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Dáil Éireann debate -
Wednesday, 25 May 2005

Vol. 603 No. 1

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 8, inclusive, answered orally.
Questions Nos. 9 to 22, inclusive, resubmitted.
Questions Nos. 23 to 33, inclusive, answered orally.

Departmental Staff.

Jan O'Sullivan

Question:

34 Ms O’Sullivan asked the Minister for Agriculture and Food the way in which it is intended to redeploy the estimated 400 staff previously employed in administering farm income support schemes; and if she will make a statement on the matter. [17394/05]

I am conscious of the need to manage in an orderly way the redeployment of the 400 staff being released between now and January 2006 and a number of steps have been taken in this regard. In early 2004, following discussions with the unions and staff associations, my Department adopted a policy of recruiting only temporary staff to fill vacancies, where possible and appropriate. As a result, my Department currently has close on 80 temporary staff whose contracts terminate before 2006. This will greatly facilitate the adjustments that must be made consequent on the introduction of the single payment scheme.

In February of this year the Government decided to redeploy up to 300 staff to the Garda Síochána. Arising from that decision, it is proposed to redeploy staff from my offices in Castlebar and surrounding towns to the Garda national data quality assurance bureau, which it is intended will operate the PULSE system from Michael Davitt House in Castlebar. Detailed planning for the implementation of this proposal is ongoing and involves the Department of Finance, the Department of Justice, Equality and Law Reform and the Garda. This will provide a welcome and opportune means of redeploying a large number of agriculture staff, up to 160, who will become free in Castlebar and surrounding offices towards the end of the year.

My Department has also opened discussions with other Departments with substantial networks of local offices, particularly the Revenue Commissioners and the Department of Social and Family Affairs, and will transfer staff to fill vacancies in those Departments as the opportunity arises. Discussions with staff associations and the Department of Finance on the issues that such transfers inevitably give rise to are ongoing.

At an early stage in the process, a sub-committee of my Department's departmental council was established to assist in managing the change process in terms of the various work and staff changes that will occur and in defining the basic principles to apply in the context of the redeployment of staff. Assuming the continuing co-operation of unions and Departments, the approaches listed above should allow staff that are freed up to be redeployed to work in other Departments with the minimum of delay.

However, it must be recognised that there continues to be exceptional work demands on the Department in 2005. The single payment scheme involves €1.3 billion to be paid to over 130,000 farmers in December. At the same time, some €400 million under the old coupled schemes has to be delivered, largely by 30 June, and €230 million is due to be paid to 100,000 farmers under the disadvantaged area scheme by late September. To deal with this exceptional work load many staff that are currently being freed up in local offices throughout the country are being transferred on a temporary basis to urgent work on the single payment scheme in Portlaoise.

Food Industry.

Paul Nicholas Gogarty

Question:

35 Mr. Gogarty asked the Minister for Agriculture and Food her views on the concerns expressed in the media regarding the rise of obesity here; and if she will not endorse obesogenic food companies such as those involved with the Government endorsed Nutrition and Health Foundation. [17406/05]

The report of the national task force on obesity is to be welcomed and I congratulate John Treacy and his team on their professional approach to their task.

Obesity is an immensely important issue for the future health of our society. It demands a multi-faceted response, including a proactive approach by the food industry. As the report bears out, there is no single or simple solution to tackling the problem of obesity. This problem must be approached with the full participation of all players, Government, health authorities, educationalists, industry and, of course, the individual. The participation and co-operation of all these stakeholders is essential if we, as a nation, are to meet the challenge of obesity. For that reason, I share the sentiments expressed by the Taoiseach when launching the report of the national task force on obesity that the IBEC initiative to establish the Nutrition and Health Foundation reflects the desire of the food industry to play a responsible role.

The Nutrition and Health Foundation is an IBEC initiative involving industry, educators, scientists, various Government Departments and State bodies that seeks to inform the public on the variety of issues from healthy lifestyles to nutritional labelling. It has close links with the Irish Universities Nutrition Alliance, IUNA, Trinity College, University College Cork and the University of Ulster at Coleraine and will disseminate its messages in a non-branded evidence based fashion. The question, therefore, of this foundation endorsing individual companies does not arise. In fact, this type of multi-stakeholder platform at national level is very much in line with the recently established EU platform for action on diet, physical activity and health.

I will continue to support our valuable food industry in its efforts to secure markets at home and abroad for wholesome and quality food products. The overwhelming message from the report of the national task force on obesity is the desirability of a correct balance between healthy eating and appropriate physical activity. The food pyramid, which shows the optimum proportions of the various food groups, remains the yardstick and a variety of foods is important for healthy eating.

Healthy eating coupled with appropriate physical activity is key to combating the obesity problem. Physical exercise is not, by and large, part of the modern lifestyle and we do need to be reminded every so often to get active. The prevalence of childhood obesity is a cause for concern and the recommended 60 minutes of moderate physical activity per day is an achievable goal. The scientific study on children's diet carried out by IUNA, under the sponsorship of my Department's FIRM programme and the FSAI, also bears out the rising prevalence of obesity among the younger population.

This is the first comprehensive scientific evaluation of dietary intake in children in Ireland and provides direction for the dietary strategies that need to be established to prevent obesity in Irish children. Inadequate consumption of milk, fresh meat and fruit and vegetables were identified in the study. I believe that the Irish food industry is well positioned to supply and promote products to remedy this dietary deficiency. Ireland is at the cutting edge of food research and we can lead the food agenda to enhance the health and well being of our customers at home and abroad.

Farm Input Costs.

John Gormley

Question:

36 Mr. Gormley asked the Minister for Agriculture and Food her advice to farmers faced with a substantial rise in price from silage contractors due to a rise in diesel prices by over 30% in the past year. [17407/05]

The cost of fuel and energy, driven by international oil prices, is an issue for all parts of the economy, including the agriculture sector. The CSO wholesale price index fell by 2.3% in the 12 months to March 2005 but within this auto diesel costs increased by 18.6% and gas oil increased by 35.5%. These changes in fuel prices have contributed to recent increases in the consumer price index. Fuel and lubricants, which include petrol, diesel and motor oil, account for about 3% of the total basket of goods used in the compilation of the consumer price index. The increase in this for fuels and lubricants was 9.5% in the 12 months to April 2005.

In the agriculture sector there was a similar pattern. The cost of all agricultural inputs, as measured by the agricultural inputs price index, increased by 3.5% in the 12 months to February 2005, the latest figure available. Over the same period the motor fuel costs item within the agricultural index increased by 15.1%. Silage contractors are likely to pass on these cost increases to their customers. It is important that farmers actively seek the best price available for these services.

Rising input costs and fluctuations in international oil prices underline the importance of ensuring that all inputs are used efficiently. Research suggests that while many farms are operating at impressive levels of efficiency, there are others where there is considerable room for improvement. I am sure that the change to the single farm payment system and the consequentially increased focus on market returns will underline these facts and will increase the attention paid to the efficient use of inputs.

Food Industry.

David Stanton

Question:

37 Mr. Stanton asked the Minister for Agriculture and Food the measures she is taking to promote the use of higher quality foods; and if she will make a statement on the matter. [17393/05]

The priority for the Irish food industry must be the development of innovative high quality food products meeting the highest standards of traceability and food safety. The industry's traditional reliance on commodity exports has reduced in the past decade as a prepared consumer foods industry has been developed with EU and national assistance.

The National Development Plan 2000-2006 includes initiatives for marketing as well as both public good and commercial food research. These initiatives have facilitated the Irish food industry in developing new capabilities and improving access to new technologies. Progress under the national development plan is satisfactory, with commitments of €174 million undertaken between 2000 and 2004. Companies have invested in new products and new market outlets, for example, recent listings with continental buyers for high value meat products.

The decoupling of direct payments from production will, I believe, further shift the emphasis away from quantity to quality production. The overriding principle in Irish food production must be that only food produced meeting consumer demands for the highest standards of food safety and quality is placed on the market. My Department works closely with other Government agencies to ensure that the highest possible national and EU standards of food safety and quality are in operation at the primary production and food processing stages. Both industry and public bodies have made a huge investment in these areas and our systems of traceability are very effective.

Bord Bia, which has statutory responsibility for promotion of Irish food produce, currently operates quality assurance schemes in the beef, pigmeat, horticulture, poultry and egg sectors. These schemes complement other national initiatives and controls and demonstrate producer compliance with customer quality requirements and legislative safety provisions. They operate in an integrated fashion along the production chain, thereby providing controls from farm to table. Products produced under the higher standard requirements of these schemes can be marketed at home and abroad under the board's quality assurance mark.

In co-operation with Bord Bia and the European Commission, my Department has also funded information and promotion campaigns in the milk, beef, eggs and mushrooms sectors to encourage consumption and to draw attention to the quality and nutritional value of these products. My Department will continue to play a lead role in assisting the food industry meet the challenges and increasingly exacting demands of consumer markets and so maximise returns to the industry and the economy in general.

Genetically Modified Organisms.

Liam Twomey

Question:

38 Dr. Twomey asked the Minister for Agriculture and Food the plans her Department has to evaluate the economic implications of the use of genetically modified organisms; and if she will make a statement on the matter. [17309/05]

Teagasc has an ongoing programme of research that is investigating the potential risks and benefits associated with the growing of GM crops in Ireland including, inter alia, the economic implications. Preliminary research completed to date indicates that the cultivation of certain crops with certain modifications may provide a financial incentive to the individual Irish farmer. While strands of this research parallel work completed in other countries it does not specifically address the costs associated with the co-existence of GM and non-GM crops.

The general conclusion of Danish and UK research on the economic impact of co-existence on farm profitability is that the costs of complying with the required thresholds for crops of maize, potatoes, cereals, oil seed rape and sugar beet vary from zero to 9% above the costs of growing conventional crops. However, it should be noted that costs described were based on estimates.

To establish greater clarity in the matter, as far as Irish conditions are concerned, I have asked Teagasc to explore the possibility of carrying out an evaluation of the possible national economic implications for the agri-food industry from the possible use of GMOs in crop and livestock production. Teagasc has now set up an internal working group of economists, agronomists and animal scientists to address this question in more detail and plans to publish the results of its analysis in due course.

Departmental Shareholdings.

Michael D. Higgins

Question:

39 Mr. M. Higgins asked the Minister for Agriculture and Food if, in her capacity as the holder of a golden share in a company (details supplied), she has received any indication from the company regarding its plans for the site of the Carlow plant which closed on 11 March 2005; and if she will make a statement on the matter. [17381/05]

As Minister I hold a special share in Greencore plc. That share has the same monetary value as any other share in the company but has conditions attached which prevent the company from engaging in a number of activities without the prior written consent of the Minister. In summary, the special share prevents the disposal of the controlling interest in Irish Sugar Ltd. or a certain percentage of the sugar assets and prevents a single shareholder or group of shareholders from gaining control of Greencore plc. I have not received any request from the company for consent to the sale of the Carlow site.

Single Payment Scheme.

Thomas P. Broughan

Question:

40 Mr. Broughan asked the Minister for Agriculture and Food the position regarding her discussions with farm organisations on a proposed system of penalty points for non-compliance with animal registration and identification regulations; and if she will make a statement on the matter. [17374/05]

In general, the rate of on-farm inspection required for cross compliance under the single payment scheme is 1% of those farmers to whom the relevant statutory management requirement or good agricultural and environmental conditions apply. However at least 5% of producers must be inspected under the animal identification and registration requirements, as this level is prescribed under the relevant regulations.

In addition to cross compliance checks, it is a requirement to carry out standard eligibility checks to verify that the actual area claimed in the single payment application form corresponds with the area held by the farmer and to ensure that there are no overlapping or duplication of parcels claimed. The EU directives and regulations referred to in cross compliance are in place for many years now. Producers are generally familiar with them and are complying with the standards set in implementing them in Ireland.

My Department prepared a consultative document on cross compliance in October 2004 and made it available on the Department's website for interested organisations in November 2004. Department officials met with the main farming organisations in December 2004 to discuss their submissions.

An information booklet on cross compliance has been issued to all farmers and it sets out the principal features of cross compliance both in terms of the standards that must be met by farmers and the control arrangements that will be necessary. To coincide with the issue of the booklet, a series of countrywide farmer information meetings organised by my Department, in conjunction with Teagasc, took place in early April. These meetings focused not only on cross compliance but also addressed the various other issues associated with the introduction of the single payment scheme.

In implementing the single payment scheme, I am aiming to minimise the number of inspection visits and to move towards a situation where, in most cases, all eligibility and cross compliance checks will be carried out during a single farm visit. It is envisaged that the 22,000 or so inspections which were carried under the old regime will be significantly reduced to some 10,000 under the single payment scheme. This approach should minimise the level of inconvenience to farmers.

The EU regulations governing the cross compliance sanctions system sets out a range of percentage reductions. For infringement of a legal standard a 3% reduction is proposed but this could be reduced to 1% or increased to 5% depending on the extent, severity and permanence of the infringement. If the non-compliance were repeated a multiplier of three must be applied. In the case of intentional infringement, a 20% reduction is proposed but this could be reduced to 15% or increased to 100% depending on the extent, severity and permanence of the infringement.

My Department has recently been engaged in intensive negotiations with the farming bodies on the implementation of cross compliance under the single payment scheme in the context of drawing up a new protocol on the delivery of all of my Department's schemes and services to farmers. My Department regards the following principles as being central to the implementation of inspection arrangements under the single payment scheme: procedures that are fair, equitable, proportional and transparent; a system that is standardised to the maximum extent possible across all areas of the country; the client's rights are protected.

To achieve these objectives it is necessary to put in place mechanisms that will take due account of whether any non-compliance found is on its own minor in nature, negligent or intentional. During the protocol negotiations my Department tabled a paper outlining its proposals, including a system of "weightings", to be applied for infringements of the statutory management requirements with due tolerances for minor infringements which, on their own, are regarded as inadvertent breaches capable of occurring in practical farm situations. The system became known as "the penalty points system". While there was initial reluctance to accept the Department's proposals it is premature to suggest that agreement cannot be reached. I do not intend to elaborate on the discussions which are now at a crucial stage.

Animal Feedstuffs.

Jim O'Keeffe

Question:

41 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the final conclusion to the reported importation of animal feed contaminated with traces of bone; and if she will make a statement on the matter. [17326/05]

There were two separate incidents, in the four week period from 18 October to 11 November 2004, in which traces of terrestrial animal bone were found in samples of imported feed material. The affected feed material and associated compound feed was subsequently impounded, recalled, where necessary, and detained by my Department.

The first incident refers to two consignments of sugar beet pulp, totalling around 4,160 tonnes, which were imported into Dundalk port from Germany, via Holland, on 18 and 22 October 2004. Testing carried out by the competent authorities in other member states discovered similar problems with imports of this particular material. Officials in my Department examined and accepted a proposal submitted by the importer to dispose of the contaminated material and associated compound feed.

In March of this year, the contaminated sugar beet pulp material was despatched under the supervision of Department officials to Holland for destruction by means of incineration at a power generation plant in that country. The dispatch of the associated compound feeding stuffs to Holland is scheduled to happen in the next few weeks and again it will be under the supervision of officials of my Department.

The second incident refers to a consignment of maize gluten, totalling around 6,515 tonnes, imported from the USA and part discharged at Foynes on 9 November and part in Ringaskiddy on 11 November. The original feed material and the associated compound feed has been recalled and is currently held in a number of secure stores in the country. The importer in this case sought a judicial review in the High Court of the powers used to issue the instructions to impound and recall the affected material. The judge ruled in favour of the importer. However, on the advice of senior counsel and considering the implications of the ruling for the current EU controls on processed animal proteins, my Department has lodged an appeal of the judgment with the Supreme Court and will ask its counsel to prepare papers which will hopefully result in a reference being made to the European Court of Justice on the interpretation of EU legislation and its effect.

Notwithstanding this, and without prejudice to liability, the importer has submitted a proposal to my Department for disposal of the contaminated material which involves the export of the material for incineration at a power generation plant. Officials of my Department have examined and accepted the proposal and it is anticipated that the export of the material will be carried out shortly under strict supervision.

Food Labelling.

Liz McManus

Question:

42 Ms McManus asked the Minister for Agriculture and Food when full labelling of beef will be implemented, as promised in November 2004; and if she will make a statement on the matter. [17386/05]

A specific comprehensive traceability and labelling system is in place for beef at retail level. It is also in place for beef up to the point of entry to the restaurant and catering sector. However, labelling is not obligatory at the point of consumption in the restaurant. With the joint aims of protecting consumer interests and to ensure that the consumer is properly informed as to the origin of beef served in this sector, it is my intention to proceed with a legal requirement that the country of origin must be displayed in respect of beef served on such premises once the legal options allowing for this development have been examined.

The Attorney General advised that new or amending primary legislation would be required to implement such rules. As the primary responsibility for food labelling in general rests with the Department of Health and Children, I have initiated correspondence on the matter with my colleague, the Tánaiste and Minister for Health and Children. Discussions are currently ongoing between officials of both our Departments with a view to progressing the required legislation as soon as possible.

Export Credit Refunds.

Olwyn Enright

Question:

43 Ms Enright asked the Minister for Agriculture and Food her Department’s position regarding the abolition of export credit refunds by the EU; and if she will make a statement on the matter. [17334/05]

The framework agreement for the next WTO round which was concluded in Geneva in August 2004 commits member countries to agree detailed rules, including an end date, for the parallel elimination of all forms of export subsides and for the introduction of disciplines on all export measures with equivalent effect. This agreement covers export refunds, export credits, the trade distorting practices of state trading enterprises and food aid not in conformity with disciplines to be introduced.

I am satisfied that this approach should ensure equal competition on the world market for all exporters. The full detailed implementation of the framework agreement is the subject of ongoing negotiations. It is hoped to conclude the negotiations on a new agreement at the WTO ministerial conference in Hong Kong in December 2005.

Proposed Legislation.

Bernard Allen

Question:

44 Mr. Allen asked the Minister for Agriculture and Food the plans she has to review the legislation covering the importation and sale of agri-chemicals; and if she will make a statement on the matter. [17301/05]

I have recently introduced the European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 2) Regulations 2005, S.I. No. 224 of 2005. Those regulations were introduced following a review of the existing legislation and served to streamline arrangements for the authorisation of plant protection products for minor uses. I expect, on the basis of an ongoing review being carried out in my Department of arrangements for regulating the distribution and use of plant protection products, that additional amending legislation will be introduced before the end of 2005 to further strengthen the regulatory system.

Officials of my Department take an active part in the ongoing review of EU legislation on the authorisation, distribution and use of plant protection products in the context of the updating of the existing regime and the development of the Commission's thematic strategy on sustainable use of plant protection products.

EU Directives.

