition of refoulement. On 27 April 2005, deportation orders were made in respect of them. This decision was made following a full and comprehensive examination of the family’s case, including consideration of representations received on their behalf from the refugee legal service for temporary leave to remain in the State. Notice of the orders were served by registered post requiring them to present themselves to the Garda national immigration bureau today Thursday, 12 May 2005 for travel arrangements to be put in place to effect their return.

The enforcement of the deportation orders is now an operational matter for the Garda national immigration bureau.

Asylum Applications.

Bernard J. Durkan

Question:

186 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [15857/05]

The person concerned arrived in the State on 22 April 1999 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 29 August 2002 that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of a deportation order.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement.

Citizenship Applications.

Bernard J. Durkan

Question:

187 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15858/05]

An application for a certificate of naturalisation by the person referred to by the Deputy was originally received in the citizenship section of my Department in December 2004. The application was returned at that stage as the statutory declaration was not completed properly.

The form was resubmitted in March 2005 through the Deputy's office but, unfortunately, it was still incorrect. The form has been returned once more to the applicant for rectification. Every statutory declaration must be signed by the person making it in the presence of the person before whom it is made. In this case, the declaration was signed by the applicant four months prior to the date of its attestation by the person before whom it was made.

Processing of such applications takes an average of 24 months from the time a valid application is received.

Family Law.

Jim O'Keeffe

Question:

188 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will report on the impact proposals on family law, in particular with regard to divorce, emanating from Europe, will have on domestic law here; and if he will make a statement on the matter. [15879/05]

Jim O'Keeffe

Question:

189 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if Irish divorce laws will be diluted as a result of proposals on family law, in particular with regard to divorce, emanating from Europe; and if he will make a statement on the matter. [15881/05]

Jim O'Keeffe

Question:

190 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if proposals on family law, in particular with regard to divorce, emanating from Europe, will require an amendment to Irish legislation; and if he will make a statement on the matter. [15882/05]

Jim O'Keeffe

Question:

191 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform when proposals on family law, in particular with regard to divorce, emanating from Europe, will become effective; and if he will make a statement on the matter. [15883/05]

I propose to take Questions Nos. 188 to 191, inclusive, together.

I assume the Deputy is referring to the Green Paper on applicable law and jurisdiction in divorce matters published by the European Commission on 14 March 2005. The purpose of the paper is to launch a wide-ranging consultation with interested parties on possible measures to be taken at Community level so as to create a procedure which would operate throughout the EU on the question of applicable law and jurisdiction in divorce matters which have a cross-border dimension. The text of the Green Paper is available on the European Commission's website: http://www.europa.eu.int/comm/justice_home/news/consulting_public/news_consulting_public_en.htm. I wish to emphasise that the Green Paper is not a legal instrument. It is merely a mechanism to launch a wide-ranging consultation. It goes without saying, therefore, that it has no impact on Ireland’s family law including our divorce law. Indeed, the Commission Green Paper itself acknowledges that among possible ways forward is no change in the status quo on the basis that the issue does not warrant Community action.

The treaty provisions governing judicial co-operation in civil law matters provide that Ireland has an opt in to measures in this area, either when a proposal is tabled or following its adoption. Were the Commission to come forward with proposals arising from the Green Paper, which is by no means certain, any exercise of an opt in by Ireland to the measure is subject to Article 29.4.6 of the Constitution which requires prior approval of both Houses of the Oireachtas. Ireland is not bound by any measure to which it does not opt in. Furthermore, the relevant treaty provisions provide for decision making by unanimity in relation to all family law measures in the field of judicial co-operation in civil matters. Measures are only permitted by the treaty to the extent that they have cross border implications and are necessary for the functioning of the internal market, Articles 65 and 67 of the TEC.

I also wish to assure the House that Ireland's entitlement to opt into civil law measures is preserved by the constitutional treaty, protocol 19. Likewise, decision-making by unanimity is retained for the purposes of family law measures. The relevant provisions of the constitutional treaty also continue to relate measures in the civil law area to matters having cross border implications and the proper functioning of the internal market as well as on the basis of the principle of mutual recognition. The constitutional treaty also provides that unanimity will apply in relation to the adoption of legislative instruments in the field of judicial co-operation in civil matters which are concerned with family law with cross-border implications, constitutional treaty article III-269. While the constitutional treaty provides for the possibility of a change in the decision making arrangements for this purpose to qualified majority voting and co-decision with the European Parliament, this again can only occur by unanimous decision, Article III-269(3).

The Commission has invited interested parties to submit comments to them on the Green Paper before 30 September 2005.

In accordance with Oireachtas scrutiny arrangements, the Green Paper has been laid before both Houses of the Oireachtas. It has been referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for information and consideration and also to the Joint Committee on Social and Family Affairs.

The Government will convey its view on the matter to the Commission in advance of the September deadline. The Government's starting point will be that any measures that may be taken in this area will not be allowed to undermine our existing domestic law on divorce. However, I should like to make clear that the Green Paper does not contain any proposal to harmonise the laws of member states on divorce.

With regard to other proposals on family law emanating from the EU, the Commission published a Green Paper on maintenance obligations in April 2004 and a Green Paper on succession and wills in March 2005. The purpose in both cases is the launch of a wide-ranging consultation. Both papers have been laid before the Houses of the Oireachtas in accordance with Oireachtas scrutiny arrangements. The latter paper has been referred recently to the Joint Committee on Justice, Equality, Defence and Women's Rights for information.

Departmental Correspondence.

John Gormley

Question:

192 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if he has received correspondence from a person (details supplied); if he intends to act on the requests made in same; and if he will make a statement on the matter. [15891/05]

A response has issued to the correspondence of 10 November 2003. The matters raised in the more recent correspondence referred to by the Deputy are currently under consideration.

Vocational Education Committees.

Pat Breen

Question:

193 Mr. P. Breen asked the Minister for Education and Science, further to Question No. 891 of 12 April 2005 (details supplied), if the inquiry has been finalised; if a copy of the report will be made available to interested parties as soon as possible; and if she will make a statement on the matter. [15728/05]

As indicated in my reply to Question No. 891 of 12 April 2005, issues were raised with my Department regarding the terms of reference of the inquiry referred to by the Deputy.

I have been advised that the terms of reference of the inquiry were ultra vires. Accordingly, I decided that the best way to proceed was to terminate the original inquiry and to establish a new inquiry with new terms of reference. County Clare Vocational Education Committee was informed of this decision. I am satisfied that the new inquiry’s terms of reference come within the scope of an inquiry under the Vocational Education Act 1930. I understand that the officer conducting the inquiry is taking steps to contact all relevant persons and intends to conclude the inquiry as speedily as possible.

Grant Payments.

Finian McGrath

Question:

194 Mr. F. McGrath asked the Minister for Education and Science the amount of public money granted to an institute of education (details supplied) in Dublin 9 in 2004-05; and if she will make a statement on the matter. [15729/05]

My Department provided a total of €5,063,335 to the institute referred to by the Deputy in the 2004-05 year to date. The funding provided by my Department to the institute in question covers a range of activities and services from pre-service education to continual professional development of teachers.

Industrial Relations.

Finian McGrath

Question:

195 Mr. F. McGrath asked the Minister for Education and Science if she has satisfied herself that the board at an institute of education (details supplied) has always acted in a responsible manner regarding staff relations, public funding and the general running of the college. [15730/05]

Finian McGrath

Question:

196 Mr. F. McGrath asked the Minister for Education and Science her views on the loss of quality staff at an institute of education (details supplied) in Dublin 9; and if she will make a statement on the matter. [15731/05]

Finian McGrath

Question:

197 Mr. F. McGrath asked the Minister for Education and Science if she has satisfied herself with the spending of taxpayers’ money at institutes of education (details supplied) in Dublin 9; and if all funds are accounted for in a professional manner. [15732/05]

I propose to take Questions Nos. 195 to 197, inclusive, together.

As the Deputy is well aware, the head of the college covered by the Deputy's questions, resigned from that position on Friday, 29 April. Arising from this development and various related matters I have asked that one of the country's leading independent accountancy firms examine the question of the use of moneys paid by my Department to the institution in question. I have also asked that a report be prepared as promptly as possible and that the outcome be presented to me once completed. I intend to make its findings public. At this stage, there is nothing to show that funding provided by my Department to the institution in question has not been applied solely and properly for its intended purposes, but it is important to secure confirmation that this is the case.