Brian O'Shea

Question:

45 Mr. O’Shea asked the Minister for Agriculture and Food the position regarding her negotiations with the EU on the implementation of the EU nitrates directive; and if she will make a statement on the matter. [17391/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. In October last, Ireland submitted an action programme to the European Commission for further implementation of the nitrates directive. In December, the Commission conveyed its view that the action programme was not complete and did not comply with the requirements of the directive or with the judgment of the European Court of Justice against Ireland, which had been delivered in March 2004.

Subsequently, my Department worked closely with the Department of the Environment, Heritage and Local Government on the preparation of an initial response to the Commission. This response was sent on 20 April. A revised action programme, on which my Department has been consulted, is being finalised. Ireland has already submitted proposals for a derogation from the general limits laid down in the nitrates directive, designed to allow farmers to operate, under appropriate conditions and controls, up to a level of 250kg of organic nitrogen per hectare. They were developed by my Department and Teagasc in consultation with the Department of the Environment, Heritage and Local Government.

The Commission has stated that it will not consider the application for a derogation until the action programme is agreed and in place but I am hopeful for a favourable outcome.

Question No. 46 answered with QuestionNo. 33.

Sugar Beet Production.

Eamon Gilmore

Question:

47 Mr. Gilmore asked the Minister for Agriculture and Food the position regarding discussions within the EU on proposed reforms of the EU sugar regime; and if she will make a statement on the matter. [17379/05]

The EU Commission outlined its initial ideas for reform of the EU sugar regime in a communication to the Council and the European Parliament last July. The communication was the subject of technical discussions at Council working group level in Brussels and there was a policy debate at the Council of Agriculture Ministers meeting in November.

The European Commission's initial ideas for reform would, if adopted, have serious repercussions for sugar beet growing and processing in this country and I have made it clear in discussions in the Council of Ministers that they are unacceptable. Ireland is in a group of ten member states with shared concerns about the Commission's proposals in their current form and we made a joint ministerial submission to the Commission outlining these concerns.

The next step will be the publication of formal legislative proposals by the Commission which are expected to be published on 22 June. The recent ruling by the WTO appellate body will certainly add to the pressure for reform and there have been suggestions that when the reform proposals emerge they may be even more severe than originally anticipated. Therefore, we do not underestimate the scale of the challenge facing us when the reform proposals come before the Council of Ministers in the autumn. In the forthcoming negotiations on the reform proposals, my overall objective will be to ensure that the future shape of the EU sugar regime is consistent with the continuation of an efficient sugar beet growing and processing industry in this country.

Single Payment Scheme.

Trevor Sargent

Question:

48 Mr. Sargent asked the Minister for Agriculture and Food her views on whether the single farm payment entitlement based in the reference years 2000 to 2002 disadvantages farmers who receive lower payment due to extensive farming methods used, compared to an intensive farmer, and that organic farming should be a force majeure category to ensure that the new system is not in effect penalising the most environmentally friendly farmers. [17397/05]

Producers who chose to farm extensively during the reference years were entitled to apply for extensification premium. This premium was in addition to any premia received in respect of the special beef and suckler cow premium schemes. Producers who received the extensification premium during the reference years will continue to have this premium reflected in their single payment entitlements.

Producers who participate in organic farming have access to additional payments through the rural environment protection scheme. The circumstances surrounding organic farming are not considered to satisfy the force majeure criteria under the single payment scheme regulations.

Animal Diseases.

Brendan Howlin

Question:

49 Mr. Howlin asked the Minister for Agriculture and Food the steps being taken to establish the extent of possible MRSA type infections in animals; if she has satisfied herself that adequate steps are in place to prevent the spread of such infections; and if she will make a statement on the matter. [17382/05]

MRSA, or methicillin resistant staphylococcus aureus, is an antibiotic resistant bacterium, the presence of which in humans was noted over 35 years ago and which has been a feature of antibiotic resistance in human therapy since. During the last two years, the presence of the bacterium has been noted in dogs and horses. It is thought that the route of infection has been from pet owners and veterinary practitioners.

As I indicated in response to a Parliamentary Question on 5 May last, I am aware that Veterinary Ireland has earlier this year circulated its members advising them of the problem, of how to deal with cases and of procedures to be adopted to minimise risk of transmission in their practices. Veterinary Ireland has also asked practitioners to inform animal owners of the risks which can arise from contact with companion animals infected with the bacterium. I fully support this initiative.

In terms of co-ordinating a response at national level to this problem, given that this is primarily a human health issue, actions are being co-ordinated by the national disease surveillance centre. My Department's laboratories carry out antimicrobial surveillance testing on food animals as part of ongoing monitoring of antibiotic resistance trends in zoonotic bacteria in food producing animals. To date, there is no evidence that MRSA is an issue of concern in food animals in Ireland or, indeed, elsewhere.

Food Labelling.

Dan Neville

Question:

50 Mr. Neville asked the Minister for Agriculture and Food the action she intends to take to improve food labelling; and if she will make a statement on the matter. [17328/05]

The food labelling group, which was established in July 2002, presented its report in December 2002. Notwithstanding that food labelling is a particularly complicated and broad based area, substantial progress has been made to date in the implementation of the recommendations of the report. Nineteen of the 21 recommendations, many of which were beyond the remit of my Department and some of which were to be activated only after others had been completed, have been addressed. I am hopeful that the remaining two recommendations, which relate to aspects of origin labelling, can be implemented shortly.

The two main issues that emerged from the recommendations of the labelling group related to the need to centralise enforcement in one agency and the definition of origin. The position, in December 2002, regarding responsibility for food labelling was that the Department of Enterprise, Trade and Employment had policy responsibility for the main legislation for the labelling, presentation and advertising of foodstuffs, that is, the European Council Directive 2000/13/EC. The Director of Consumer Affairs was responsible for the enforcement of that directive.

The Department of Health and Children was responsible for policy on other food labelling legislation, such as nutrition claims and novel foods, with the Food Safety Authority of Ireland, FSAI, having responsibility for enforcement of the legislation. The Department of Communications, Marine and Natural Resources was responsible for the policy on labelling of fish and fish products, with the FSAI again responsible for enforcement. My Department was responsible for policy relating to legislation on the labelling of specific products ranging from beef, poultry and sugar to spirit drinks, coffee and fruit juices. The FSAI was responsible for the enforcement of the beef labelling regulations and the health boards operated the controls on the other products under the general aegis of my Department.

The position now, following implementation of the food labelling group recommendation, is that enforcement of all food labelling regulations has been centralised in the Food Safety Authority of Ireland, FSAI. This will not only streamline the enforcement measures but will also provide a one-stop shop for any complaints on mislabelling of food. As part of the centralisation of enforcement, the centralisation of food labelling policy, with the exception of fish, in both the Department of Health and Children and my Department was undertaken in accordance with another recommendation of the food labelling group.

There was full agreement within the food labelling group that consumers have a right to information on the origin of the meat they cook in their homes or eat out. While the group could not agree on how origin should be defined, there was unanimous agreement that further research was necessary to establish consumers' wishes in this area. The consumer liaison panel has carried out this research, the results of which were presented in December 2003.

I am determined, in so far as it is within the powers available to me, to meet the wishes of consumers, as identified in the research. Early in 2004, two regulations were introduced on the labelling of poultry meat. The first of these regulations requires poultry meat, loose and pre-packaged, originating in a country outside the EU to bear an indication of the country of origin when offered for sale in a retail premises. The second requires information regarding class, price per unit weight, condition and slaughterhouse details in respect of loose poultry meat, that is, non-prepackaged, to be provided to the consumer.

In addition, each sector is being reviewed on a commodity by commodity basis to identify any deficiencies, from a consumer viewpoint, in the labelling regulations for those commodities.

In the beef sector, EU beef labelling regulations, which are extremely comprehensive, do not currently require beef sold in the food service outlets to have country of origin displayed. The European Commission published a review of these regulations at the end of April 2004. The report does not favour the extension of these regulations to the catering sector. However, I believe that consumers, whether they are purchasing beef over the counter in butcher shops or supermarkets or opting for beef in restaurants and catering establishments, have the right to know the origin of the product and the labelling regulation should provide for this. It is my intention to proceed with a national legal requirement that country of origin must be displayed in respect of beef sold in such premises and outlets. The legal mechanisms to bring this into effect are under examination.

On the food labelling issue in general, my primary aim is to protect consumer interest and to ensure that the consumer is properly informed. Ireland is a major exporter of food and food products and, indeed, there are also considerable imports, so it is imperative that the same standards are applied to the labelling of foods in every sector and that there is a level playing field for the food industry at all levels. In this context, my Department has pursued assiduously the implementation, in as full a manner as possible, of the recommendations of the food labelling group.

At a meeting of the Council of Agriculture Ministers on 28 February this year I indicated my views on labelling of foodstuffs and I, along with a number of member states, asked the Commission to examine how best food labelling should be handled at EU level to best protect the interests of the consumer.

Beef Industry.

Olwyn Enright

Question:

51 Ms Enright asked the Minister for Agriculture and Food the discussions she has had with the EU Commission regarding the SBP overshoot; and if she will make a statement on the matter. [17294/05]

John Perry

Question:

66 Mr. Perry asked the Minister for Agriculture and Food the action she is taking to address the SBP overshoot; and if she will make a statement on the matter. [17293/05]

Jim O'Keeffe

Question:

85 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the action she is taking to reduce the impact of the SBP overshoot on farmers; and if she will make a statement on the matter. [17327/05]

I propose to take Questions Nos. 51, 66 and 85 together.

I am seeking a solution to the problem of the special beef premium overshoot and will continue to do so with the European Commissioner. I have already raised the issue with the Commissioner on a number of occasions. My Department has also forwarded a detailed submission to the European Commission dealing with this matter. I am urging that appropriate measures be taken to alleviate the difficulties encountered by beef farmers in Ireland, directly as a result of the ending of the special beef premium scheme in 2004.

Animal Feedstuffs.

Joe Costello

Question:

52 Mr. Costello asked the Minister for Agriculture and Food if procedures are in place for random testing of imported animal feeds in order that they do not contain the non-authorised genetically modified organism Bt10; and if she will make a statement on the matter. [17377/05]

Following the coming into force, on 21 April, of the EU Commission Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism "Bt10" in maize products, my Department has introduced a requirement that all imports of maize gluten feed and distillers dried grains originating from the USA be accompanied by an original analytical certificate to demonstrate that Bt10 maize is not present. My Department has also introduced a system whereby samples of these imports are randomly taken and sent to the State Laboratory for analysis to confirm the absence of Bt10.

The European Food Safety Authority has concluded that this incident does not constitute an immediate public health risk, a position fully endorsed by the Food Safety Authority of Ireland, FSAI.

Land Reclassification.

Paul McGrath

Question:

53 Mr. P. McGrath asked the Minister for Agriculture and Food the measures she intends to take to address the problems experienced by farmers in the Shannon callows, as a result of current proposals which do not allow them to split their lands for grant aid purposes between REPs funding and funding allocated under the SAC and SPA designation; and if she will make a statement on the matter. [17312/05]

The designation of land under the EU birds and habitats directives is a function of the Department of the Environment, Heritage and Local Government. The question of compensation for farmers in the Shannon callows area is a matter, in the first instance, for that Department and I understand that discussions on the matter with the farming bodies have been going on for some time and are not yet concluded.

As far as REPS is concerned, I have already introduced arrangements designed specifically to address the situation of farmers in the Shannon callows. Farmers in this area who wish to join REPS but believe that the REPS payments do not fully offset any income loss arising from the restrictions placed on their farming activities because of designation under the directives, may now also apply to the national parks and wildlife service of the Department of the Environment, Heritage and Local Government for additional compensation.

Before this arrangement was introduced in September 2004, they had to choose between REPS and the compensation arrangements operated by NPWS but could not benefit from both. Since farmers in the Shannon callows are thus provided with a means by which they are guaranteed full compensation, it is difficult to see how there could be justification for even more advantageous arrangements.

This further concession was additional to the inclusion of a new supplementary measure in REPS when REPS 3 was introduced in June 2004. Designated areas are already eligible for payments under REPS measure A of €242 per hectare for the first 40 hectares and lesser amounts for areas over 40 hectares and the new supplementary measure provides for an additional payment of €100 per hectare on particular sites in the callows which are important corncrake habitats. Those sites are monitored by BirdWatch Ireland and REPS farmers can qualify for the additional payment by subscribing to BirdWatch Ireland management prescriptions for them.

REPS is a highly successful agri-environment measure and is acknowledged as such by the European Commission. One of the features of REPS which the Commission has commended is the fact that the whole farm is subjected to the full range of basic undertakings. This model has served Irish farmers well since the introduction of REPS in 1994 and it is not my intention to depart from the whole farm approach to accommodate a situation which I believe I have already addressed adequately.

Sugar Beet Production.

Simon Coveney

Question:

54 Mr. Coveney asked the Minister for Agriculture and Food the position regarding the ownership of the Irish sugar quota; when she was informed of the decision to close the Carlow facility; and if she will make a statement on the matter. [17322/05]

Michael D. Higgins

Question:

68 Mr. M. Higgins asked the Minister for Agriculture and Food the position regarding the ownership of the Irish sugar quota; and if she will make a statement on the matter. [17380/05]

Phil Hogan

Question:

89 Mr. Hogan asked the Minister for Agriculture and Food the position regarding the ownership of the Irish Sugar quota; and if she will make a statement on the matter. [17324/05]

I propose to take Questions Nos. 54, 68 and 89 together.

Under the EU sugar regime, each member state has a quota for manufactured sugar. There is no quota for sugar beet nor is there a quota at farm level. The EU regulations stipulate that the quota must be made available to the sugar manufacturing enterprises in the member state. Accordingly, in Ireland the entire sugar quota is processed by Irish Sugar Ltd., which is the only sugar manufacturer in this country. Irish Sugar Ltd. places annual contracts with farmers to grow a specified tonnage of sugar beet sufficient to manufacture the sugar quota.

The question of ownership of the sugar quota has never been an issue in the past because the EU regulations do not provide for the buying and selling of quota. However, the status of the quota has become the subject of debate since the Commission raised the possibility of cross-border quota mobility in the context of the proposed reform of the EU sugar regime. Several member states, including Ireland, are strongly opposed to the idea of quota mobility but if it is maintained in the Commission's legislative proposals, due to be published on 22 June, then the Commission will propose appropriate rules to deal with the new situation. I have sought the advice of the Attorney General in that context but my objective will be to ensure that the status quo is maintained and that cross border mobility of quota is not allowed.

The decision by Greencore to close its plant in Carlow and to consolidate all its sugar manufacturing in Mallow was a commercial decision taken by the board on 12 January 2005. The company advised my Department two days in advance of the board meeting that a proposal concerning the future of its two processing plants and involving the likely closure of the Carlow plant would be put to the board for decision.

Live Exports.

Bernard Allen

Question:

55 Mr. Allen asked the Minister for Agriculture and Food the steps she will take to facilitate the live export of lambs to the UK and France; if she will address the current holding period restriction; and if she will make a statement on the matter. [17302/05]

John Perry

Question:

75 Mr. Perry asked the Minister for Agriculture and Food , further to Parliamentary Question No. 258 of 17 May 2005, the steps she will take to facilitate the live export of lambs; and if she will make a statement on the matter. [17316/05]

I propose to take Questions Nos. 55 and 75 together.

I am always prepared to facilitate trade in live sheep which, of course, must take place in accordance with EU rules governing such intra-Community trade. Trade in sheep between member states of the European Union is subject to the provisions of, inter alia, Council Directive 2003/50/EC which amends Council Directive 91/68/EEC, as regards reinforced controls on the movement of sheep and goats.

The controls provide as a minimum requirement, that breeding and fattening sheep must be certified as having been continuously resident on a holding for at least 30 days prior to export and that no sheep or goats had been introduced on to the holding in the 21 days prior to export. Slaughter sheep must also be certified as having been continuously resident on the holding of origin for at least 21 days prior to export and are also subject to a "standstill" period of 21 days prior to dispatch during which no sheep or goats have been introduced on to the holding of origin.

These controls were introduced in the aftermath of the foot and mouth outbreak in 2001 and came into effect on 1 July 2004. It is not possible to unilaterally change these rules.

Safety on Farms.

Thomas P. Broughan

Question:

56 Mr. Broughan asked the Minister for Agriculture and Food the steps being taken to address the serious problems of death and injuries through farm accidents; and if she will make a statement on the matter. [17375/05]

The Health and Safety Authority is the State authority charged with overall responsibility for the promotion and enforcement of workplace health and safety. The authority has a proactive inspection and enforcement programme, Programme of Work 2005, which focuses on high risk sectors, including agriculture, and aims to achieve an improvement in farm safety and an increase in the percentage of farms with safety statements.

I regard this issue as very important and I am committed to ensuring that the farming sector improves its safety record. During my term as Minister I intend to take a close interest in this area and give every encouragement to those who are committed to tackling what is a serious problem in Irish farming.

Genetically Modified Organisms.

Ciarán Cuffe

Question:

57 Mr. Cuffe asked the Minister for Agriculture and Food if she has studied the UK Royal Society results of genetically modified trials for winter oil seed rape showing that wildlife and the environment would suffer if the crop were grown in that country; and if she plans to ensure such crops are not grown here. [17401/05]

While I am aware of the final results of the farm scale evaluation trials carried out in Britain, which compared genetically modified winter oil seed rape against its conventional counterpart, I have not yet studied these results in detail. The interdepartmental/inter-agency working group, established to draw up a national strategy and best practices for the coexistence of GM crops with non-GM crops, is due to submit its report and recommendations shortly. The report will, inter alia, address what obligations might be placed on farmers who wish to cultivate GM crops in Ireland.

Cost of Farm Inputs.

Eamon Ryan

Question:

58 Mr. Eamon Ryan asked the Minister for Agriculture and Food if her attention has been drawn to concerns among farmers’ organisations regarding alarming increases in the cost of farm inputs, particularly in the dairy sector; and her plans to counteract this. [17410/05]

The Central Statistics Office measures the changes in agricultural inputs in the agricultural input price index, which it issues on a monthly basis. The costs of all agricultural inputs as measured by this index increased by 3.5% in the 12 months to February 2005, the latest figure available. Two of the major factors in the 3.5% increase to February 2005 were the rise of 15.1% in the cost of motor fuels and 10.2% in the cost of electricity. The comparable figure for 2004 was a fall of 8.3% in the cost of motor fuels, while electricity prices rose by 3.0%.

There is no doubt that the rise in the cost of fuel and energy prices is an issue for all parts of the agri-food sector, as it is for all other sectors of the economy. It underlines the need to use inputs in an efficient manner and to maintain and, where possible, improve productivity.

Afforestation Programme.

Olivia Mitchell

Question:

59 Ms O. Mitchell asked the Minister for Agriculture and Food the proposals her Department intends to pursue to develop the sector following the recent Bacon review of the forestry sector, particularly in reaching the planting target set out in the programme for Government in 2002; and if she will make a statement on the matter. [17313/05]

The review and appraisal of Ireland's forestry development strategy undertaken by Peter Bacon and Associates is a key element of a review of the sector. The proposals in the review are being considered in conjunction with the draft EU regulation on rural development policy, which proposes reductions in EU financial support for forestry. The Bacon report reaffirmed the need for an approved planting target of 20,000 hectares per annum but commented that a lesser planting target could be a viable basis for support, providing the planting is undertaken in a manner that maximises the non-timber benefits.