I also commend the staff of the institution in question and acknowledge that they are ensuring that the education of students is of paramount importance. Despite the current difficulties at the institution, they continue to provide a properly professional service to students. I have been assured that the lectures, teaching practice and examinations are proceeding as planned.

The recent reported difficulties at the institution in question relate to the employee-employer relationship between the head of the college and that person's employers, which, I understand, were subject to legal proceedings. In this regard, it is not considered appropriate for me to make any comment on them.

Apart from the provision of funding, my Department also has a role regarding the quality of graduates from the college. This role is similar to its role vis-à-vis other State-supported colleges of this nature. My Department’s inspectorate actively monitors the quality of the graduates on an ongoing basis to ensure that the highest quality students graduate from all colleges of this nature. This is a well-established monitoring process and one, which has worked very well.

Senior officials from my Department met the trustees and a number of members of the board of governors of the institute in question yesterday and have been assured by them that all monies provided by my Department have been applied for the purpose for which they are allocated.

Special Educational Needs.

Michael Lowry

Question:

198 Mr. Lowry asked the Minister for Education and Science if correspondence has been brought to her attention (details supplied); the steps she will take to rectify the matter and provide the necessary staff outlined in the correspondence; and if she will make a statement on the matter. [15733/05]

The correspondence referred to by the Deputy relates to special needs assistant support for a specific pupil. My Department has recently sanctioned a special needs assistant post to the school, which the pupil is attending. This decision was conveyed to the school in April 2005.

Pat Breen

Question:

199 Mr. P. Breen asked the Minister for Education and Science if a special needs assistant will be sanctioned for a primary school (details supplied) in County Clare. [15751/05]

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

My Department's officials have been informed by the NCSE that a number of applications have been received for special needs assistant supports from the school concerned including the pupil referred to by the Deputy. The matter has been referred to the local SENO who will be in direct contact with the school authorities shortly.

Liam Aylward

Question:

200 Mr. Aylward asked the Minister for Education and Science the progress to date on the review for resource teaching and special needs assistant for a person (details supplied) in County Kilkenny. [15760/05]

As the Deputy is aware, the application for special educational teaching support for the pupil concerned was referred to the local special educational needs organiser, SENO, for determination. The SENO examined the application and expressed the opinion that the pupil's special educational needs appear to be within the high incidence disability category and therefore does not qualify for individual hours resource teaching support.

With regard to teaching supports for pupils within the high incidence categories, my Department has now completed its review of the general allocation, GA, system of resource teaching support. The new model replaces the one notified to schools in June 2004, which has been reviewed to take account of difficulties that it may have caused for smaller schools. Some 660 additional special needs teaching posts will be put in place in primary schools from next September to facilitate the implementation of the new GA system. The introduction of this new system will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts will be provided on a temporary basis to facilitate the transition to the new system and to ensure continuity of service for children who have previously been given an individual allocation until those children leave the primary school system. It is a matter for the school to make arrangements to provide teaching support to those pupils who qualify for such support from its GA allocation.

My Department is now devising school clusters in respect of allocations to be made under the GA system. These will be notified to schools shortly along with the details of each school's individual allocation. This communication will clarify the position regarding the resource and learning support allocation available to the school referred to by the Deputy. My Department is also finalising a circular for schools, which will contain detailed information on how the new system will operate. It is intended that this circular will issue before the end of the current school year.

My Department has been advised by the SENO that the pupil has been granted the services of a full time special needs assistant, SNA. The school authorities were notified accordingly on 21 April 2005.

Schools Building Projects.

Olwyn Enright

Question:

201 Ms Enright asked the Minister for Education and Science when she will announce the schools which will progress under public private partnership; the reason no announcement has been made to date; if she still intends to progress under this model in 2005; and if she will make a statement on the matter. [15761/05]

I refer the Deputy to my answer to Questions Nos. 396 and 421 of 10 May 2005.

Site Acquisitions.

Olwyn Enright

Question:

202 Ms Enright asked the Minister for Education and Science when the site purchase will be completed for a school (details supplied) in County Offaly; the reason for the delay to date; and if she will make a statement on the matter. [15762/05]

The contract for the purchase of the site for the school referred to by the Deputy is with the Office of the Chief State Solicitor. It is expected that the purchase will be concluded shortly.

Schools Building Projects.

Olwyn Enright

Question:

203 Ms Enright asked the Minister for Education and Science when her Department will report on the findings submitted to the building section on 15 April 2005 by the technical group appointed by her Department following the examination of the sites of two schools (details supplied) in County Laois; when a decision will be made on whether a new school will be provided; and if she will make a statement on the matter. [15763/05]

Technical assessment of the two schools in question was carried out by officials in the planning and building section of my Department to ascertain which, if any, would be suitable to act as host for the new school concerned. This report is being examined to determine the most suitable cost-effective accommodation solution. A decision will be made shortly and the project will be progressed in the context of the school building programme from 2005 onwards.

School Accommodation.

Joan Burton

Question:

204 Ms Burton asked the Minister for Education and Science the action she proposes to take in respect of renovation required at a school (details supplied) in Dublin 15; if her attention has been drawn to the extreme pressures on staff and pupils caused by lack of space and severe overcrowding; and if she will make a statement on the matter. [15780/05]

Last year my Department received an application from the authorities of the school referred to by the Deputy for the provision of a general purpose room, resource rooms, multi-purpose room and storage space. That application was assessed in accordance with the published prioritisation criteria for large-scale building projects, which were revised following consultation with the education partners. The project will be progressed in the context of the school building and modernisation programme for 2005 to 2009.

I am pleased to confirm that the school concerned was successful in securing funding towards the partial replacement of windows under the summer works scheme 2005. The school also received a grant of €225,000 in 2004 towards the replacement of windows.

With regard to the specific incident referred to by the Deputy, the school building section of my Department is awaiting further information from the school management authority and will consider the matter further when that information has been received.

Schools Refurbishment.

Gerard Murphy

Question:

205 Mr. G. Murphy asked the Minister for Education and Science the reason a school (details supplied) in County Cork will not be awarded a grant for yard resurfacing. [15781/05]

The management authority of the school to which the Deputy refers made an application under the summer works scheme for 2005. Owing to the level of demand for funding for higher-priority projects, unfortunately, it was not possible to fund the project in question this year.

It is open to the school's management authority to re-apply for funding under the 2006 summer works scheme, details of which will be announced shortly. In the meantime, funding provided to the school from the grant scheme for minor works should be used to address immediate health and safety concerns at the school.

Fairtrade Products.

Dan Boyle

Question:

206 Mr. Boyle asked the Minister for Education and Science the extent to which her Department sources Fairtrade products for use in same. [15827/05]

My Department is currently looking at the availability of Fairtrade products and the feasibility of their use in its offices. The potential use of those products would probably be confined to our staff restaurants, and the issue has been raised with the catering managers in our Dublin, Athlone and Tullamore offices.

I will be also open to the potential use of other Fairtrade products that may become available, subject to the normal criteria of suitability and value for money.

Appointments to State Boards.

Dan Boyle

Question:

207 Mr. Boyle asked the Minister for Education and Science the current nominations for vacancies on boards of statutory agencies under the remit of her Department. [15841/05]

Currently the following appointments are due to be considered in respect of the boards of statutory bodies under my remit: governing body, Dundalk Institute of Technology, 17 appointments; governing body, Limerick Institute of Technology, 17 appointments; governing body, Institute of Technology, Tralee, 17 appointments; governing body, Carlow Institute of Technology, one appointment; Further Education and Training Awards Council, or FETAC, two appointments; Higher Education and Training Awards Council, or HETAC, one appointment; Dublin Institute for Advanced Studies, or DIAS, 36 appointments; and National Council for Special Education, or NCSE, one appointment.

The process for making those appointments is ongoing and in line with the relevant statutory provisions in each case.

Higher Education Grants.

Pádraic McCormack

Question:

208 Mr. McCormack asked the Minister for Education and Science the situation with regard to the eligibility of students for third level grants at an institute of technology (details supplied); if students at this college are eligible for third level grants without the college having to go through the HETAC; and if she will make a statement on the matter. [15847/05]

The higher education grants scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. An "approved institution" is defined to mean a university, college or other institution of higher education in so far as it provides a course or courses of not less than two years' duration at undergraduate level and not less than one year's duration at postgraduate level, being a course or courses of which the Minister for Education and Science approves for the time being for the purposes of the Acts.