Given that EU funding of forestry currently accounts for up to 60% of public investment in the sector, proposals for the further development of the sector must await the final terms of the rural development regulation and consideration of the likely impact on Irish forestry. The current availability of grant aid at 100% for planting and the annual premiums, particularly the concession obtained in the stacking entitlements vis-à-vis the single payment scheme, make forestry a very attractive land use option for farmers.

For 2005, I have made sufficient funds available to support an increased planting programme of some 15,000 hectares, which is the maximum the sector could deliver at present. However, this is a demand driven scheme and the level of planting ultimately achieved this year will depend entirely on take up from the sector, in particular from farmers.

Genetically Modified Organisms.

Paul McGrath

Question:

60 Mr. P. McGrath asked the Minister for Agriculture and Food the plans she has to evaluate the economic implications of the use of GMOs; and if she will make a statement on the matter. [17325/05]

Teagasc has an ongoing programme of research that is investigating the potential risks and benefits associated with the growing of GM crops in Ireland including, inter alia, the economic implications. Preliminary research completed to date indicates that the cultivation of certain crops with certain modifications may provide a financial incentive to the individual Irish farmer. While strands of this research parallel work completed in other countries it does not specifically address the costs associated with the co-existence of GM and non-GM crops.

The general conclusion of Danish and UK research on the economic impact of co-existence on farm profitability is that the costs of complying with the required thresholds for crops of maize, potatoes, cereals, oil seed rape and sugar beet vary from zero to 9% above the costs of growing conventional crops. However, it should be noted that costs described were based on estimates.

To establish greater clarity in the matter, as far as Irish conditions are concerned, I have asked Teagasc to explore the possibility of carrying out an evaluation of the likely national economic implications for the agri-food industry from the use of GMOs in crop and livestock production. Teagasc has now set up an internal working group of economists, agronomists and animal scientists to address this question in more detail and plans to publish the results of its analysis in due course.

Disadvantaged Areas Scheme.

Shane McEntee

Question:

61 Mr. McEntee asked the Minister for Agriculture and Food the Irish negotiating position regarding the EU review of disadvantaged areas. [17318/05]

In reply to a similar question on 4 May, I indicated that the proposed redefinition of disadvantaged areas is one element of an EU Commission proposal on support for rural development in the 2007-2013 period. The proposed redefinition responds to the European Court of Auditors' criticism, endorsed by the European Parliament, of the current system. The suggested new methodology would be based on natural conditions, notably soil and climatic factors. The socioeconomic criteria that were taken into account to designate the current eligible areas would no longer apply.

The Commission has accepted that the suggested methodology presents difficulties for member states. However, a revised compromise text circulated by the Presidency on 27 April did not propose any changes to the original text in so far as the disadvantaged areas are concerned. At meetings of the Council of Ministers, I have emphasised that this is an extremely important and sensitive issue. Other member states have done likewise. I will continue to seek a solution that is equitable and in Ireland's interests.

EU Directives.

Joan Burton

Question:

62 Ms Burton asked the Minister for Agriculture and Food the EU directives for which her Department has responsibility that are yet to be implemented, in view of the target date for implementation in each case; and if she will make a statement on the matter. [17371/05]

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

Directives to be implemented by Department of Agriculture and Food: 13

Title of Directive

Date by which Directive is to be implemented

Commission Directive 2004/115/EC of 15 December 2004 amending Council Directive 90/642/EEC as regards the maximum levels for certain pesticide residues fixed therein. (OJL 374, 22/12/04, p64)

23 June 2005

Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii. (OJL 379, 24/12/04, p81)

30 June 2005

Council Directive 2004/117/EC of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries (OJL 14/01/05, p18)

1 October 2005

Directive 2004/28/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/82/EC on the Community code relating to veterinary medicinal products. (OJL 136, 30/04/04, p58)

30 October 2005

Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (OJL L139, 30/04/04, p321)

20 November 2005

Commission Directive 2005/34/EC of 17 May 2005 amending Council Directive 91/414/EEC to include etoxazole and tepraloxydim as active substances. (OJL 125, 18/05/05, p,5)

30 November 2005

Commission Directive 2005/13/EC of 21 February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural or forestry tractors (OJL L55, 01/03/05, p35)

31 December 2005

Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC (OJL 195, 02/06/04, p12)

1 January 2006

Commission Directive 2005/6/EC of 26 January 2005 amending Directive 71/250/EEC as regards reporting and interpretation of analytical results required under Directive 2002/32/EC (OJL 24, 27/01/05, p33)

16 February 2006

Commission Directive 2005/8/EC of 27 January 2005 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJL27, 29/01/05, p44)

16 February 2006

Commission Directive 2005/7/EC of 27 January 2005 amending Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding stuffs (OJ L27, 29/01/05, p41)

18 February 2006

Commission Directive 2004/97/EC of 27 September 2004 amending Commission Directive 2004/60/EC as regards time limits. (OJL 301, 28/09/04, p53)

28 February 2006

Council Directive 2005/24/EC of 14 March 2005 with regard to the use of ova and embryos and storage centres for semen from pure-bred breeding animals of the bovine species. (OJL 78, 24/03/05, p43)

24 March 2007

Fur Farming.

Paul Nicholas Gogarty

Question:

63 Mr. Gogarty asked the Minister for Agriculture and Food the regulations which she requires the managers of fur farms to follow; and the way in which such managers are accountable for the public nuisance caused by such activities, including the escape of mink. [17403/05]

Fur farming is a legitimate farming activity in this country and is permitted in most member states of the EU. It is, of course, subject to general and specific legislative requirements. At a general level, the welfare and protection of farmed animals is subject to the Protection of Animals kept for Farming Purposes Act 1984 and the European Communities (Protection of Animals kept for Farming Purposes) Regulations 2000. In addition, the Council of Europe has made recommendations regarding animals kept for fur farming. The 2000 regulations apply to many types of farming systems throughout the country, including cattle, sheep and pigs, as well as the animals kept on fur farms.

As regards specific measures, we have legislation in place relating to the licensing of mink farms in the Musk Rats Act 1933 and the Musk Rats Act 1933 (Application to Mink) Order 1965. Under the latter, the keeping of mink is prohibited except under licence from my Department. Licences, which must be renewed annually, are issued under this legislation only if the applicant, following an inspection, is found to be fully compliant with a number of key conditions.

The terms and conditions for obtaining a licence to operate a mink farm require that: mink shall be kept only at the premises specified in the licence; mink shall be kept in cages or other containers of such material and constructed in such a manner as to prevent their escape; buildings or parts of buildings used for the keeping of mink shall be constructed in such a manner or enclosed by such material as would, in the opinion of the authorised officer, prevent the escape of mink; the licence holder shall ensure that trees, shrubs and undergrowth are not growing or planted in such a position to the guard fence as would, in the opinion of the authorised officer, render the escape of mink possible; any drainage channels on such licensed premises shall be adequately guarded to prevent the escape of mink; licence holders must inform persons to whom they dispose of mink of the need for a licence to keep them; the Department must be informed if mink cease to be kept at any premises covered by this licence and of any change in ownership; authorised officers must be allowed to inspect the premises at all reasonable times; if any mink escape the Department must be informed at once; a licence is issued subject to compliance with all relevant legislation.

Failure to comply with all relevant legislation and, or, any of the conditions of a licence may result in the licence being revoked. In addition, in common with all agricultural enterprises, licensed farms must comply with the animal health and welfare requirements pertaining to their particular sphere of activity.

Licensed fur farms are inspected by the Department to assess compliance with the Council of Europe recommendations concerning fur animals and also Council Directive 98/58/EC on keeping of animals kept for farming purposes. These inspections have to date found that all the licensed fur farms in this country have been operating in compliance with current legislation. Inspections by the Department have also found that the slaughter methods employed by the licensed fur farms are permitted under the Sixth Schedule of the European Communities (Protection of Animals at Time of Slaughter) Regulations, 1995.

Environmental problems arising from wild mink or relating to escaped mink come within the remit of the national parks and wildlife service.

Decentralisation Programme.

Liz McManus

Question:

64 Ms McManus asked the Minister for Agriculture and Food, in regard to her reply to Parliamentary Question No. 111 of 4 May 2005 regarding her Department’s plans for decentralisation, if no staff will physically move from Dublin to Portlaoise if the positions will be filled by staff already in situ who have been freed up as a result of the introduction of the single payments scheme; and if she will make a statement on the matter. [17396/05]

My Department located 50 additional staff in Portlaoise as an initial step in decentralisation and to deal with work arising under the new single payment scheme. This brought the total number of staff in the office to over 200. Currently, work for another 60 staff is being transferred to Portlaoise and is being undertaken in the main by staff in that office who are being freed up as a result of the rationalisation of income support schemes. My Department aims to transfer work and a further 50 staff to Portlaoise by early 2006 in ongoing implementation of the Government decision on decentralisation.

Beef Industry.

Dan Neville

Question:

65 Mr. Neville asked the Minister for Agriculture and Food the action she is taking to address the SBP overshoot; if there is a legal entitlement to recoup an overshoot in the 21 month premium; the discussions she has had with the EU Commission regarding the issue; and if she will make a statement on the matter. [17292/05]

I am seeking a solution to the problem of the special beef premium overshoot and will continue to do so with the European Commissioner. I have already raised the issue with the Commissioner on a number of occasions. My Department has also forwarded a detailed submission to the European Commission dealing with this matter. I am urging that appropriate measures be taken to alleviate the difficulties encountered by beef farmers in Ireland, directly as a result of the ending of the special beef premium scheme in 2004. I will continue to press the EU Commission for an acceptable solution to this issue.

Each member state has a regional beef ceiling for bull/1st age premium animals and Ireland's regional ceiling for the 2004 special beef premium scheme was 1,077,458 animals. Under the provisions of Council Regulation (EC) No 1254/1999, where the quota is breached in respect of the bull/1st age category, the overshoot reduction must also be applied to the 2nd age category animals.

Question No. 66 answered with QuestionNo. 51.

Grant Payments.

Liam Twomey

Question:

67 Dr. Twomey asked the Minister for Agriculture and Food if deductions from farmers SFP will not exceed 3% when linear and other cuts are accounted for; and if she will make a statement on the matter. [17311/05]

European Council Regulation 1782/2003 governing the single payment scheme provides that each member state must set up a national reserve using between 1% and 3% of every individual farmer's entitlements. A single payment advisory group comprising representatives from the farming organisations, Teagasc and officials from my Department was set up to advise on the national reserve. Based on that group's recommendations a 3% provisional reduction for the national reserve is reflected in the certificates of provisional entitlements that have issued to some 140,000 farmers. My expectation is that any linear percentage reduction could be accommodated within the 3% provisional reduction.

The Council regulation also provides for a reduction for modulation of 3% in 2005 rising by a further 1% in each of the years 2006 and 2007. The 3% deduction for modulation has also been reflected in the provisional statements of entitlements. However, a refund of this money will be made in respect of the first €5,000 of the single payment in each case. It is estimated that 46% of Irish farmers will, in effect, not be subject to modulation at all.

Question No. 68 answered with QuestionNo. 54.

Farm Retirement Scheme.

Seymour Crawford

Question:

69 Mr. Crawford asked the Minister for Agriculture and Food if she will index link the early retirement pension; and if she will make a statement on the matter. [17307/05]

The rate of pension payable under the 1994 scheme of early retirement from farming is the maximum amount provided for by the EU Council regulation under which the scheme was introduced. The regulation does not provide for indexation of payments.

My Department's proposals for the current early retirement scheme, which commenced on 27 November 2000 and is one of the measures in the CAP rural development plan for the period 2000-06, included provision for annual increases in pension over the period of the plan. The European Commission rejected this proposal and insisted on legal grounds that a fixed rate be set instead.

Michael Noonan

Question:

70 Mr. Noonan asked the Minister for Agriculture and Food the assessment carried out by her Department regarding the implications of the single farm payment for the ERS; and if she will make a statement on the matter. [17305/05]

My Department has been aware, from an early stage in the negotiations leading to the introduction of the single payment scheme, of the possible implications for retired farmers who had leased their holdings. In so far as it has proved possible in the context of the EU regulations governing the single payment scheme and following lengthy discussions with the European Commission, provision has been made under the rules of the single payment scheme to address some of the concerns of retired farmers.

As participants in the 1994 scheme of early retirement from farming had retired before the start of the reference period in 2000, they are not in a position to claim entitlements under the single payment scheme. However, a concession agreed with the European Commission will allow family members who take over a holding that was leased to third parties during the reference period to have access to entitlements from the national reserve. This will benefit the family members of retired farmers who decide to take up farming.

Participants in the current early retirement scheme who would have farmed during part or all of the reference period can activate entitlements and lease them to their existing transferee. If the transferee does not want the entitlements, the transferor or retired farmer has until 2007 within which to lease or transfer the entitlements, with land, to another farmer.

Single Payment Scheme.

John Deasy

Question:

71 Mr. Deasy asked the Minister for Agriculture and Food her plans for the modulation fund; and if she will make a statement on the matter. [17306/05]

I will decide shortly on the use of modulated funds and will then seek the necessary EU approval. In 2006, the use of such funds is confined to the measures in the CAP rural development plan — agri-environment, early retirement, compensatory allowances and forestry — and the new initiatives introduced as part of the CAP mid-term review — food quality, animal welfare, farm advisory services and meeting standards. From 2007, the eligible measures will be those contained in the new rural development regulation which is currently under negotiation in the Council of Ministers.

My decision, which will aim to make the best possible use of the funds available, will be informed by the terms and conditions of the eligible measures and widespread consultation with stakeholders on this issue.

World Trade Negotiations.

Gay Mitchell

Question:

72 Mr. G. Mitchell asked the Minister for Agriculture and Food the discussions she has had with the European Commission regarding the next round of the WTO; and if she will make a statement on the matter. [17333/05]

I discussed the WTO agriculture negotiations and Irish concerns relating thereto at a bilateral meeting with the Commissioner for Agriculture and Rural Development on 20 December 2004. The Council of Agriculture Ministers, which reviews the situation on a regular basis, discussed the developments in the negotiations at its meetings on 14 March and 26 April 2005, both of which I attended.

EU Directives.

Pat Breen

Question:

73 Mr. P. Breen asked the Minister for Agriculture and Food the discussions she has had with the EU Commission and the Department of the Environment, Heritage and Local Government regarding a derogation under the nitrates directive; and if she will make a statement on the matter. [17315/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. In October last, Ireland submitted an action programme to the European Commission for further implementation of the nitrates directive. In December, the Commission conveyed its view that the action programme was not complete and did not comply with the requirements of the directive or with the judgment of the European Court of Justice against Ireland, which had been delivered in March 2004.

Subsequently, my Department worked closely with the Department of the Environment, Heritage and Local Government on the preparation of an initial response to the Commission. This response was sent on 20 April. A revised action programme, on which my Department has been consulted, is being finalised. Ireland has already submitted proposals for a derogation from the general limits laid down in the nitrates directive, designed to allow farmers to operate, under appropriate conditions and controls, up to a level of 250kg of organic nitrogen per hectare. They were developed by my Department and Teagasc in consultation with the Department of the Environment, Heritage and Local Government.

The Commission has stated that it will not consider the application for a derogation until the action programme is agreed and in place but I am hopeful for a favourable outcome.

Departmental Bodies.

Richard Bruton

Question:

74 Mr. Bruton asked the Minister for Agriculture and Food the plans she has to develop the Teagasc service provided to farmers; and if she will make a statement on the matter. [17321/05]

Teagasc, the Agriculture and Food Development Authority, was established under the Agriculture (Research, Training and Advice) Act 1988. Its function under the Act is to provide research, training and advisory services for the agri-food sector. Teagasc is governed by an 11 member authority. The chairman and five ordinary members are appointed by the Minister and the remaining five members are appointed by the Minister following nominations from designated organisations — IFA, ICMSA, ICOS, Macra na Feirme and Teagasc unions.

Teagasc has approximately 1,300 permanent staff, comprising advisers, teachers and research scientists, with appropriate supporting services. These are complemented by 250 contract staff, as well as teaching staff in the private agricultural and horticultural colleges. Teagasc staff carry out their functions from more than 90 locations.

Teagasc's operating budget for 2005 amounts to over €155 million. Advisory services make up the biggest budget item, 35% of expenditure, followed by production research, 32%, training programmes, 19%, and food research, 13%. My Department's provision to Teagasc for capital and non-capital purposes in 2005 amounts to €123 million. The amount for non-capital purposes is €118.5 million and for capital development purposes the allocation is €4.5 million. By any standards these are substantial resources and are a clear indication of the Government's continuing commitment to supporting Teagasc activities.

It is the responsibility of the Teagasc authority to prioritise activities and to allocate its funding accordingly. This it has done over the years in accordance with the needs of clients, EU and Government policy and industry needs. I am satisfied that in doing so it has provided a first class service to Irish farmers.

In the short term, Teagasc will have to reconfigure its programmes in response to the fundamental changes in agriculture arising out of the new CAP support framework. The authority is, however, already well accustomed to tailoring its programmes to meet the changing requirements of the agri-food sector. Its annual programme of activities is developed in consultation with the key stakeholders in the sector, many of whom are represented on the authority. Recently it has undertaken more strategic planning initiatives, the Teagasc 2000 review and the three year strategy required under the strategic management initiative. A new review of its training and education programmes is under way.

I am satisfied that Teagasc is well placed to face the future and to continue to provide the innovation and technology transfer for the sustainable development of agriculture, the food industry and rural communities in the years ahead.

Question No. 75 answered with QuestionNo. 55.

Grant Payments.

Jimmy Deenihan

Question:

76 Mr. Deenihan asked the Minister for Agriculture and Food the discussions she has had with the EU Commission to index link the single farm payment; if she intends to make the payment in two instalments; and if she will make a statement on the matter. [17310/05]

The agreement on the mid-term review of Agenda 2000 reached at the Council of Agricultural Ministers on 26 June 2003 provided a financial envelope to each member state. The envelope of money granted to each member state under the EU regulations represents the average number of animals paid under the livestock premia schemes and the area paid under the arable aid scheme during the three year reference period 2000 to 2002 calculated at the 2002 rates of payment.

The outcome of the agreement, which will reshape the Common Agriculture Policy and secure its future in making it more relevant to modern society and more defensible in a WTO context, was a balanced one which addressed Ireland's principal objectives. Among these objectives was the preservation of the financial benefits achieved under the Agenda 2000 agreement and the establishment of a policy framework that will allow farmers and the agri-sector the flexibility to adapt to evolving consumer and market demands and international circumstances.

Index linking of the single payment scheme was not an element of the Commission's proposals. There was, however, a proposal to provide for a reduction of up to 13% in the single payment, known as digression, to meet future financing needs. I believe one of the major achievements in the negotiations was the removal of this proposal. The removal of this provision meant a saving of some €420 million for Ireland over the lifetime of the agreement. The compromise agreed was to allow the Council to review, from 2007 onwards, the financial situation annually if budget deficits arise.

Food Industry.

Mary Upton

Question:

77 Dr. Upton asked the Minister for Agriculture and Food the action she intends to take arising from the publication of the report of the task force on obesity; if it is intended to implement the recommendations of the report in so far as they relate to her Department’s areas of responsibilities; and if she will make a statement on the matter. [17367/05]

The report of the national task force on obesity directs two specific recommendations to my Department. These are: the Department of Agriculture and Food should review policies in partnership with other Government Departments to promote access to healthy food — such policies should encompass positive discrimination in the provision of grants and funding to local industry in favour of healthy products; the Department, together with the Department of Health and Children, should promote the implementation of evidence based healthy eating interventions.

Obesity is, I believe, an immensely important issue for the future health of our society. It demands a multi-faceted response, including a proactive approach by the food industry. In regard to the first recommendation, as I have indicated previously in response to parliamentary questions, subsidising prices is a form of state aid that is not permissible under EU state aid rules. Positive discrimination between products could also result in a challenge on competition grounds at national or EU level. I will, however, examine all the possibilities open to me in this area within legal constraints, including state aid rules.

As regards the second recommendation, the recently publicised scientific study on children's diet, carried out by Irish Universities Nutrition Alliance under the sponsorship of my Department's FIRM programme and the FSAI, also bears out the rising prevalence of obesity among the younger population. This is the first comprehensive scientific evaluation of dietary intake in children in Ireland and provides direction for the dietary strategies that need to be established to prevent obesity in Irish children. Inadequate consumption of milk, fresh meat and fruit and vegetables were identified in the study. I believe the Irish food industry is well positioned to supply and promote products to remedy this dietary deficiency. Bord Bia, through my Department, has already sought European Commission approval for co-funding the promotion of fruit and vegetables and I will continue to be supportive of initiatives of this kind.

Alternative Energy Projects.

Jan O'Sullivan

Question:

78 Ms O’Sullivan asked the Minister for Agriculture and Food the discussions she has had with other Departments and State agencies with a view to meeting the EU biofuels directive requiring Ireland to replace 2% of petrol and diesel with renewable fuels by the end of 2005; and if she will make a statement on the matter. [17395/05]

Trevor Sargent

Question:

91 Mr. Sargent asked the Minister for Agriculture and Food the progress and opportunities now in place or planned for farmers and all involved in developing the biofuel and biomass sector. [17398/05]

I propose to take Questions Nos. 78 and 91 together.

Promotion and development of renewable energy in Ireland are matters in the first instance for the Minister for Communications, Marine and Natural Resources. My Department is represented on the bioenergy strategy group established by the Department of Communications, Marine and Natural resources to consider policy options and support mechanisms available to Government to stimulate increased use of biomass for energy conversion and to make specific recommendations for action to increase the proportion of energy from biomass in Ireland.

In addition, an interdepartmental group chaired by the Department of Communications, Marine and Natural Resources is considering policy options for the development of a biofuels sector in Ireland. My Department is represented on that group. As part of the group's work, a liquid biofuels strategy study was published by Sustainable Energy Ireland, SEI, in December 2004. This report provides comprehensive details on the potential for the development of a biofuels market in Ireland and options to stimulate the market.

The possibility of producing bioethanol from sugar beet was mooted recently in the context of the closure of the Carlow sugar factory but Irish Sugar Ltd. has indicated that it intends to process the full Irish sugar quota at its Mallow plant, which will be upgraded. Arrangements are being made to transport the sugar beet from the Carlow catchment area to Mallow.

Under the single payment scheme operated by my Department aid is available at a rate of €45 per hectare per year for areas sown with energy crops. The aid is granted in respect of areas where production is covered by a contract between the farmer and a processor, except in the case of processing undertaken by the farmer on his holding. Agricultural raw materials, with the exception of sugar beet, may be grown under the energy crops scheme provided the crops are intended primarily for use in the production of products considered to be biofuels and for electric and thermal energy produced from biomass.

A maximum guaranteed area of 1.5 million hectares for which aid for energy crops can be granted has been established in the European Union. According to figures provided by the EU Commission, in excess of 303,000 hectares were sown with energy crops in 2004, of which 439 hectares were Irish. From 1 January 2005, farmers may claim the energy crop payment in addition to their entitlement under the single farm payment. In addition to this scheme, set aside land can be used for a variety of non-food uses, including growing of crops for energy purposes, and will, therefore, qualify to activate set aside entitlements under the single payment scheme.

The energy crops scheme and a number of other areas such as wood biomass are being considered by my Department to determine how their bioenergy potential can be promoted.

Grant Payments.

Jimmy Deenihan

Question:

79 Mr. Deenihan asked the Minister for Agriculture and Food if she will increase the level of grant aid available to farmers under the SFP scheme; and if she will make a statement on the matter. [17336/05]

The level of funding available to each member state under the single payment scheme has already been agreed under European Council Regulation 1782/2003. The amount available to Ireland in 2005, including the dairy premium, is €1.260 billion and this will increase to €1.322 billion as and from 2006 onwards. The envelope of money granted to each member state under the EU regulations represents the average number of animals paid under the livestock premia schemes and the area paid under the arable aid scheme during the three year reference period 2000 to 2002 calculated at the 2002 rates of payment.

Increasing or index linking the level of aid available to each member state was not an element of the European Commission's proposals for the mid-term review of Agenda 2000. There was, however, a proposal to provide for a reduction of up to 13% in the single payment, known as digression, to meet future financing needs. I believe one of the major achievements in the negotiations was the removal of this proposal, which meant a saving of some €420 million for Ireland over the lifetime of the agreement. The compromise agreed was to allow the Council to review, from 2007 onwards, the financial situation annually if budget deficits arise.

Farm Household Incomes.

Bernard J. Durkan

Question:

80 Mr. Durkan asked the Minister for Agriculture and Food the extent to which she is assured of the viability of the agri-sector in the future with particular reference to family farm income; and if she will make a statement on the matter. [17405/05]

As part of the agri-vision 2015 committee's report, an analysis of current and future farm viability levels was undertaken by FAPRI-Ireland. It defined viability using two criteria — where a farm has the capacity to remunerate family labour at the average agricultural wage and the capacity to provide an additional 5% return on non-land assets. Using these criteria, 28% of the 136,000 farms in 2002 were classified as economically viable. FAPRI-Ireland said that if past trends and policy prior to decoupling were continued to 2015, the number of viable farms would fall to 30,000 out of a total of 105,000 farms.

However, when changes such as decoupling, improved demography and a favourable macro-economic environment are taken into consideration, the composition of the 105,000 farms projected for 2015 alters, with a greater number of viable farms being projected for the future. FAPRI's projections indicated an increase to 40,000 viable farms or 38% of farms in 2015. It largely attributed this improvement to the greater economic choices provided to farmers by decoupling. This greater range of choice, FAPRI-Ireland predicts, should lead to an improvement in farm incomes and also allow more farmers the option of supplementing their income from off-farm employment.

Horticulture Sector.

Ciarán Cuffe

Question:

81 Mr. Cuffe asked the Minister for Agriculture and Food the number of inspectors which are to be involved in the checks on potato growers to ensure that only certified seed or home certified basic seed has been planted. [17402/05]

There are 18 potato inspectors and four district superintendents — supervisors — involved in potato certification activities, including the carrying out of checks to ensure that only certified seed or home certified basic seed has been planted.

Veterinary Medicines.

Brendan Howlin

Question:

82 Mr. Howlin asked the Minister for Agriculture and Food if her attention has been drawn to concerns expressed that proposed new EU regulations on animal medicines (details supplied) will lead to significant additional costs for farmers; when it is intended to make the required amendments to the animal remedies regulations; if she intends to designate pharmacists as suitably qualified professionals for prescribing purposes; and if she will make a statement on the matter. [17383/05]

Denis Naughten

Question:

86 Mr. Naughten asked the Minister for Agriculture and Food when she intends to introduce the regulations covering POMs of animal remedies; and if she will make a statement on the matter. [17296/05]

Paul Connaughton

Question:

98 Mr. Connaughton asked the Minister for Agriculture and Food her plans for the introduction of regulations covering animal remedy POMs; and if she will make a statement on the matter. [17297/05]

I propose to take Questions Nos. 82, 86 and 98 together.

My Department is currently engaged in drafting legislation to transpose EU Directive 2004/28, which is the new framework legislation governing the veterinary medicines regime across Europe. The deadline for transposition is 30 October 2005.

The EU legislation includes a general provision that all veterinary medicines for food producing animals should be brought under veterinary prescription control. Arising from difficulties expressed during the negotiations of the EU measure by Ireland and a small number of other member states, an exemption clause was included in the directive which provides a mechanism for specific categories of medicines to be excluded from the mandatory prescription requirement. Decisions at EU level on exemptions are required to be taken by 1 January 2007, pending which existing national distribution arrangements may remain in place.

I am aware of the concerns which have been expressed here in Ireland about the potential cost implications for farmers of restricting all medicines to veterinary prescription control. However, final decisions have yet to be taken and Ireland's approach to the exemption mechanism is to try to keep certain medicines, including certain vaccines, available off prescription. In the interim, farmers will continue to be able to get these products without having to obtain a prescription and, given this situation, the need to extend the range of prescribers to include, for example, pharmacists does not arise.

Horse Breeding.

Kathleen Lynch

Question:

83 Ms Lynch asked the Minister for Agriculture and Food if her attention has been drawn to concerns expressed at the recent Teagasc national breeding conference that Ireland’s traditional workhorse, the Irish draught, is in danger of becoming extinct; if she will take steps to ensure the continuation of this breed; and if she will make a statement on the matter. [17384/05]

I am aware that the Irish draught is an endangered breed of horse. My Department, in the context of co-ordinating and promoting the conservation and utilisation of genetic resources for food and agriculture, has funded four projects on the Irish Draught horse in recent years.

In 2000, the department of animal science in UCD was funded to carry out a project, entitled The characterisation of the Irish Draught Horse population in Ireland, which involved a description of the breed demographically and genetically. The results from the project provided much beneficial information regarding the Irish draught horse population, which is essential in trying to develop a conservation strategy for the breed.

In 2003, UCD was funded to carry out further analyses on the Irish draught horse population, which involved characterisation at a molecular level. The results of this analysis will be available in mid-2005.

In 2004, funding was provided to the Irish Cattle Breeding Federation, ICBF, for a project which involved the identification of least related stallions in the population to provide mating advice to breeders to help increase genetic diversity within the breed. The results of this project will be available to breeders in October 2005.

This year, funding has been provided to the Royal Dublin Society, in co-operation with ICBF, to collect semen from rare lines of Irish draught horses and to carry out an education and awareness campaign on the results from the mating advice project carried out by ICBF.

My Department also provides funding to the Irish Horse Board, which operates a scheme to encourage the pure breeding of Irish draught horses. In 2004, a grant of €250 was paid to breeders who registered purebred progeny of Irish draught mares. In addition, the board assists the draught horse society with administrative and promotional costs. I understand that the board is currently in discussions with the Irish Draught Horse Society with a view to further increasing financial support for the breed in the future.

Finally, under the REPS programme operated by my Department there is a supplementary measure for the conservation of rare farm animal breeds. Supplementary measure 3 recognises that local animal breeds play a significant role in maintaining the rural environment and represent a significant element of the cultural heritage of farming in Ireland. The objective of this supplementary measure is to encourage farmers to rear animals of specific breeds traditional to Ireland, that are in danger of being lost to farming. An annual payment of €200 per livestock unit is payable, subject to certain conditions. The Irish draught horse is supported under this measure.

Animal Diseases.

Breeda Moynihan-Cronin

Question:

84 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food the number of cases of BSE in cattle discovered in 2004 and 2005 to date; the way in which this compares with recent years; the number of such cases which were discovered in animals born after the imposition of the ban on meat and bone meal; if she has information regarding the reason so many cases in such animals are still being discovered; and if she will make a statement on the matter. [17389/05]

In 2004, 126 cases of BSE were confirmed compared with 182 in 2003 and 333 in 2002. There have been 27 cases to date in 2005, which represents a decrease of 57% on the number of cases, 63, discovered in the same period in 2004. The vast majority of these cases were in animals born prior to the introduction here of the additional controls in 1996 and 1997. The age profile of BSE cases as well as the reduction in case numbers indicates that the additional controls have been effective in significantly reducing the exposure of animals born after 1997 to the infectious agent. It is expected that the incidence of disease will continue to decline as cows born prior to 1998 leave the system.

Investigations are carried out into the feeding regimes of all herds in which BSE is identified and, in particular, in herds in which cases born after the feed controls were re-enforced are confirmed.

In the context of the overall picture, the diagnosis of BSE in a small number of animals born after 1997 was not unexpected and reflects what has happened elsewhere. To date, 12 animals born after 1997 — four 1998 born animals, seven 1999 born animals and one 2001 born animal — have been diagnosed with BSE. In addition, ten cases were confirmed in 1997 born animals but some of these were born before all the re-enforced measures were fully in place.

My Department had foreseen the likelihood that individual cases would from time to time arise which may relate to circumstances specific to the farms in question and which do not conform with the general trend as the incidence of the disease in the national herd recedes. There is, however, no basis for suspecting that these cases are indicative of either a systemic failure in controls or of a reversal of or deviation from the overall positive trend with BSE in Ireland.

Question No. 85 answered with QuestionNo. 51.
Question No. 86 answered with QuestionNo. 82.

Billy Timmins

Question:

87 Mr. Timmins asked the Minister for Agriculture and Food the conclusions of the meeting with the author of a report (details supplied); her plans to implement the recommendations of the report; and if she will make a statement on the matter. [17317/05]

A group under the chairmanship of Dr. Crosby carried out a technical examination of costs arising following restocking with a particular category of sheep in the case of flockowners where the depopulations occurred during the initial scrapie depopulation regime. In total, some 100 flocks were depopulated under this phase and restocking was not permitted for a period of two years. Flockowners received compensation for the capital value of the sheep and for income loss for that period. In addition, those who restocked in the third year also received compensation for income loss for that year.

The terms of the agreement and amounts of compensation and income loss involved were clearly understood and accepted by all concerned at the time of depopulation. This agreement did not contain any commitment to pay further compensation in respect of later years. While my Department did agree to the setting up of a technical group to examine the costs arising following restocking, it did not give any undertaking regarding the findings of the group.

World Trade Negotiations.

Joe Costello

Question:

88 Mr. Costello asked the Minister for Agriculture and Food her priorities for the current round of world trade talks and the summit due in Hong Kong later in 2005; and if she will make a statement on the matter. [17376/05]

Following intensive negotiations, agreement was reached in Geneva in August 2004 on a framework setting out the general outline and content of the new World Trade Organisation, WTO, agreement. The detailed implementation of this framework is the subject of ongoing negotiation at technical and political level, with the aim of concluding at the WTO ministerial conference in Hong Kong in December 2005.

I am satisfied that the framework agreement secured the benefits to Irish farmers of the mid-term review of the Common Agricultural Policy and represents a satisfactory outcome from Ireland's point of view. My priorities for the further negotiations are to ensure that: the phasing out of all forms of export subsidies will be applied in parallel, as provided for under the framework agreement, and that the phasing out period will be as long as possible; Ireland's agricultural exports will remain competitive in the EU market as a result of the level of tariff protection that will apply on imports from third countries. My over-riding objective will be to ensure that the terms of a new agreement can be accommodated without the need for further reform of the Common Agricultural Policy.

Question No. 89 answered with QuestionNo. 54.

Grant Payments.

Mary Upton

Question:

90 Dr. Upton asked the Minister for Agriculture and Food the total number of applications received by the 16 May 2005 deadline under the new single payment scheme; the proportion of farmer numbers this represents; the position regarding farmers who have missed the deadline; and if she will make a statement on the matter. [17366/05]

By the deadline for the receipt of single payment application forms on 16 May my Department estimates that applicants under this scheme had submitted some 142,000 applications. I initiated a major publicity campaign at national and local level to make farmers aware of the deadline for the receipt of applications. In addition, to facilitate farmers in the completion and submission of their application forms, I established a dedicated helpline and arranged to have the Department's offices around the country open during both weekends prior to the deadline and up to midnight on Monday 16 May. In view of the number of applications received, I am satisfied that the vast majority of farmers submitted their single payment application forms prior to the deadline.

However, farmers who did not submit an application by the deadline, may continue to lodge application forms, subject to a 4% per working day late application penalty, at any office of my Department or use the swift-post envelope to forward it to the single payment unit in Portlaoise by 10 June. I urge farmers who have not yet lodged their application forms to do so immediately at any office of the Department as any farmer who does not submit an application by 10 June will lose their single payment entitlements forever.

If farmers have a query about the application form or any aspect of the single payment scheme, assistance continues to be available from the Department on Lo-call number 1890 200 566.

Question No. 91 answered with QuestionNo. 78.

Simon Coveney

Question:

92 Mr. Coveney asked the Minister for Agriculture and Food her position regarding the proposed cut by the EU on grant aid for forestry; and if she will make a statement on the matter. [17323/05]

The issues here relate to the forestry elements contained in the draft rural development regulation 2007-2013, first published by the European Commission in July 2004 and which is the subject of ongoing negotiations in the Council of Ministers.

Throughout the negotiations so far, the Irish position on the draft regulation in general, including on the specific aspects related to forestry, has been clear. On these forestry aspects I have pointed to the negative impacts that the proposals would have on the sector, particularly those relating to reduced establishment grants, premia and associated premium payments periods. Negotiations on the Commission proposals are continuing within the Agriculture Council and, as they progress, I will press for the best possible outcome for Ireland on the package as a whole, including a satisfactory outcome on forestry issues.

Food Industry.

Richard Bruton

Question:

93 Mr. Bruton asked the Minister for Agriculture and Food the number of meetings of the Food Agency Co-Operation Council in 2004; and if she will make a statement on the matter. [17320/05]

The Food Agency Co-operation Council was established in 2000 under the aegis of my Department to promote the fullest practical co-operation between the State agencies involved in the food industry, in the interests of the optimum development of the industry. The council has an independent chairman, Mr. Padraic White. The inaugural meeting of the council took place in March 2000 and it has met on 20 occasions since its inception. The council did not meet in 2004 as a number of factors contributed to the difficulties in re-scheduling meetings that year.

The council has played a significant role in increasing co-operation, at formal and informal level, between the State agencies involved in the food industry and has led to a number of memorandums of understanding being agreed between agencies. The council has also produced a number of publications, which have been well received by the industry. In 2001, the council was instrumental in drawing up an agreed human resource development programme for the food processing industry and also produced the publication "Market Trends — Implications for Suppliers and State Agency Initiatives".