The annual higher education grants scheme sets out a list of approved institutions for the purposes of the scheme. The approved institutions mainly comprise the publicly funded third level institutions. However, several religious and other institutions have been admitted to the scheme over the years.

Milltown Institute of Theology and Philosophy, Dublin, is included in the list of approved colleges under my Department's 2004 higher education grants scheme in respect of the following courses: national certificate in philosophical studies, a two-year, full-time course; Bachelor of Arts in philosophy; BA in theology and philosophy; BA in theology and pastoral care, a four-year, full-time course; BA in theology and anthropology, from 2003-04, a four-year, full-time course; graduate diploma in spirituality, a one-year postgraduate course; graduate diploma in applied spirituality, a one-year postgraduate course; MA in spirituality, a two-year postgraduate course; MA in philosophy by research and thesis; MA in theology by research and thesis; MA in biblical studies; MA in faith and culture studies, from 2003-04, a one-year full-time course; PhD in philosophy; and PhD in theology.

Candidates intending to pursue any of the approved courses at the institute are advised to contact their local authority with a view to being assessed for grant assistance.

My Department, to date, has received no representations from Milltown Institute of Theology, Dublin, regarding the inclusion of additional courses under the 2005 higher education grant scheme.

School Transport.

Liam Aylward

Question:

209 Mr. Aylward asked the Minister for Education and Science if a decision has been made on the application for school transport for children residing in the Barracore and Doninga areas of County Kilkenny. [15849/05]

My Department has received a report from the relevant transport liaison officer, or TLO, regarding transport for pupils from the Barracore and Doninga areas. The TLO has been requested to provide further information regarding the case. The Deputy will be advised of the position as soon as possible.

School Staffing.

Paddy McHugh

Question:

210 Mr. McHugh asked the Minister for Education and Science if a school (details supplied) in County Galway will retain its full-time resource post and have its learning support increased to a full-time post; and if she will make a statement on the matter. [15850/05]

I trust that the Deputy is aware that my Department has now completed its review of the general allocation, or GA, system of resource teaching support. The new model replaces that which was notified to schools in June 2004, which has been reviewed to take account of difficulties that it may have caused for smaller schools.

I can confirm that 660 additional special needs teaching posts will be put in place in primary schools from next September to facilitate the implementation of the new GA system.

The introduction of the new system will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts are being provided on a temporary basis to facilitate the transition to the new system and to ensure continuity of service for children who have previously been given an individual allocation until those children leave the primary school system.

My Department is now devising school clusters in respect of allocations to be made under the GA system. Those will be notified to schools shortly, along with the details of each school's individual allocation. That communication will clarify the position regarding the resource and learning support allocation available to the school referred to by the Deputy. My Department is also finalising a circular for schools which will contain detailed information on how the new system will operate. It is intended that the circular will be issued before the end of the current school year.

Special Educational Needs.

Bernard J. Durkan

Question:

211 Mr. Durkan asked the Minister for Education and Science when the necessary funds will be made available to a school (details supplied) in County Kildare to meet the special needs teachers’ assistants; and if she will make a statement on the matter. [15852/05]

As the Deputy is aware, the school was advised recently that the pupil in question did not meet the criteria for special needs assistant, or SNA, support, as insufficient evidence of care needs was presented with the application. Additional supporting information has since been received in my Department, and that was forwarded to the National Council for Special Education, or NCSE, for consideration. The local special educational organiser, or SENO, will make direct contact with the school shortly regarding the matter. The pupil is currently receiving 3.5 hours resource teaching support.

School Placement.

Bernard J. Durkan

Question:

212 Mr. Durkan asked the Minister for Education and Science the progress of the application by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15853/05]

My Department has not received any notification that the person referred to by the Deputy has been refused enrolment to the school in question. My Department has requested the National Educational Welfare Board, or NEWB, to contact the parents of the person referred to by the Deputy. The NEWB is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. My Department has also written to the parents informing them of their right, under section 29 of the Education Act 1998, to appeal a decision by any recognised school to refuse enrolment to their child.

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

Information regarding the section 29 appeals procedures, including an appeals application form and contact details for the relevant section of my Department, has been sent to the parent of the student referred to by the Deputy. To date, no such appeal has been lodged with my Department. The parent has also been advised to contact the senior educational welfare officer for the area to seek assistance in the matter.

Departmental Properties.