In December 2002, the council's publication "A National Food Incident Management Plan" was launched. The "Market Led New Product Development Guide", launched in April 2003, provides guidance to food and drink companies on new product development best practice and this has since been promulgated to county enterprise boards.

During 2004 the food development agencies directly concerned with the food programme components of the National Development Plan 2000-2006 met twice with my Department to assess progress on the plan in preparation for meetings of the monitoring committee for the programmes concerned. My Department is currently considering the future work of the council, having regard inter alia to the recommendations of the enterprise strategy report, the 2015 agri-vision report and work on the national strategic implementation plan to achieve the goals set out in the Government’s research and development action plan, Building Ireland’s Knowledge Economy.

Farm Retirement Scheme.

Joe Sherlock

Question:

94 Mr. Sherlock asked the Minister for Agriculture and Food the progress she has made on the implementation of the report by the Joint Committee on Agriculture and Food on the early retirement scheme; and if she will make a statement on the matter. [17387/05]

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

Plant Protection Products.

Damien English

Question:

95 Mr. English asked the Minister for Agriculture and Food the measures which the pesticide control service of her Department is taking to restrict the illegal importation and sale of agri-chemicals; the plans she has to review the legislation; and if she will make a statement on the matter. [17298/05]

The Deputy will be aware that it is an offence, punishable at the discretion of the courts by imprisonment for a term of six months, or a fine not exceeding €3,000 or both, to import, place on the market or use a plant protection product that has not been registered. The regulatory system is designed to ensure a high level of protection for man, animals and the environment.

Products included on the register are made available to end users by a large number of distributors. Nevertheless distributors and farmers are free to source products from elsewhere provided that the products are registered in Ireland and subject to obtaining approval in each instance from my Department for their importation. The approval process for parallel imports involves simple checks to ensure that products to be imported are the same as those registered for use in Ireland and are appropriately labelled.

The enforcement programme undertaken involves routine and targeted inspections at the premises of wholesale and retail distributors and end users. Recent reports of illegal importation of plant protection products are being investigated. Illegal products found are seized and subject to destruction at owners expense. There were two instances last year.

I expect, on the basis of an ongoing review being carried out in my Department of arrangements for regulating the distribution and use of plant protection products, that additional amending legislation will be introduced before the end of 2005 to further strengthen the regulatory system.

Food Industry.

Pat Breen

Question:

96 Mr. P. Breen asked the Minister for Agriculture and Food the plans she has to develop the marketing potential of Bord Bia; and if she will make a statement on the matter. [17314/05]

As I stated in my recent reply of 4 May, Bord Bia has undertaken an independent strategic review of its future direction and I anticipate that a report will be submitted to me shortly. Bord Bia is widely acknowledged as an effective market development and promotion agency for the Irish food industry. It is close to the market as initiatives such as Marketplace Ireland 2004 demonstrate. I believe the review is timely in view of the rapid pace of change in consumer requirements, the highly competitive international trading environment and retail consolidation. It will facilitate Bord Bia in continuing to deliver effective and innovative marketing and promotion services for Irish food and horticulture produce.

Farming Population.

Joan Burton

Question:

97 Ms Burton asked the Minister for Agriculture and Food the number of farmers who have left full-time farming since 1997; her views on the fall in the number of full-time farmers; the steps she is taking to deal with the drift from the land; and if she will make a statement on the matter. [17369/05]

The most recent figures available from the CSO show that there were 77,900 full-time farmers — as defined by the CSO — in 2003, a drop of 20,400 since 1997. Over the same period the number of part-time farmers increased by 7,900 to 57,200. The agri vision 2015 committee indicated in its report that the trend to part-time farming — using a somewhat different definition than the CSO — will continue.

The ongoing trend towards part-time farming reflects a combination of factors including the increased availability of off-farm employment. Many smaller farmers are finding that combining farming with off-farm employment is an effective way to ensure their viability on the land. At the same time, full-time farmers are looking to the new flexibility offered to them under decoupling to develop and intensify their commercial farm enterprises.

Question No. 98 answered with QuestionNo. 82.

Milk Prices.

David Stanton

Question:

99 Mr. Stanton asked the Minister for Agriculture and Food the communication she has had with the European Commission regarding current and future milk prices; the action she has taken or intends to take; and if she will make a statement on the matter. [17392/05]

I have made the EU Commissioner for Agriculture, Food and Rural Development fully aware of the impact that changes in market management supports and export refunds play in the overall development of the EU dairy industry and, in particular, their impact on the Irish dairy industry.

Milk price is determined by a number of factors including the international market for dairy products, the type of products being produced, their market destinations, the efficiency of production and processing and the overall operation of the EU support mechanisms.

On the particular issue of milk prices, this is in the first instance a business matter between milk producers and purchasers. Producer prices for milk in Ireland have remained stable for the past number of years despite reductions in intervention prices for butter and skim milk powder. These reductions in institutional support prices have resulted in farmers being compensated in 2004 to an amount of €60 million. Further compensation amounting to €120 million will be paid this year as part of the single farm payment introduced as a result of the Luxembourg agreement on the reform of the CAP.

On market supports generally I have been opposed to the general trend towards reduced support for market aids, including casein aid and export refunds. I have consistently argued in favour of operating market support policy at Community level with the aim of ensuring stability across the milk sector so that EU exports remain competitive on international markets. I will maintain pressure on the Commission at every level to ensure that the situation is kept under close review, that the market requirements are accurately assessed and that the policy response is dictated by the needs of the market situation.

Poultry Industry.

Eamon Gilmore

Question:

100 Mr. Gilmore asked the Minister for Agriculture and Food if she has satisfied herself that adequate procedures are in place to protect against the spread of avian flu here especially in view of the recent warning from the Food and Agriculture Organisation that the virus causing bird flu may be impossible to eradicate; and if she will make a statement on the matter. [17378/05]

Avian influenza is a serious, highly contagious viral disease of poultry, which can also spread to other animals and occasionally to human beings.

EU legislation to control avian influenza is laid down in Directive 92/40/EEC. In brief, this directive requires that all suspected cases of avian influenza must be investigated and appropriate measures taken in case of confirmation of highly pathogenic avian influenza, HPAI. To limit the spread, infected poultry must be killed in a humane way and disposed of safely. Feeding stuffs, contaminated equipment and manure must be destroyed or treated to inactivate the virus.

The EU has enacted legislation placing an embargo on imports of poultry and certain poultry products from the affected Asian countries — Commission Decision 2004/122/EC — and also suspended the import of pet birds from South East Asia — Commission Decision 2004/93/EC. Further bans are in place for Canada and the United States.

Under Article 17 of Council Directive 92/40/EEC, each member state must have a contingency plan "specifying the national measures to be implemented in the event of an outbreak of avian influenza". Among other things, the plan must provide for access to facilities, equipment, personnel and all other appropriate materials necessary for the rapid and efficient eradication of the outbreak. Ireland's plan also gives details on movement controls and procedures to be followed in the investigation of a suspect premises. Ireland's contingency plan is currently being updated in conjunction with the Department of Health and Children. In addition, operational and other aspects are being reviewed and various elements are being updated.

The European Commission has recently tabled proposals on updating the current Community measures on avian influenza with a view to improving prevention and control, reducing the health risks, the costs and losses and the negative impact to the whole of society of this disease. These proposals are currently under detailed technical discussion at Council working group in Brussels.

Food Labelling.

Olivia Mitchell

Question:

101 Ms O. Mitchell asked the Minister for Agriculture and Food the action she is taking to ensure that all third country beef is properly labelled; and if she will make a statement on the matter. [17319/05]

Beef imports into the European Union from third countries must have been sourced, first, in countries and, second, in premises, that are currently listed and approved by the European Commission and which are subject to veterinary audits by the EU's Food and Veterinary Office. In addition, such imports are subject to checks laid down in the harmonised rules prescribed at European level, and must be accompanied by the prescribed veterinary health certification from the competent authorities in the country of export.

The beef labelling requirements, which are compulsory in all member states, apply to beef sold at retail level within the Community, regardless of whether that beef was produced within the EU or in a third country. Where beef is imported into the Community from a third country it must, at a minimum, be labelled as "Origin: non-EC" along with an indication of the third country in which slaughter took place.

The EU requirements in respect of labelling of beef do not apply at restaurant and catering sector level and Ireland has raised this with the Commission. It is my intention to proceed with a national legal requirement that country of origin must be displayed in respect of beef served on such premises. Discussions are ongoing between my Department and the Department of Health and Children with a view to progressing the required legislation as soon as possible.

Flood Relief.

Breeda Moynihan-Cronin

Question:

102 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food the latest information available to her Department on the extent of disruption to farming caused by recent cold and wet weather, particularly during April; and if she will make a statement on the matter. [17388/05]

My Department is not aware of any general disruption to farming caused by the weather in recent months, nor has it been made aware of any particular localised weather related difficulties.

Farm Retirement Scheme.

Shane McEntee

Question:

103 Mr. McEntee asked the Minister for Agriculture and Food the plans she has to implement the recommendations of the Joint Committee on Agriculture and Food report on the early retirement scheme, ERS; and if she will make a statement on the matter. [17303/05]

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

Denis Naughten

Question:

104 Mr. Naughten asked the Minister for Agriculture and Food the reason farmers are not entitled to draw the contributory pension in conjunction with the farm retirement pension; the reason a farmer must inform the Department of Agriculture and Food of their social welfare entitlements; her plans to automate this system; and if she will make a statement on the matter. [16886/05]

It is a requirement of the EU regulations under which both the current and previous early retirement schemes are implemented that the early retirement pension can only be paid as a supplement to any national retirement pension that the participant and their spouse or partner in a joint management arrangement receive. This means that the value of any such national retirement pension, which includes contributory pensions, must be deducted from the early retirement pension.

On entering the schemes, participants signed an undertaking to comply with the requirements, among which it is stated that the pension can only be paid as a supplement to a national retirement pension. The onus remains primarily on the scheme participant to inform my Department of his or her entitlement to a national retirement pension. As a further safeguard against unintentional overpayments, however, my Department and the Department of Social and Family Affairs co-operate in the routine exchange of information and are currently in discussion about ways in which this can be improved further.

Organic Sector.

John Gormley

Question:

105 Mr. Gormley asked the Minister for Agriculture and Food if she will seek the inclusion of organic farming bodies in the social partnership process; and if she will make a statement on the matter. [17408/05]

The organic sector is already well represented in social partnership. Many of the organisations represented on the national steering group for the organic sector are full participants in the partnership process. I do not propose, therefore, to seek the inclusion of the organic farming bodies in the process at this juncture.

Nursing Homes.

Liam Twomey

Question:

106 Dr. Twomey asked the Tánaiste and Minister for Health and Children her plans to introduce legislation which will establish an inspectorate, independent of the HSE, to examine all nursing homes (details supplied); and if she will make a statement on the matter. [17765/05]

Fergus O'Dowd

Question:

120 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children her plans to introduce legislation requiring that all nursing home inspectors’ reports are put into the public domain on a regular basis and made available on the Internet; and if she will make a statement on the matter. [17650/05]

Liam Twomey

Question:

121 Dr. Twomey asked the Tánaiste and Minister for Health and Children her plans to introduce legislation to expand the role of nursing home inspectors to include public homes and homes run by voluntary bodies; and if she will make a statement on the matter. [17651/05]

Fergus O'Dowd

Question:

122 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the legislation that ensures patient safety in nursing homes following adverse findings in nursing home inspector reports; if her Department or a regional health office will close an inadequate nursing home; if so, the circumstances under which a nursing home can be closed; and if she will make a statement on the matter. [17652/05]

I propose to take Questions Nos. 106 and 120 to 122, inclusive, together.

The Nursing Home (Care and Welfare) Regulations 1993 set out the standards the private nursing home sector must adhere to for the purpose of registration under the Health (Nursing Homes) Act 1990. The regulations only apply to the private nursing home sector and do not cover public long-stay facilities for older people.

In general, where problems occur, the inspection team that inspects the private nursing home will discuss its findings in detail with the owner-operators and this will generally ensure that the matters raised will be addressed. The HSE may remove a nursing home from its register or refuse to register a nursing home if it is of the opinion that, inter alia, the premises to which the application or, as the case may be, the registration relates do not comply with the regulations; or the continuance of services in the home will not be or is not in compliance with the regulations.

There is a commitment to provide a statutory basis for the social services inspectorate and to extend its remit to include services for older people including long-stay facilities for older people, both public and private. In the interim, work has been carried out in a number of Health Service Executive areas on developing standards for residential care for older people. At the same time the Irish Health Services Accreditation Board has commenced work on examining the development of accreditation standards for residential care for older people, both public and private. In this regard it is developing a pilot programme which includes both public long-stay units and private nursing homes.

With regard to inspectors' reports on nursing homes to be put into the public domain, while the reports are not published or put on the Internet, they may be made available by the HSE upon request. There are no plans to introduce legislation in this regard at present.

Health Services.

Billy Timmins

Question:

107 Mr. Timmins asked the Tánaiste and Minister for Health and Children the position regarding an appointment for a person (details supplied) in County Wicklow; if it will be brought forward; and if she will make a statement on the matter. [17453/05]

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

Hospital Accommodation.

Dinny McGinley

Question:

108 Mr. McGinley asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that half of the beds in the Gweedore nursing unit are unoccupied almost a year after it was opened; when the unit will be fully operational. [17458/05]

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

Hospital Services.

Breeda Moynihan-Cronin

Question:

109 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children the hospitals here which have digital mammogram machines; her proposals to provide these machines to all regional and general hospitals; and if she will make a statement on the matter. [17462/05]

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

National Treatment Purchase Fund.

John Ellis

Question:

110 Mr. Ellis asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Leitrim will be provided with treatment under the patient treatment purchase scheme. [17489/05]

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

Hospital Services.

Jack Wall

Question:

111 Mr. Wall asked the Tánaiste and Minister for Health and Children if a person (details supplied) in County Laois will receive an earlier appointment date for a mammogram; and if she will make a statement on the matter. [17497/05]

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

Health Service Allowances.

Sean Fleming

Question:

112 Mr. Fleming asked the Tánaiste and Minister for Health and Children when the full payment of arrears in respect of a person (details supplied) in County Laois for the domiciliary care allowance will be made. [17516/05]

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 payment of and entitlement to domiciliary care allowance. Accordingly, my Department has requested the chief officer for the midland area to investigate the matter raised and to reply directly to the Deputy.

Alternative Medicine.

Sean Fleming

Question:

113 Mr. Fleming asked the Tánaiste and Minister for Health and Children her Department’s policy regarding the recognition of alternative medicine. [17517/05]

I am conscious that complementary therapy is of increasing interest to the public and that more people are now attending complementary therapists. However, while the practice of conventional medicine and health care in this country is controlled and regulated, complementary health care has not been subject to the same level of oversight. Standards of education, professional qualifications and experience required are not as well established and the level of qualification and length of training among complementary therapists can vary. Moreover, the practice of some complementary therapies has sometimes been carried out on an informal basis.

Focus in regard to complementary therapy has therefore been on how the regulatory environment for complementary therapists can be strengthened. I see this as essential and, as I have explained to the House on previous occasions, a national working group was established by my predecessor in May 2003 to advise on future measures in this regard. The Deputy will be aware of recent tragic events which have shown that greater controls in the complementary therapy area are in the interest of the public and indeed all reputable practising therapists. I have therefore asked that the report of this group be expedited.

Adoption Register.

Pat Rabbitte

Question:

114 Mr. Rabbitte asked the Tánaiste and Minister for Health and Children the reason the leaflet regarding the national adoption contact preference register has not been delivered to every household (details supplied); and if she will make a statement on the matter. [17595/05]

The Adoption Board, which organised the launch of the national contact preference register, had an agreement with An Post that the latter would deliver a leaflet to every household to coincide with the media advertising campaign. The board is aware of problems of non-delivery or late delivery of the leaflets in certain areas. At the request of An Post, the board relays details of the areas involved to An Post customer services which follow it up with the relevant delivery offices. The problems which have arisen are regretted. A copy of the leaflet may also be received direct from the Adoption Board or downloaded from its website, www.adoptionboard.ie.

Hospital Services.

Denis Naughten

Question:

115 Mr. Naughten asked the Tánaiste and Minister for Health and Children when a response to Parliamentary Question No. 178 of 20 April 2005 will be supplied; and if she will make a statement on the matter. [17596/05]

I understand from the Health Service Executive, HSE, that the person referred to by the Deputy has had surgery and is currently an inpatient at St. James's Hospital. I also understand from the HSE that a reply has issued to the Deputy.

Cancer Screening Programme.

Denis Naughten

Question:

116 Mr. Naughten asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 78 of 14 April 2005 if approval will be given to BreastCheck to advertise in the EU Journal for the design of the Cork and Galway facilities; and if she will make a statement on the matter. [17597/05]

I am pleased to inform the Deputy that my Department issued approval to BreastCheck on 5 May 2005 to initiate the selection process for a design team for these projects and the placing of a notice in this regard in the EU Journal.

Hospital Services.

Denis Naughten

Question:

117 Mr. Naughten asked the Tánaiste and Minister for Health and Children if she will list the hospitals which have an acute stroke unit; the plans she has to extend this service to other hospitals; and if she will make a statement on the matter. [17598/05]

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

Caoimhghín Ó Caoláin

Question:

118 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the arrangements which will be put in place to ensure full and equal access for public patients to the proposed new private radiation oncology facility in Waterford city; and if she will make a statement on the matter. [17647/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of cancer services, including responsibility for decisions on the referral of patients for treatment at private facilities. Factors which are relevant to such a decision include assessment of patient need, existing service availability, indemnity and quality assurance.

As regards quality assurance, a national radiation oncology co-ordinating group has been established with a specific remit to advise, inter alia, on quality assurance standards for the provision of radiation oncology services at public and private facilities. The group comprises clinical, technical, managerial, academic and nursing expertise from different geographical regions. I am advised that the preparation of these standards is well advanced.

Health Services.

Paul Kehoe

Question:

119 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the position regarding the out of hours Caredoc cover in Enniscorthy, County Wexford (details supplied); and if she will make a statement on the matter. [17648/05]

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

Questions Nos. 120 to 122, inclusive, answered with Question No. 106.

Garda Stations.

Liam Twomey

Question:

123 Dr. Twomey asked the Minister for Finance if Garda stations for sale are offered for public sale or are privately sold; and if he will make a statement on the matter. [17448/05]

Garda stations that are surplus to State requirements are normally sold by public auction. However, occasionally a Garda station might be sold by public tender.

Tax Code.

Michael Lowry

Question:

124 Mr. Lowry asked the Minister for Finance if he will consider introducing a scheme (details supplied); the number of farmers affected by the lack of such a scheme; the cost of such a scheme; his views on the creation of such a scheme; and if he will make a statement on the matter.

There is already in place a generous package of reliefs that continue to be available exclusively to the farming sector. These include: income averaging; stock relief; accelerated capital allowances for expenditure incurred on farm buildings; accelerated capital allowances in respect of expenditure incurred on certain pollution control measures; capital allowances in respect of expenditure incurred on the purchase of milk quota; an exemption from income tax in respect of certain income from certain leased farmland and special tax treatment in respect of profits accruing as a result of the disposal of stock under statutory disease eradication measures. In addition, certain young trained farmers can also qualify for full relief from stamp duty on the transfer of land and can also avail of enhanced stock relief of 100%.

The 2005 budget also announced a special stamp duty relief relating to an exchange of farm land between two farmers for the purposes of consolidating each farmer's holding. The new relief will mean that no stamp duty will be charged on an exchange of such lands where the lands are of equal value. In a case where the lands exchanged are not of equal value, stamp duty will be charged on the amount of the difference in the value of the lands concerned.

The Deputy is effectively suggesting the reintroduction of roll-over relief on capital gains tax for farmers. It was announced in the 2003 budget that no roll-over relief would be allowed for any purpose on gains arising from disposals on or after 4 December 2002. This relief was introduced when capital gains tax rates were much higher than current levels. In effect, it was a deferral of tax to be paid, where the proceeds of disposal were re-invested into replacement assets. The abolition of this relief was in accordance with the overall taxation policy of widening the tax base in order to keep direct tax rates low. A 20% rate of capital gains tax now applies on gains arising on the disposal of assets, including land. This is the lowest rate of capital gains tax in recent history. Taxing capital gains when they are realised is the most logical time to do so and this change brought capital gains tax into line with other areas.

Stamp duty and capital gains tax are significant contributors to the Exchequer, yielding approximately €2 billion and €1.5 million respectively in 2004. Stamp duty and capital gains tax receipts allow for a broader tax base than would otherwise be possible and form an important element of State revenues. The introduction of a general exemption from capital gains tax and stamp duty for all farmers selling and repurchasing farmland for any reason would narrow the tax base considerably and would have an adverse effect on the stamp duty and capital gains tax yields. Also, such a move would lead to calls from other sectors to be given the same treatment, which would have major Exchequer implications.

Figures are not captured in such a way as to provide a dedicated basis for compiling estimates of cost to the Exchequer from introducing the scheme mentioned or the numbers who might be affected. Accordingly, the specific information is not readily available and either could not be obtained or could not be obtained without conducting a protracted investigation of the Revenue Commissioners' records.

I have no plans to introduce tax exemptions for farmers along the lines suggested by the Deputy.

Pat Carey

Question:

125 Mr. Carey asked the Minister for Finance the reason VAT is charged on the public service obligation portion of ESB bills; and if he will make a statement on the matter. [17578/05]

The public service obligations levy is a charge shown on bills issued by the Electricity Supply Board to its customers since March 2003. The levy is based on the costs incurred by the ESB in meeting its obligations to produce, or buy, electricity that is generated from peat and other environmentally sustainable forms of energy. It was previously included as part of the "standing charges" shown on ESB bills and, as such, was chargeable to VAT. With effect from March 2003, the levy has been shown separately from the other standing charges.

The levy is part of the price which customers pay the ESB and is directly linked to the price of the electricity supplied. In these circumstances, the ESB is obliged to charge VAT on the levy. The rate at which VAT must be charged is 13.5%, which is the rate that applies to the supply of electricity.

Traffic Management.

Tony Gregory

Question:

126 Mr. Gregory asked the Minister for Finance if the OPW will consider an alternative one way traffic system (details supplied) in Dublin 7; and if he will make a statement on the matter. [17594/05]

The alternative one way traffic system proposed has been assessed and is not considered to be feasible.

As indicated in response to Question No. 341 of 12 April 2005 in this matter, the proposal to implement a one way system at the Ashtown and Cabra Gates of the Phoenix Park as drawn up by my office has been deferred pending further research into its likely impact on traffic flows outside the park, particularly at rush hour, and to facilitate further consultation with Fingal County Council and Dublin City Council.

Telecommunications Services.

Billy Timmins

Question:

127 Mr. Timmins asked the Minister for Communications, Marine and Natural Resources the position in regard to broadband for Hacketstown, County Carlow; if it will be rolled out as a matter of urgency; and if he will make a statement on the matter. [17452/05]

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by the Commission for Communications Regulation, the independent regulator.

There are several service providers who offer DSL broadband in the Hacketstown area. Full details of these can be found on my Department's website www.broadband.gov.ie including contact details, service levels on offer and costs. DSL broadband is always marketed subject to line survey and availability and, where a telephone line cannot carry the service, other technologies must be considered, such as wireless, satellite or cable modem. A full list of service providers is available from the website www.comreg.ie .

My Department's regional broadband programme is addressing the infrastructure deficit by building metropolitan area networks in all the regional towns of 1,500 population and above that do not have a satisfactory broadband service, including Muine Bheag and Tullow in County Carlow. For rural communities and smaller towns, such as Hacketstown, my Department offers funding under the county and group broadband scheme to enable these communities to become self sufficient in broadband, in association with the service providers, using the most suitable technology for the area.

Full details of the scheme, including application procedures, are on the website www.gbs.gov.ie , and although the most recent call for proposals has closed, applications are still being accepted by my Department. The regional co-ordinator for the county and group broadband scheme is Mary Wixted, who may be contacted at the South East Regional Authority’s offices at 1 Gladstone Street, Clonmel, telephone 052 26200.

Natural Gas Grid.

Beverley Flynn

Question:

128 Ms Cooper-Flynn asked the Minister for Communications, Marine and Natural Resources his views on the benefits for the people of Mayo of the Corrib gas find. [17459/05]

Over the life of the Corrib field it will contribute to reduced importation of natural gas and an enhancement of our security of supply of energy. The construction work will contribute to Exchequer income from corporation, payroll and indirect taxation in so far as it relies on sourcing of Irish skills, staff and material. Operations will similarly contribute to the Exchequer and will also yield lease rental income.

In addition to sharing in general prosperity, communities in Mayo will benefit where there is local sourcing of workers, services and goods. Direct construction employment will be of the order of 100, will rise to 500 and then fall back to 200 over the project period. It is anticipated that 50 to 60 staff in three shifts will be employed to operate the terminal. It is the stated policy of the operating company to recruit and train local staff to work the terminal and I understand that main and subcontractors on the project have recruited some of their labour requirements locally.

Telecommunications Services.

Ned O'Keeffe

Question:

129 Mr. N. O’Keeffe asked the Minister for Communications, Marine and Natural Resources when broadband will be introduced to Glenville, County Cork. [17508/05]

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by the Commission for Communications Regulation, the independent regulator.

It has been clear for some time that the sector has failed to invest at the level necessary to keep pace with the demand for broadband, so my Department's regional broadband programme is addressing the infrastructure deficit by building high speed fibre based broadband networks, in association with the local and regional authorities, in the major towns and cities. These metropolitan area networks are open access fibre based trunk networks that allow the private sector to offer world class broadband services at competitive costs.

My Department's regional broadband programme is addressing the infrastructure deficit by building metropolitan area networks in all the regional towns of 1,500 population and above that do not have a satisfactory broadband service. For rural communities and smaller towns, such as Glenville, my Department offers funding under the county and group broadband scheme to enable these communities to become self sufficient in broadband, in association with the service providers. Full details of the scheme, including application procedures, are on the website www.gbs.gov.ie , and although the most recent call for proposals has closed, applications are still being accepted by my Department.

The regional co-ordinator for the county and group broadband scheme is Mr. Billy Sheehan, who may be contacted at the South West Regional Authority's offices at Inishmore, Ballincollig, telephone 021 487 6877.

Arms Trade.

Jim O'Keeffe

Question:

130 Mr. J. O’Keeffe asked the Minister for Foreign Affairs Ireland’s position on the proposed international arms trade treaty; the situation with this proposal; and if he will make a statement on the matter. [17468/05]

I support the principle of having legally binding international agreements on the control of arms exports, with as wide a participation as possible. This is particularly important with respect to small arms and light weapons which are responsible for widespread death and injury. Ireland is committed to working with others to ensure that the international community deals with the illicit trafficking of such weapons effectively. In this context, Ireland is actively participating in current negotiations in the United Nations on an international instrument to regulate the marking and tracing of small arms and light weapons.

A welcome aspect of the proposed international arms trade treaty, which has been put forward by a number of non-governmental organisations, including Amnesty International and Oxfam, is that the treaty has the objective of setting out states' existing international legal obligations in the area of international transfers of arms. In addition, once ratified, the proposed treaty would enable the international community to move forward incrementally, by means of subsequent more specific instruments, to strengthen international controls on arms transfers.

The text of the draft treaty is being re-examined from a legal perspective by those NGOs involved in the arms control campaign and revisions to the text may be made. While work on the drafting of the text of the proposed treaty is still ongoing, it is a promising initiative and I commend the NGOs concerned for their efforts.

Ireland has participated in several international meetings in which the proposed international arms trade treaty has been discussed. This included attendance at a conference held in November 2003 at Cambridge University in England, the purpose of which was to examine the text of the proposed treaty. An official from my Department also attended an international workshop on enhancing the international export control of small arms and light weapons, the case for an international arms trade treaty, which took place in Helsinki last June. Ireland was also represented at an international workshop on global principles for arms transfers, which took place in Tanzania last February. The Government will ensure that Ireland continues to be associated with the process and will closely monitor developments.

Foreign Conflicts.

Bernard Allen

Question:

131 Mr. Allen asked the Minister for Foreign Affairs if he will make a statement on recent moves made by the United States and the Greek Cypriots to reopen talks regarding the unification of Cyprus. [17475/05]

The United Nations has the lead role in the search for a comprehensive settlement of the Cyprus problem. However, the EU enlargement process provided the impetus for the most recent efforts towards a settlement, which were undertaken by the UN Secretary General in the first half of 2004, during Ireland's EU Presidency.

As a result of the referendums in Cyprus on 24 April 2004, the accession to the EU of a united Cyprus on 1 May 2004 was not possible. On 28 May, the UN Secretary General submitted a comprehensive report to the Security Council on his mission of good offices. He noted that the unsuccessful outcome represented another missed opportunity to resolve the Cyprus problem and concluded that there was no apparent basis for resuming the good offices effort while the stalemate continued. The process has remained under consideration in the UN Security Council since then.

However, following discussions with Secretary General Kofi Annan in Moscow earlier this month, the President of Cyprus, Tassos Papadopoulos, sent an envoy to New York last week for preliminary, informal talks with senior officials in the UN Secretariat. As a result of these discussions, the Secretary General has asked Kieran Prendergast, the Under Secretary General for Political Affairs, to travel to Cyprus, Athens and Ankara next week to listen to the views of all parties on the future of the mission of good offices on Cyprus. It will be for the Secretary General to decide, on the basis of these consultations, whether a further effort will be possible in the search for a comprehensive settlement of the Cyprus problem.

The Government has strongly supported Secretary General Annan in his mission of good offices. The EU remains ready to accommodate a settlement of the Cyprus problem based on the Secretary General's proposals and in line with the principles on which the Union is founded. The objective we all share is an agreed comprehensive settlement, which will enable the people of Cyprus to live together as citizens of a united Cyprus in the European Union. I hope that in the coming weeks all parties will engage constructively with the United Nations to create the conditions in which real progress can be made towards the achievement of that objective.

Nuclear Disarmament Initiative.

Bernard Allen

Question:

132 Mr. Allen asked the Minister for Foreign Affairs if he will make a statement on the situation whereby North Korea has sharply raised the tensions due to its nuclear stand off with its regional neighbours by announcing that it had finished extracting nuclear fuel rods at its Yongbyon plant and has taken steps to expand its nuclear arsenal. [17515/05]

The Democratic People's Republic of Korea, DPRK, announced in February 2005 that it has produced and now possesses nuclear weapons and that it is to suspend its participation in the six party talks for an indefinite period. In May 2005, the DPRK further announced that it has finished extracting 8,000 fuel rods from its reactor at Yongbyon, which it had reportedly shut down a month ago.

Given the nature of the regime in the DPRK and its strict control of information, it is difficult to verify the accuracy of such announcements. Normally, the International Atomic Energy Agency can offer reliable information on a country's nuclear programme. However, the IAEA has not been permitted to inspect the DPRK's nuclear facilities since its inspectors were expelled from the DPRK in 2002. The agency is, therefore, not in a position to ascertain the validity of the recent statements from the DPRK.

The DPRK's regional neighbours, and parties involved in the six party talks, SPT, process, are continuing their efforts to encourage the DPRK to return to the stalled talks on the denuclearisation of the Korean peninsula. Most recently, the DPRK and the Republic of Korea concluded four days of negotiations on 20 May. US and DPRK officials are reported to have had working level contacts on the issue at the UN on 13 May.

The SPT process involves the DPRK, the Republic of Korea, China, Japan, the Russian Federation and the United States. Three rounds of talks have taken place since the process was initiated in 2003. While not directly involved in these talks, the EU has availed of every opportunity to confirm the Union's willingness to contribute to the international efforts to move matters forward. The Union has also indicated its readiness to consider enhanced co-operation with the DPRK if the present difficult situation can be resolved in a satisfactory manner.

The issue of the nuclear programme of the DPRK is kept under close and regular scrutiny by the European Union. The EU issued a statement on 11 February expressing concern at the position adopted by the DPRK. It urged the DPRK to revoke, as soon as possible, its decision to withdraw from the six party talks and to allow the resumption of negotiations in order to find a negotiated and peaceful solution to the crisis in the Korean peninsula. The EU also reaffirmed its strong support for the six party talks process and renewed its appeal to the DPRK to comply with the terms of the Treaty on the Non-Proliferation of Nuclear Weapons. The EU and Asian partners reiterated this concern at the Asia Europe Foreign Ministers Meeting which took place in Kyoto, Japan, on 6-7 May 2005.

At the 7th review conference of the Treaty on the Non-Proliferation of Nuclear Weapons, which is currently underway in New York, the EU also called on the DPRK to respect fully its international obligations in the non-proliferation field, in accordance with its safeguards agreement with the IAEA. The EU further reaffirmed that it is firmly committed to contributing to a peaceful and negotiated solution to the DPRK's nuclear programme.

Chief Herald.

Jimmy Deenihan

Question:

133 Mr. Deenihan asked the Minister for Arts, Sport and Tourism when a new Chief Herald of Ireland will be appointed; and if he will make a statement on the matter. [17481/05]

On 3 May 2005 statutory instruments came into effect which established the National Library of Ireland as a non-commercial semi-State body from that date, under the National Cultural Institutions Act 1997. Responsibility for the position of Chief Herald of Ireland is now a matter for the new statutory board of the National Library.

Abbey Theatre Players.

Jimmy Deenihan

Question:

134 Mr. Deenihan asked the Minister for Arts, Sport and Tourism his plans for the change of governance of the Abbey Theatre; and if he will make a statement on the matter. [17482/05]

It is clear that if the national theatre is to successfully meet the challenges facing it in the future, it will require the highest standards of management and corporate governance. I am reviewing existing governance arrangements and in that regard, will take into consideration the views of the board of the theatre and the Arts Council. I will announce my decisions on governance arrangements as soon as I have completed my consideration of the issues involved. Any decisions taken in this context will be designed to secure the future of the Abbey as a vibrant, successful national theatre.

Sports Capital Programme.

Denis Naughten

Question:

135 Mr. Naughten asked the Minister for Arts, Sport and Tourism when he will publish the allocation of funding under the 2005 sports capital programme; and if he will make a statement on the matter. [17506/05]

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

Applications for funding under the 2005 programme were invited through advertisements in the press on 5 and 6 December 2004. The closing date for receipt of applications was 4 February 2005. All of the 1362 applications received before that deadline are being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Work Permits.

Liam Twomey

Question:

136 Dr. Twomey asked the Minister for Enterprise, Trade and Employment the reason for the delay in processing a work permit for a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [17449/05]

The work permits section of my Department issued a work permit in respect of the named individual, valid from 26 July 2004 to 25 July 2005. There is no record of any further application having been received.

Companies Registration Office.

Willie Penrose

Question:

137 Mr. Penrose asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that a community group (details supplied) in County Westmeath is the subject of severe penalties if it is late in filing its returns; if the Companies Registration Office will waive or reduce same to the normal filing fee; and if he will make a statement on the matter. [17577/05]

It is a statutory requirement under the Companies Acts for companies to file an annual return and accounts with the Companies Registration Office, CRO. There is also a requirement for a late filing penalty to be paid where returns are filed late. It is the practice of the Registrar of Companies to waive late filing penalties in certain exceptional circumstances, for particular categories of company, such as charities, and on a once-off basis only. I understand that in no case have late filing penalties been waived by the registrar on a second occasion for any company.

The company in question met the criteria governing waiver and it was granted a once-off waiver of late filing fees in respect of its failure to file on time its annual return for 2002. That return should have been filed by 5 September 2002 but was not filed until 15 August 2003. The applicable late filing fee of over €1,000 was waived in line with the waiver criteria.

The company has since failed to file its returns for the years 2003 and 2004, despite having been written to as regards its filing obligations by the CRO in July 2002 and January 2003 and despite already having had the benefit of a waiver of late filing fees. It did not attempt to rectify its filing default until a strike-off warning issued to it last February.

The late filing fees accrued in respect of the returns for the years 2003 and 2004 as at the date of the CRO letter, of 11 May 2005, amounted to €2,014. That letter was a letter from CRO to the company returning its 2003 and 2004 returns because the full fees had not been attached. The late fees increase at the rate of €3 per day until a ceiling of €1,200 is reached in respect of any particular return.

The general policy on penalties for late filing of returns and accounts is working well as evidenced by the improved rate of submission of returns and accounts generally. I do not think that it would be appropriate for me to intervene in individual decisions of the Registrar of Companies on filing penalties and I do not propose to do so in this case.

Social Welfare Benefits.

Michael Ring

Question:

138 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved for and awarded farm assist. [17572/05]

The person concerned was in receipt of unemployment assistance from 16 April 1986 to 12 April 2005 when his claim was disallowed on the grounds he is not available for or genuinely seeking full-time employment. He applied for farm assist on 5 May 2005 and his file is with a social welfare inspector for investigation. A decision will be given as soon as possible and he will be notified of the outcome.

The person concerned never declared to my Department, in the context of his unemployment assistance claim, that he had land, or was engaged in farming. His previous entitlement to unemployment assistance will, therefore, have to be reviewed.

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

Family Support Services.

Tony Gregory

Question:

139 Mr. Gregory asked the Minister for Social and Family Affairs when a decision will be made on long-term funding for a centre (details supplied); and if he will make a statement on the matter. [17584/05]

The centre in question, based in inner city Dublin has been in receipt of funding since 2000 under the family and community services resource centre, FRC, programme, which is administered by the family support agency. All FRCs are funded on the basis of three year renewable contracts, subject to satisfactory progress being made. Under its contract, the centre received funding of €81,372 in 2003, €93,900 in 2004 and current year funding will amount to €93,000.