Bernard J. Durkan

Question:

213 Mr. Durkan asked the Minister for Education and Science if approval will be given for the use of the Christian Brothers’ monastery, Kilcock, County Kildare as a St. Vincent de Paul centre; and if she will make a statement on the matter. [15854/05]

My Department is in the process of transferring this property to Kildare County Council as part of a land swap to facilitate a new primary school in Kilcock. The future use of the property will therefore be a matter for the council.

School Curriculum.

John Gormley

Question:

214 Mr. Gormley asked the Minister for Education and Science the basis on which schools can declare a free day for students; if her attention has been drawn to the fact that such days given at short notice can cause much inconvenience for parents; and if she will make a statement on the matter. [15890/05]

The Social Partnership Agreement 2003-2005, Sustaining Progress, provided for modernisation of the education sector. As part of the modernisation process, arrangements with regard to standardised mid-term breaks and holiday periods at Christmas and Easter were agreed following discussions at the Teachers' Conciliation Council which involved union and management interests.

Once schools adhere to the agreed standardisation, they have local flexibility in determining how they make up the required number of teaching days, 183 days in respect of primary and 167 days in respect of post-primary schools. The Department does not centrally determine whether a school opts to have a closure for any particular event once the overall number of teaching days has been delivered by the school over the course of the year. That approach aims to strike a balance between allowing schools some local discretion while at the same time ensuring that pupils get their full entitlement to education. It is, of course, essential that there be the greatest possible consultation with parents and that sufficient notice be given regarding any school closure.

Schools may use their discretionary days, where available, to determine the precise start and end of the school year. However, it is recognised that the commencement of certificate examinations will mean that post-primary schools will not be open for tuition beyond the Friday preceding the June bank holiday in any year. The expectation is that to meet the overall requirement of a minimum of 183 days at primary level or 167 at post-primary level the school year will normally commence in the week that 1 September falls.

In reality, most post-primary schools would not have any discretionary days but where they do, the arrangements provide some limited flexibility to schools on certain other days outside the defined periods.

Special Educational Needs.

Willie Penrose

Question:

215 Mr. Penrose asked the Minister for Education and Science if a special needs assistant will be provided for a person (details supplied) in County Westmeath; if consideration will be given to a reassessment of this person; and if she will make a statement on the matter. [15892/05]

I can confirm that my Department received an application for special needs assistant, or SNA, support for the pupil in question. The application is currently being considered, and a decision will be conveyed to the school in the coming days.

With regard to the matter of re-assessment, I understand that a psychologist from the National Educational Psychological Service will monitor the situation when she visits the school shortly.

Willie Penrose

Question:

216 Mr. Penrose asked the Minister for Education and Science when she will take steps to respond to the report submitted to her Department seeking the provision of a special needs assistant for a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [15893/05]

As the Deputy is aware, the school was advised on 16 August 2004 that the pupil in question did not meet the criteria for special needs assistant, or SNA, support, as there was insufficient evidence of care needs.

The Deputy may also be aware that the National Council for Special Education, or NCSE, which became operational on 1 January 2005, now processes applications for special educational needs, or SEN, supports. The NCSE will consider any new application for SNA support that the school may wish to submit when accompanied by relevant additional information, which may not have been to hand at the time of the decision.

My officials have been in contact with the local special educational needs organiser, or SENO, who has confirmed that no additional information has been received in this case. If additional information is made available, the SENO will further review the case and notify the school of the outcome.

Schools Building Projects.

Willie Penrose

Question:

217 Mr. Penrose asked the Minister for Education and Science, further to an appeal for additional grant-aid by a school (details supplied) in County Westmeath, when the appeal board of three senior officials will meet to consider the case made by the board of management in respect of the additional funds required in order that a top-class primary school is put in place at the location; and if she will make a statement on the matter. [15894/05]

Appeals in regard to building projects are held on a monthly basis and the school in question will therefore be notified of the outcome of its appeal by the end of May 2005.

Fairtrade Products.

Dan Boyle

Question:

218 Mr. Boyle asked the Minister for Defence the extent to which his Department sources Fairtrade products for use in same. [15828/05]

Procurement by my Department, including the Defence Forces, must be carried out in accordance with Government contracts procedures and European Union directives, under which the award of contracts is primarily based on the quality of the product and cost. It is not open to me, therefore, to favour suppliers of Fairtrade approved products over other suppliers in purchases by my Department. However, such products would be considered in the normal way if tendered in a procurement competition.