The centre's current contract with the family support agency expires at the end of 2005 and will then be subject to renewal in accordance with the normal terms and conditions of the programme. FRC performance over the contractual period is monitored on an ongoing basis. Where difficulties arise, the family support agency's policy is to work with all concerned to try to resolve them. Withdrawal of funding is rare and would only occur if all other efforts at resolution of the difficulty have been exhausted.

Social Welfare Benefits.

Michael Ring

Question:

140 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved for the free schemes. [17455/05]

The person concerned has been awarded an electricity and a telephone allowance with effect from 27 March 2005. A lifetime free television licence has also been awarded to him with effect from the expiry date of his current television licence. The ESB and Eircom will be notified as soon as possible to apply the allowances to his account. He will receive his television licence with his notification of award of his electricity allowance.

Michael Ring

Question:

141 Mr. Ring asked the Minister for Social and Family Affairs the outcome of an oral hearing regarding the invalidity payment for a person (details supplied) in County Mayo. [17461/05]

The person concerned applied for invalidity pension on 23 August 2004. Although she fulfilled the medical eligibility criteria the social insurance, PRSI, conditions were not satisfied. She was refused invalidity pension and was notified of this decision on 14 October 2004, the reasons for it and of her right of appeal to the social welfare appeals office.

The person concerned appealed this decision to the social welfare appeals office and, following an oral hearing of the appeal on 15 April 2005, the appeals officer considered that further inquiries were necessary. When these are completed the appeals officer will consider the matter further.

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

Departmental Staff.

Willie Penrose

Question:

142 Mr. Penrose asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Westmeath has not been appointed to the post they applied for; the further reason the Public Appointments Service has not been requested by his Department to fill a vacancy in the area concerned; if his attention has been drawn to the fact that despite this person being first on the relevant panel, they will not obtain a position if his Department does not fill the vacancy; and if he will make a statement on the matter. [17504/05]

The person concerned, who is currently serving as a temporary clerical officer in the Department's Mullingar office, competed at a competition organised in 2002 by the Public Appointments Service, formerly Office of the Public and Civil Service Commission. This competition was for clerical positions and was confined to people who were employed in a temporary capacity. She was informed by the PAS that she was placed first on a panel for Mullingar.

The centrally agreed arrangements for the direct recruitment of clerical staff to some provincial locations provide that 50% of clerical vacancies in a number of named provincial locations are to be filled by direct recruitment while the other 50% are to be filled from the central transfer list for the particular location. For those provincial locations not included in the agreement, the previous arrangements remained in place whereby all vacancies are filled by the lateral transfer of a permanent clerical officer, in accordance with the central transfer list.

Mullingar is not one of the provincial locations for which direct recruitment was agreed and, accordingly, the Department does not have the discretion to recruit directly from the Public Appointments Service panel for vacancies in this office. In accordance with the agreed arrangements, all vacancies at clerical level must be filled by the lateral transfer of a permanent clerical officer from the central transfer list. The only circumstances in which direct recruitment could be considered would be in the event that the central transfer list for the location is exhausted. However, at present there are in the region of 160 names on the Department's transfer list for Mullingar.

Family Support Services.

Michael Ring

Question:

143 Mr. Ring asked the Minister for Social and Family Affairs the number of persons who qualify for family income supplement; if he will report on the new guidelines for FIS; if there were changes in budget 2005 in the FIS guidelines; the advertising which his Department has carried out about FIS; and the amount spent on advertising the FIS scheme. [17633/05]

Family income supplement, FIS, was introduced in 1984 to provide income support for employees on low earnings with families and thereby preserve the incentive to remain in employment in circumstances where they might otherwise only be marginally better off than if they were fully reliant on social welfare payments.

Weekly payments of FIS are made to families, including one-parent families, with children under 18 years or between 18 and 22 years if in full-time education, where one or more parent is in full-time remunerative employment of not less than 19 hours per week or 38 hours per fortnight, where the employment is likely to last at least three months and where the income of the family is less than a prescribed weekly amount. The number of FIS claims in payment at week ending 20 May 2005 is 15,422. This represents an increase of 28% since December 2002 when 12,043 claims were in payment.

FIS income limits were increased by €39 per week in budget 2005. This represents a net increase of €23.40 per week for most recipients. Weekly FIS income limits have risen by €84 since 2002. This represents a net increase of €50.40. The guaranteed minimum weekly rate of payment for anyone who qualifies for FIS increased to €20 from January 2004.

My Department undertakes a number of proactive measures to ensure that people are aware of possible entitlement to family income supplement. In the past, this has included extensive advertising on local and national press and radio and in poster campaigns and targeted mailshots. Information on FIS is also provided on an ongoing basis in various ways, which include advising all newly awarded one-parent family payment recipients, advising all employers annually in PRSI mailshots and examining entitlement for all recipients of the back to work scheme. The provision of information on FIS in this manner is not costed separately.

More generally, information on all social welfare schemes, including FIS, is also available on the Department's website and local offices.

Social Welfare Benefits.

Michael Ring

Question:

144 Mr. Ring asked the Minister for Social and Family Affairs when unemployment assistance will be awarded to a person (details supplied). [17634/05]

The person concerned attended her local office on 19 May and sought an application form for unemployment assistance. In the context of completing the application form she was requested to produce medical evidence of fitness for work. On production of this and the claim form duly completed, her claim will be processed as quickly as possible.

Motor Insurance.

Jimmy Deenihan

Question:

145 Mr. Deenihan asked the Minister for Transport the number of the 67 recommendations of the motor insurance advisory board which have been implemented; and if he will make a statement on the matter. [17587/05]

Following completion of the motor insurance advisory board's, MIAB, final report in September 2004, the Department of Transport was assigned responsibility for policy and legislation relating to the cost and availability of motor insurance. One of the component parts of this work is to oversee the implementation of the outstanding recommendations of the MIAB's report and that work is ongoing.

The MIAB's final report indicated that 45 of the 67 recommendations contained in its 2002 report have been fully implemented and have resulted in significant reductions in motor insurance premiums.

Rail Services.

Denis Naughten

Question:

146 Mr. Naughten asked the Minister for Transport his plans to upgrade the Dublin/Westport rail service; and if he will make a statement on the matter. [17460/05]

Iarnród Éireann informs me that the Dublin to Westport rail service will benefit from investment in two major railway programmes being undertaken over the next three years. First, by 2007 all the manual signalling systems on the Athlone to Westport route will be replaced with modern electronic signalling controlled from the company's central traffic control centre. This scheme will improve safety, operational efficiency and capacity on the Westport line.

Second, in 2007, Iarnród Éireann will take delivery of its new fleet of intercity diesel multiple unit trains which will ultimately replace all existing rolling stock on west of Ireland routes, including the Westport line. The new rolling stock, combined with the improved signalling, will enable an increase in service frequency and a reduction in journey times by 2008 on the Westport line.

Driving Tests.

Fergus O'Dowd

Question:

147 Mr. O’Dowd asked the Minister for Transport the reason a medical certificate from the Aviation Authority is not acceptable as a medical certificate for the issuing or retention of a driving licence. [17490/05]

Under the Road Traffic Act 1961 and the Road Traffic (Licensing of Drivers) Regulations 1999 to 2004, it is a matter for the appropriate licensing authority to process applications for a driving licence and to issue licenses. The regulations also provide that the medical report must be in a scheduled form, must be signed by a registered medical practitioner and indicate that in the opinion of the registered medical practitioner the applicant meets the medical standards set out in the regulations.

Fergus O'Dowd

Question:

148 Mr. O’Dowd asked the Minister for Transport the facilities which are available at each driving test centre in the State; the cost of providing each such centre; the numbers employed at each centre; the number of tests carried in each year since 2000; the failure rate in each centre in each year since 2000; and the cost of running each centre in each year since 2000. [17491/05]

Table 1 sets out the number of testers assigned to headquarter centres at present. Driver testers are in turn assigned from headquarter centres to meet the demand in other test centres. The table does not include the chief supervisory tester or the ten supervisory testers.

Table 2 sets out the number of driving tests conducted and the failure rate at each test centre between 2000 and 2004. Information relating to the cost of providing each driving test centre in 2004 is being compiled and will be forwarded to the Deputy as soon as possible.

Table 1: Testers Headquartered at Test Centres.

Driving Test Centres

Testers Headquartered

North Leinster Region

Finglas

17

Raheny

8

Dundalk

Mullingar

Navan

1

South Leinster Region

Churchtown/Rathgar

15

Tallaght

11

Gorey

Naas

2

Tullamore

Wicklow

West Region

Athlone

2

Birr

Castlebar

4

Clifden

Ennis

3

Galway

6

Loughrea

2

Roscommon

Tuam

North West Region

Ballina

Buncrana

Carrick-on-Shannon

2

Cavan

2

Donegal

Letterkenny

3

Longford

Monaghan

1

Sligo

2

South East Region

Carlow

1

Clonmel

2

Dungarvan

Kilkenny

2

Nenagh

Portlaoise

1

Thurles

Tipperary

Waterford

4

Wexford

4

South West Region

Cork

13

Killarney

2

Kilrush

Limerick

4

Mallow

Newcastle West

Shannon

Skibbereen

Tralee

2

Table 2 Tests Conducted and Failure Rate 2000-2004

2000

2001

2002

2003

2004

Centre

Tests

% Fail

Tests

% Fail

Tests

% Fail

Tests

% Fail

Tests

% Fail

Athlone

1,339

45.3

1,953

50.5

1,505

46.1

1,901

43.0

2,026

40.5

Ballina

1,636

34.7

1,496

40.1

1,658

41.9

1,908

38.8

1,871

37.6

Birr

1,441

35.7

1,671

44.4

1,513

37.7

1,809

34.9

1,557

35.3

Buncrana

859

32.9

713

35.1

987

36.8

1,001

34.4

836

36.5

Carlow

2,649

46.1

3,022

49.7

2,559

52.4

2,493

50.8

2,625

50.0

Carrick-on-Shannon

1,511

38.8

1,620

41.6

1,565

48.8

1,573

45.6

1,648

44.5

Castlebar

2,894

41.1

3,201

44.0

3,085

41.7

3,120

37.9

3,304

37.0

Cavan

2,368

39.6

2,024

40.2

2,513

52.7

2,307

49.8

2,534

51.7

Churchtown /Rathgar*

18,263

47.0

15,258

49.0

5,091

50.0

4,505

51.7

4,835

52.5

Clifden

405

41.0

575

40.0

492

47.8

688

44.0

656

40.7

Clonmel

2,400

46.4

2,726

43.1

1,959

43.0

2,175

48.7

2,191

48.5

Cork

11,711

40.7

13,813

39.9

10,597

40.8

10,853

44.5

10,744

44.5

Donegal

1,525

43.1

1,427

46.0

1,606

38.7

1,605

42.9

1,691

43.3

Dundalk

4,805

44.0

4,118

43.0

4,236

50.9

3,945

48.4

4,273

47.0

Dungarvan

2,028

44.3

1,831

42.7

1,788

45.4

1,507

42.7

1,764

39.2

Ennis

1,796

35.6

1,991

44.6

1,628

40.4

1,894

34.5

2,250

37.3

Finglas

13,944

44.2

15,403

48.5

10,779

51.0

12,683

51.2

11,404

52.2

Galway

3,882

45.0

4,567

46.0

4,738

44.8

4,381

38.8

4,299

38.2

Gorey

2,804

47.1

2,453

48.3

2,128

48.4

2,570

47.4

2,405

51.4

Kilkenny

2,916

42.9

2,583

49.8

2,629

47.3

2,643

44.6

2,980

44.9

Killarney

2,549

38.4

2,921

35.4

2,524

37.8

2,454

40.0

2,286

40.8

Kilrush

709

34.3

786

35.4

659

40.4

812

37.7

690

38.6

Letterkenny

2,564

36.3

3,546

40.1

2,340

38.0

2,406

39.6

2,517

43.2

Limerick

5,588

36.1

5,835

36.9

4,686

38.3

4,844

39.3

4,200

38.1

Longford

1,422

35.3

1,183

40.0

1,547

43.8

1,282

44.1

1,341

47.3

Loughrea

1,515

40.7

1,740

46.4

1,685

48.7

2,171

41.5

1,818

38.6

Mallow

2,963

37.4

3,463

39.7

2,475

38.5

2,863

42.2

2,876

43.1

Monaghan

1,768

40.6

1,727

40.8

1,842

48.3

1,669

49.2

1,846

52.3

Mullingar

2,482

37.7

2,533

39.4

2,318

44.2

2,454

43.0

2,638

44.2

Naas

8,280

41.4

7,384

43.0

6,174

46.1

6,378

46.4

6,659

48.1

Navan

5,150

43.6

4,793

45.6

4,938

46.8

5,236

45.6

4,983

43.9

Nenagh

919

49.0

1,007

51.2

875

50.2

916

50.2

743

46.7

Newcastle West

2,569

35.3

2,812

37.8

2,014

35.6

2,706

39.5

2,402

39.6

Portlaoise

1,921

49.8

2,021

51.4

1,789

48.6

1,836

50.0

1,676

46.7

Raheny

7,759

40.2

9,673

46.3

7,620

49.6

8,575

50.3

7,675

47.6

* Rathgar

0

0.0

0

0.0

7,233

49.3

7,852

51.9

7,296

58.7

Roscommon

1,574

47.3

1,642

46.8

1,720

44.2

1,904

40.0

1,675

38.0

Shannon

1,148

25.8

1,333

29.6

1,270

35.0

1,080

33.6

1,105

35.6

Skibbereen

2,949

35.6

3,229

36.5

2,175

40.0

2,150

40.5

2,267

38.4

Sligo

1,899

36.4

2,163

40.5

2,339

38.0

2,161

36.5

2,155

36.8

Tallaght

6,604

47.4

10,007

48.0

9,140

50.2

9,981

49.1

10,115

51.7

Thurles

1,328

47.5

1,429

50.2

1,131

47.4

1,070

43.7

1,135

46.4

Tipperary

1,012

50.1

1,156

50.1

898

49.2

1,124

52.1

1,124

51.1

Tralee

2,868

41.9

3,102

43.2

2,643

43.2

2,632

40.3

2,871

43.0

Tuam

1,323

40.1

1,588

44.5

1,949

44.5

2,227

35.8

1,965

35.6

Tullamore

2,518

41.7

2,538

42.9

2,006

43.4

2,401

45.8

1,938

50.6

Waterford

3,628

47.4

3,605

46.2

3,913

45.7

3,420

44.4

4,110

44.3

Wexford

3,226

49.7

3,586

51.1

3,318

48.1

3,408

48.5

3,320

46.3

Wicklow

3,285

52.7

3,129

52.8

2,706

51.0

2,842

52.7

2,664

55.3

Overall Totals

162,696

42.6

172,376

44.6

148,983

45.7

56,415

45.5

153,983

46.0

*Rathgar centre combined with Churchtown for 2000 & 2001

Fergus O'Dowd

Question:

149 Mr. O’Dowd asked the Minister for Transport if he will establish a driving test centre in Drogheda. [17492/05]

The present network of driving test centres comprises 54 test centres nationwide. This is generally considered to provide good coverage across the country and represents a reasonable balance between convenience to test applicants and the need for economy in delivering the driver testing service. I have no proposals to provide a test centre in Drogheda as the existing centres in Dundalk, Navan and Finglas provide adequately for the demand in Drogheda and the general area.

Grant Payments.

Olwyn Enright

Question:

150 Ms Enright asked the Minister for Agriculture and Food when payments of the slaughter and special beef premium will issue to a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [17658/05]

The person named submitted 12 applications under the 2004 special beef premium scheme, in respect of 174 animals, of which 163 are payable. The 60% advance payments in the amount of €11,424.60 issued on dates between 19 October 2004 and 28 January 2005.

Following computer validation, it was found that four animals had previously been paid or claimed the premium, three animals were ineligible due to age, one animal was registered as a female and three animals had been sold within the retention period. While it will be necessary to correspond with the person named on each of these issues, it is intended to process the applications on the basis of the findings following computer validation, in order to facilitate early payment of the interim balancing payments.

Under the 2004 slaughter premium scheme, 198 eligible animals were slaughtered under the herd number of the person named. The 60% advance payments in the amount of €9,504 issued on dates between 20 October 2004 and 29 January 2005. Balancing payments under both the special beef premium scheme and the slaughter premium scheme will issue shortly.

Disadvantaged Areas Scheme.

Denis Naughten

Question:

151 Mr. Naughten asked the Minister for Agriculture and Food the Irish negotiating position on the EU review of disadvantaged areas; and if she will make a statement on the matter. [17440/05]

In reply to a similar question on 4 May I indicated that the proposed redefinition of disadvantaged areas is one element of an EU Commission proposal on support for rural development in the 2007 to 2013 period. The proposed redefinition responds to the European Court of Auditors' criticism, endorsed by the European Parliament, about the current system. The suggested new methodology would be based on natural conditions, notably soil and climatic factors. The socioeconomic criteria that were taken into account to designate the current eligible areas would no longer apply.

The Commission has accepted that the suggested methodology presents difficulties for member states. However, a revised compromise text circulated by the Presidency on 27 April did not propose any changes to the original text in so far as the disadvantaged areas are concerned. At meetings of the Council of Ministers, I have emphasised that this is an extremely important and sensitive issue. Other member states have done likewise. I will continue to seek a solution that is equitable and in Ireland's interests.

Farm Retirement Scheme.

Denis Naughten

Question:

152 Mr. Naughten asked the Minister for Agriculture and Food her plans to implement the recommendations of the report on the early retirement scheme of the Oireachtas Joint Committee on Agriculture and Food; and if she will make a statement on the matter. [17442/05]

I received the committee's report formally on 7 April and my officials are currently examining it. This report arises from an investigation by the committee of a complaint by a group representing retired farmers. My Department provided the committee with a comprehensive formal written response to the complaint and also attended a meeting of the committee in July 2003 to answer questions from members. The report covers a range of issues, including taxation issues, which are outside my remit. I will address the issues shortly in a formal response to the committee.

I am naturally anxious that the early retirement scheme delivers maximum benefits to retired farmers. However, this is an EU funded scheme and I am constrained by the regulations under which it was introduced. The same group of retired farmers made an identical complaint to the European Commission but the Commission did not uphold it. In other words, the Commission concluded that my Department is administering the scheme correctly and in accordance with the governing EU regulations.

My Department has recently conducted an expenditure review of the current early retirement scheme and copies were laid before the House on 13 April. The expenditure review process was established by the Department of Finance in 1997 in the context of the strategic management initiative. The purpose of the review of the early retirement scheme is to analyse systematically whether the scheme is meeting its objectives and to inform future decisions regarding priorities on expenditure programmes. My Department's review includes a number of conclusions and recommendations that will help to inform my response to the report of the joint committee.

Grant Payments.