Appointments to State Boards.

Dan Boyle

Question:

219 Mr. Boyle asked the Minister for Defence the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15842/05]

There is one vacancy on the board of Coiste an Asgard, which I am in the process of filling. There are no other vacancies on statutory boards under the aegis of my Department.

Decentralisation Programme.

Brian O'Shea

Question:

220 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government the position regarding decentralisation to Waterford city; and if he will make a statement on the matter. [15786/05]

My Department is co-operating with the Department of Finance, the decentralisation implementation group, DIG, and the Office of Public Works to ensure the Government's decentralisation programme is implemented efficiently and effectively. An implementation plan, which sets out the broad issues to be addressed in implementing the decentralisation programme for this Department, has been submitted to the DIG.

A total of 111 applications had been received at the central applications facility, CAF, by the priority cut-off date of 7 September 2004 in respect of the 225 posts to be decentralised to Waterford. In accordance with the recommendations of the DIG, my Department will set up small planning groups in conjunction with local interests to help facilitate staff locating to Waterford when the timescale for transfer becomesclearer. The Office of Public Works is evaluating site acquisition options in Waterford.

EU Directives.

Pat Breen

Question:

221 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government when he intends to implement the EU directive on recycling of electronic waste; if his attention has been drawn to the implications involved for independent electrical retailers which have to compete with UK multiples; if he intends to hold consultations with these groups; and if he will make a statement on the matter. [15726/05]

Draft regulations which will transpose the directive into Irish law have been published for consultation. These were prepared by my Department working closely with the relevant public sector and industry stakeholders through a dedicated WEEE taskforce. Retailer interests are represented on this taskforce which was established in February 2003.

It is intended to make regulations early in June 2005 fully transposing this directive's provisions and facilitating its full implementation in August 2005 as required. The obligations involved for all who sell electrical and electronic equipment will be the same, regardless of whether they are independent retailers or multiples, headquartered in or outside the State.

Social and Affordable Housing.

Pat Breen

Question:

222 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government the reason a bank (details supplied) is the only financial institution available to affordable housing applicants; if he will seek other banking institutions to make their services available under this scheme; and if he will make a statement on the matter. [15727/05]

My Department has been involved in extensive discussions and negotiations for some time with a number of private lending institutions with a view to those institutions providing mortgage finance, subject to their normal lending criteria, to applicants who have been allocated an affordable housing unit for purchase under Part V of the Planning and Development Acts 2000-2004 or the Housing (Miscellaneous Provisions) Act 2002.

While agreement has been reached to date with just one of the main financial institutions, discussions are ongoing with a number of other lenders with the intention of securing their agreement to the provision by them of mortgage finance for affordable housing. I hope these discussions can be concluded in the near future.

Water and Sewerage Schemes.

Breeda Moynihan-Cronin

Question:

223 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the steps he is taking to deal with the uncontrolled discharge of sewage into rivers, in particular into River Caherdaniel in County Kerry; and if he will make a statement on the matter. [15745/05]

Schemes to the value of €27 million to improve wastewater collection and treatment infrastructure in County Kerry are included in my Department's water services investment programme for 2004 to 2006, a copy of which is available in the Oireachtas Library.

The Kerry villages sewerage scheme, which includes Caherdaniel, is among the schemes being advanced under the programme. Kerry County Council has submitted proposals to my Department for the appointment of consultants to prepare a procurement strategy for this and the other village sewerage schemes contained in the programme. The proposal is under examination in the Department and will be dealt with as quickly as possible.

Dan Neville

Question:

224 Mr. Neville asked the Minister for the Environment, Heritage and Local Government when the sewerage scheme will be upgraded in Glin, County Limerick. [15750/05]

The Glin sewerage scheme is included in my Department's water services investment programme for 2004 to 2006 as a scheme to commence construction this year. My Department awaits Limerick County Council's proposals for the appointment of consultants to prepare the preliminary report for the scheme.

Social and Affordable Housing.

Bernard J. Durkan

Question:

225 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of affordable houses constructed since the inception of the scheme in the Dublin local authority areas and throughout the country; the net cost of the housing units to the eligible purchasers; if a profit accrued to the local authorities arising from these transactions, taking into account the original cost of the lands, the development cost and the effect of a claw-back and other factors; and if he will make a statement on the matter. [15782/05]

Information on the number of housing units provided under the various affordable housing schemes in each local authority area is published in my Department's housing statistics bulletins, copies of which are available in the Oireachtas Library and on the Department's website at www.environ.ie. The annual housing statistics bulletins provide, among other data, information on house prices under the shared ownership and the 1999 affordable housing schemes.

The detailed information sought in regard to profits, development costs and the effects of the claw-back are not available to my Department.

Bernard J. Durkan

Question:

226 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 273 of 21 April 2005, if his Department approves each individual scheme of affordable housing; and if he will make a statement on the matter. [15783/05]

It is a matter for local authorities to provide affordable housing through the various targeted schemes. These are the shared ownership scheme, the 1999 affordable housing scheme and the provisions of Part V of the Planning and Development Acts 2000 to 2004. My Department's approval is not required for applications under these schemes. However, where site subsidy is being applied for under the 1999 affordable housing scheme, Department approval is required as to the level of subsidy payable. Likewise, moneys collected through Part V agreements may only be expended with the prior sanction of my Department.

Different arrangements may in some cases apply to affordable housing developments on State lands under the Sustaining Progress affordable housing initiative under which my Department will be represented on certain public private partnership project boards set up to approve and manage the larger developments.

Planning Issues.

Bernard J. Durkan

Question:

227 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he has received indications from the various local authorities that his recently announced planning guidelines in respect of rural housing are being implemented; if he has satisfied himself that the guidelines as announced are likely to be of benefit to the indigenous rural population; and if he will make a statement on the matter. [15784/05]

My Department's guidelines for planning authorities on sustainable rural housing came into effect on 13 April 2005. Their purpose is to support the accommodation of rural housing needs, while ensuring that housing development in rural areas is sustainable in economic, social and environmental terms.

Draft guidelines were published in March 2004 to give all those interested an opportunity to comment before the guidelines were finalised in statutory form. In the meantime, planning authorities were asked to implement the draft guidelines in exercising their functions under the Planning and Development Act 2000. My Department received more than 105 submissions from interested organisations and individuals in regard to the draft guidelines. Many of the suggestions contained in the submissions have been incorporated into the final guidelines.

The guidelines provide that reasonable proposals on suitable sites for persons who are part of and contribute to the rural community should be accommodated. This is subject to the need for proper consideration of matters such as adequate wastewater disposal and road safety. The guidelines state that the housing needs of emigrants who now wish to return to their home places on retirement or for other reasons should be facilitated. There is also a provision which indicates that planning authorities should grant permission in cases where exceptional health circumstances, as certified by a doctor and the relevant disability organisation, may require a person to live in a particular environment or close to family support.

The guidelines stress the need for a balanced and informed approach by planning authorities in assessing the design aspects of proposals and not to be overly prescriptive. They also place a stronger emphasis on a better and more courteous service from planning authorities and improved co-operation between planning authorities and applicants, particularly at the pre-planning phase of applications. The application of the new guidelines will serve to enhance housing development in rural areas in a sustainable fashion. Local authorities have been implementing the draft guidelines since March 2004 and have been asked to implement the finalised guidelines since their launch on 13 April 2005.

I intend that my Department will monitor the effectiveness of the guidelines. My Department is also making arrangements for a series of regional seminars for local authority planners on the practical implementation of the guidelines. The seminars will provide practical advice on the implementation of the core provisions of the guidelines, including preparation of development plan policies, the provision of better support and advice to applicants, and more efficient and comprehensive consideration of planning applications.

Fairtrade Products.

Dan Boyle

Question:

228 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the extent to which his Department sources Fairtrade products for use in same. [15829/05]

My Department does not directly source Fairtrade products for use in its offices. However, the company providing catering services in my Department's headquarters has made and will continue to make available a number of Fairtrade products.

Appointments to State Boards.

Dan Boyle

Question:

229 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the current nominations for vacancies on boards of statutory agencies under the remit of his Department. [15843/05]

There are two vacancies on the boards of statutory agencies under the remit of my Department, one each in both the Heritage Council and the Rent Tribunal. I will consider the position regarding the filling of these vacancies in the coming months.

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