Jimmy Deenihan

Question:

153 Mr. Deenihan asked the Minister for Agriculture and Food when beef premium entitlements will be made available to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [17477/05]

The person named submitted three applications under the 2004 special beef premium scheme, in respect of a total of 179 animals. The first application in respect of ten animals was received on 30 April 2004; the second application in respect of 74 animals was received on 16 December 2004; and the third application in respect of 95 animals was received on 31 December 2004. The 60% advance payments in respect of the first and second applications issued on 18 October 2004 and 16 March 2005 respectively.

Following computer validation of the third application, one of the tags was revealed as invalid. This matter has now been satisfactorily resolved and payment of the 60% advance and the interim balance will issue shortly. Interim balancing payments in respect of the first and second applications will also issue at that stage.

Under the 2004 slaughter premium scheme, 19 eligible animals were slaughtered under the herd number of the person named. The 60% advance issued in respect of 11 animals on 19 October 2004, in respect of seven animals on 27 October 2004 and in respect of one animal on 21 December 2004. Balancing payments in respect of all 19 animals will issue shortly.

EU Directives.

Jackie Healy-Rae

Question:

154 Mr. Healy-Rae asked the Minister for Agriculture and Food if she will reconsider the new directive on veterinary medicines and take into account the financial burden it will put on farmers, restricting all veterinary products to the veterinary surgeons only, making them available through prescription; if her attention has been drawn to the widespread distribution of pharmacies and to the fact that the pharmacist is always present, ensuring access to medicines to protect animal welfare when a veterinary surgeon is not available; and if she will make a statement on the matter. [17486/05]

My Department is currently engaged in drafting legislation to transpose EU Directive 2004/28 which is the new framework legislation governing the veterinary medicines regime across Europe. The deadline for transposition is 30 October 2005. The EU legislation includes a general provision that all veterinary medicines for food producing animals should be brought under veterinary prescription control.

Arising from difficulties expressed during the negotiations of the EU measure by Ireland and a small number of other member states, an exemption clause was included in the directive, which provides a mechanism for specific categories of medicines to be excluded from the mandatory prescription requirement. Decisions at EU level on exemptions are required to be taken by 1 January 2007, pending which existing national distribution arrangements may remain in place.

I am aware of the concerns which have been expressed here in Ireland about the potential cost implications for farmers of restricting all medicines to veterinary prescription control. However, as I have indicated, final decisions have yet to be taken and Ireland's approach to the exemption mechanism is to try to keep certain medicines, including certain vaccines, available without prescription. It should be noted that in the interim farmers will continue to be able to get these products without having to obtain a prescription and therefore the need to extend the range of those allowed to prescribe to include, for example, pharmacists does not arise.

Grant Payments.

Olwyn Enright

Question:

155 Ms Enright asked the Minister for Agriculture and Food when payments under the slaughter premium and special beef premium will be awarded to a person (details supplied) in County Tipperary. [17487/05]

The person named submitted 12 applications under the 2004 special beef premium scheme, in respect of 174 animals, of which 163 are payable. The 60% advance payments in the amount of €11,424.60 issued on dates between 19 October 2004 and 28 January 2005.

Following computer validation, it was found that four animals had previously been paid or claimed the premium, three animals were ineligible due to age, one animal was registered as a female and three animals had been sold within the retention period. While it will be necessary to correspond with the person named on each of these issues, it is intended to process the applications on the basis of the findings following computer validation, in order to facilitate early payment of the interim balancing payments.

Under the 2004 slaughter premium scheme, 198 eligible animals were slaughtered under the herd number of the person named. The 60% advance payments in the amount of €9,504 issued on dates between 20 October 2004 and 29 January 2005. Balancing payments under both the special beef premium scheme and the slaughter premium scheme will issue shortly.

Ned O'Keeffe

Question:

156 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if consideration will be given to an application by a person (details supplied) in County Cork under the EU single payment national reserve. [17500/05]

The person named submitted an application for an allocation of entitlements from the single payment scheme national reserve under category B which caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002.

In excess of 17,200 applications have been received under the national reserve at the Department's office in Castlebar and are being processed at present. In view of the number of applications received and the documentation submitted, it will be some time before a decision is reached on whether the person named is entitled to an allocation from the reserve. He will, of course, be notified of the outcome as soon as all applications are processed.

Tom Hayes

Question:

157 Mr. Hayes asked the Minister for Agriculture and Food the position regarding an application by a person (details supplied) in County Tipperary under the single payment scheme. [17501/05]

The person named, having been notified that the circumstances outlined by him 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. The findings of the appeals committee were that the original decision taken by my Department should be upheld.

However, my Department has now obtained additional information regarding the circumstances of this case and is satisfied that force majeure should be applied. As a result, the years 2000 and 2001 will be excluded and the single payment entitlement will be based on the year 2002 only, as this is the most financially beneficial position. The person named was notified of this decision on 23 May 2005. An updated statement of provisional entitlements reflecting this position also issued to the person named on 23 May 2005.

The person named also submitted an application for an allocation of entitlements from the single payment scheme national reserve under categories B and C. Category B caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002. Category C caters for farmers who, between 1 January 2000 and 19 October 2003, sold their milk quota into the milk quota restructuring scheme and converted their enterprise to a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002.

The rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the reserve may only receive an allocation of entitlements under whichever category is most beneficial to him or her. In excess of 17,200 applications have been received under the national reserve at the Department's office in Castlebar and are being processed at present. In view of the number of applications received and the documentation submitted, it will be some time before a decision is reached on whether the person named is entitled to an allocation from the reserve. He will, of course, be notified of his eligibility or otherwise as soon as all applications are processed.

Land Reclassification.

Sean Fleming

Question:

158 Mr. Fleming asked the Minister for Agriculture and Food when an application (details supplied) for a fiated purchase agreement will be completed by the records branch of the land services division in respect of lands in County Laois. [17518/05]

A certified copy of the purchase agreement is held at the records branch of my Department and will be issued on receipt of the relevant fee, which has been requested from the applicant's solicitor.

Grant Payments.

Willie Penrose

Question:

159 Mr. Penrose asked the Minister for Agriculture and Food if a person (details supplied) in County Westmeath will have a new afforestation grant cheque issued; and if she will make a statement on the matter. [17573/05]

It is expected that the replacement cheque will issue within the next week.

Land Purchases.

Michael Lowry

Question:

160 Mr. Lowry asked the Minister for Agriculture and Food the number of farmers who have sold land to purchase other land each year from 1997 to 2005. [17581/05]

Since 1997 numbers of agricultural land transactions have been as shown in the table.

Year

No. of transactions

1997

918

1998

593

1999

793

2000

1,058

2001

673

2002

648

2003

857

The Central Statistics Office, however, does not collect details on farmers' reasons for selling land, that is, whether it was for the purpose of purchasing other land or any other reason. I am also informed by the Revenue Commissioners that figures are not captured in such a way as to provide a dedicated basis for compiling estimates of the number of farmers who sold land to facilitate the purchase of other land.

Afforestation Programme.

Denis Naughten

Question:

161 Mr. Naughten asked the Minister for Agriculture and Food her Department’s plans to achieve the national forestry planting target of 20,000 hectares per annum; and if she will make a statement on the matter. [17583/05]

A planting target of 20,000 hectares per annum was established in the 1996 strategy document, Growing for the Future. The review of that strategy, produced by Peter Bacon and Associates and published in September 2004, reaffirmed the need for an approved planting target of 20,000 hectares per annum but commented that a lesser planting target could be a viable basis for support, providing the planting were undertaken in a manner that maximised the non-timber benefits.

I believe that the current availability of grant aid at 100% for planting and the annual premia, particularly the concession obtained regarding the stacking entitlements vis-à-vis the single payment scheme, make forestry a very attractive land use option for farmers. For 2005, I have made sufficient funds available to support an increased planting programme of some 15,000 hectares, which is the maximum the sector could deliver at present. However, that is a demand driven scheme and the level of planting ultimately achieved this year will depend entirely on take-up from the sector, in particular from farmers.

Farmed Deer.

Bernard J. Durkan

Question:

162 Mr. Durkan asked the Minister for Agriculture and Food the position regarding deer farming; if an increase or decrease is indicated; and if she will make a statement on the matter. [17622/05]

The farmed deer population in Ireland stands at nearly 50,000 animals on some 300 units, producing almost 800 tonnes of venison annually. Deer numbers have increased by 10% since 1994. About 70% of production is exported to markets in Denmark, the UK and the US. Fallow deer are exported to Denmark, while red deer are supplied to the supermarket chains in Ireland and the UK and also to restaurants at home and in the US. There is severe competition from larger, lower cost producers abroad, especially Scotland and New Zealand, which influences price.

Irish venison is a specialised high quality product that has established good quality markets at home and abroad. The structure of deer farming has altered over the last ten years. The average deer enterprise has increased in scale from six to ten hectares, while the average breeding herd has risen almost twofold, from 48 to 88. While there may be fewer enterprises today, they are larger, more specialised and moving towards quality assured high value product outlets.

The development of a quality assured venison scheme has improved the marketing potential of Irish venison, especially in supermarkets, and it is expected that the trend will continue. Approximately 100 deer farms are now quality assured.

Farm Retirement Scheme.

Bernard J. Durkan

Question:

163 Mr. Durkan asked the Minister for Agriculture and Food the position with farm retirement pensions; the number of applications on hand or pending; the number approved in the past 12 months; and if she will make a statement on the matter. [17623/05]

A total of 2,641 applications have been received under the current early retirement scheme since its introduction in November 2000. Of those, 64 are currently being processed. In the period from 1 May 2004 to 20 May 2005, a total of 327 applications were approved and nine rejected.

Purchase for Destruction Scheme.

Bernard J. Durkan

Question:

164 Mr. Durkan asked the Minister for Agriculture and Food the number of bovine animals destroyed in the course of the beef destruct scheme; the numbers remaining; and if she will make a statement on the matter. [17624/05]

The combined total of animals destroyed under both the purchase for destruction and special purchase schemes is 492,860. The carcasses of all animals slaughtered under those schemes have been rendered and incinerated in line with the terms of the scheme.

Farm Household Incomes.

Bernard J. Durkan

Question:

165 Mr. Durkan asked the Minister for Agriculture and Food the number of full-time farmers reliant on farm income; the number of part-time farmers relying on off-farm income; the extent to which these numbers have fluctuated in the past ten years and are likely to alter in the future; and if she will make a statement on the matter. [17625/05]

According to the CSO, the number of full-time farmers, that is, farmers whose sole occupation is farming, declined from 106,000 in 1993 to 76,200 in 2003. In the same period, the number of part-time farmers or farmers who have another either major or subsidiary occupation increased from 52,900 to 58,900.

The agri-vision 2015 committee indicated in its report that it believed the trend to part-time farming, using a somewhat different definition from the CSO, will continue. The ongoing trend towards part-time farming reflects a combination of factors, including the increased availability of off-farm employment. Many smaller farmers are finding that combining farming with off-farm employment is an effective way to ensure their viability on the land. At the same time, full-time farmers are looking to the new flexibility offered to them under decoupling to develop and intensify their commercial farm enterprises.

Common Agricultural Policy.

Bernard J. Durkan

Question:

166 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself that the agri-sector is capable of meeting the increased challenges on the world markets with particular reference to the reduction in subsidies; and if she will make a statement on the matter. [17626/05]

The framework agreement for the next WTO round, which was concluded in Geneva in August 2004, commits member countries to agree detailed rules, including an end date, for the parallel elimination of all forms of export subsides and for the introduction of disciplines on all export measures with equivalent effect. That agreement covers export refunds, export credits, the trade distorting practices of state trading enterprises, and food aid not in conformity with disciplines to be introduced.

The detailed implementation of that framework is the subject of ongoing negotiation at technical and political level and is likely to conclude at the WTO ministerial conference in Hong Kong in December 2005. My objective in the negotiations is to ensure that Ireland remains competitive on world markets, and I am satisfied that the framework agreement represents satisfactory progress from our point of view. My aim is to ensure the parallel phasing out of all forms of export subsidies, as provided for in the framework agreement, and that the phasing out period be as long as possible.

Meat Exports.

Bernard J. Durkan

Question:

167 Mr. Durkan asked the Minister for Agriculture and Food the countries with which Ireland has established export markets in respect of beef, lamb, pigmeat or poultry products; the extent of the growth of such markets in recent times; and if she will make a statement on the matter. [17627/05]

In recent years, the focus of the Irish beef industry has been 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. Effective promotion and marketing of beef by Bord Bia and the industry has ensured a presence for top quality Irish beef in all the key European markets. This includes supply arrangements with multiples and the main retailers in the UK, France, Italy and the Netherlands.

Table 1 shows Irish beef exports to markets in thousands of tonnes for the last five years.

Table 1.

2000

2001

2002

2003

2004

France

40

13

16

20

24

Italy

30

11

22

35

40

Netherlands

30

26

30

39

41

UK

110

220

245

251

264

Other EU

35

22

42

68

69

Total EU

245

292

355

413

438

Russia

7

43

83

76

47

Egypt

150

0

0

1

1

Other non-EU

93

5

7

5

7

Total 3rd Countries

250

48

90

82

55

Overall Total

495

340

445

495

493

The traditional export market for Irish lamb is France, which accounts for the majority of sheepmeat exports. Bord Bia organises regular campaigns to promote the consumption of Irish lamb, particularly on the French market where there is strong competition from the UK and New Zealand. Table 2 shows Irish sheepmeat exports in thousands of tonnes for the last five years.

Table 2.

2000

2001

2002

2003

2004

France

41

42

33

30

32

UK

5

6

7

9

12

Germany

2

2

2

2

2

Belgium

2

7

2

2

1

Other EU

5

4

4

4

6

Total EU

55

61

48

47

53

Total 3rd Countries

1

1

1

Overall Total

55

62

49

47

54

For pigmeat the main export market is the UK but Irish pork and bacon is exported to a wide range of countries worldwide including all the key pigmeat importing countries. Due to reduced pig output in recent years less product has been available for export. Table 3 shows Irish pigmeat exports to markets in thousands of tonnes for the last five years.

Table 3.

2000

2001

2002

2003

2004

UK

66

66

68

61

62

Germany

15

19

14

12

13

France

8

14

7

4

3

Italy

5

8

6

4

3

Other EU

4

13

8

8

8

Total EU

98

120

103

89

89

Japan

12

3

3

6

8

USA

2

1

5

12

6

Russia

6

8

7

7

Other non-EU

8

1

5

4

5

Total 3rd Countries

22

11

21

29

26

Overall Total

120

131

124

118

115

Poultry meat exports consist primarily of processed poultry products, which often use imported meat as raw material, and cuts of domestically produced poultry for which there is little demand in this country. Table 4 shows Irish poultry meat exports, including processed poultry, for the last five years in thousands of tonnes.

Table 4.

2000

2001

2002

2003

2004

UK

46

59

64

68

76

Other EU

25

11

10

11

11

Total EU

71

70

74

79

87

Total 3rd Countries

7

7

8

8

6

Overall Total

78

77

82

87

93

Meat Imports.

Bernard J. Durkan

Question:

168 Mr. Durkan asked the Minister for Agriculture and Food the number of EU and non-EU countries from which various meat and meat products are imported; the extent of the growth in this market; and if she will make a statement on the matter. [17628/05]

The Central Statistics Office is responsible for the collection of statistics on 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 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.

Imports of Beef/Beef Products — EU and Non-EU Countries.

Year

No. of EU Countries

Tonnes

No. of Non-EU Countries

Tonnes

2000

11

7,448

4

2403

2001

11

9,376

16

8,385

2002

11

8,048

9

4,998

2003

12

8,612

10

5,522

2004

12*

15,725

5

6,662

*Includes New Member States from 1 May 2004.

Imports of Pigmeat/Pigmeat Products — EU and Non-EU Countries.

Year

No. of EU Countries

Tonnes

No. of Non-EU Countries

Tonnes

2000

12

36,934

14

271

2001

11

43,136

11

672

2002

15

48,225

9

62

2003

12

54,154

8

70

2004

15*

64,951

6

253

*Includes New Member States from 1 May 2004.

Imports of Mutton/Mutton Products — EU and Non-EU Countries.

Year

No. of EU Countries

Tonnes

No. of Non-EU Countries

Tonnes

2000

6

1,433

4

499

2001

7

1,246

3

624

2002

6

1,082

5

778

2003

7

913

4

712

2004

7

1,786

6

772

Imports of Poultry/Poultry Products — EU and Non-EU Countries

Year

No. of EU Countries

Tonnes

No. of Non-EU Countries

Tonnes

2000

12

44,418

11

774

2001

9

44,419

11

3,568

2002

9

46,171

13

2,809

2003

9

52,793

16

3,243

2004

11*

50,777

10

4,727

*Includes New Member States from 1 May 2004.

Ireland's total annual production of beef in 2004 amounted to 558,000 tonnes, with 500,000 tonnes exported representing some 90% of our total annual production. Imports form part and parcel of international trade in which Ireland has a very substantial positive balance. With regard to the sheepmeat sector, imports are small in comparison with exports of 54,000 tonnes in 2004, amounting to 4% overall. Ireland is a net exporter of pigmeat to the tune of around 60,000 tonnes. We are also a net exporter of poultry when processed poultry products are taken into account, for example, in 2004, 93,000 tonnes of poultry and poultry products were exported whereas 56,000 tonnes were imported.

Imported meat and meat 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; traceability and labelling in accordance with the systems approved by the EU Food and Veterinary Office 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 meat and meat 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 meat and meat products must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production and 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, or BIP, that has been approved by the FVO and must undergo documentary, identity and physical checks. These latter tasks are carried out at frequencies laid down in EU law. In Ireland, BIPs approved for the processing of imports of meat and meat 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 meat and meat 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.

Bernard J. Durkan

Question:

169 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself that all meat, fish and poultry imports are fully compliant with national and EU standards in respect of production, processing and traceability; and if she will make a statement on the matter. [17629/05]

Bernard J. Durkan

Question:

171 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself that all food imports are adequately labelled and traceable; and if she will make a statement on the matter. [17631/05]

I propose to take Questions Nos. 169 and 171 together.

Detailed EU legislation lays down the conditions that member states must apply to the production of and trade in products of animal origin, including fish, 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 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 member states. All such imports must come from third countries or areas of third countries approved for export to the EU. 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; 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; traceability and 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, or BIP, that has been approved by the FVO and must undergo documentary, identity and physical checks. These latter checks 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.

While responsibility for general controls in the area of marketing of fish and fish products lies with the Department of my colleague the Minister for Communications, Marine and Natural Resources, under a special arrangement with that Department and in accordance with authorisations issued by the Minister, officers of my Department, with the co-operation of the sea fishery control officers, administer the BIP controls on third country imports. Once it has been established that an 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.

Food Labelling.

Bernard J. Durkan

Question:

170 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself that all food exports from this country are fully labelled and traceable; and if she will make a statement on the matter. [17630/05]

All food produced under the control of my Department is subject to checks to ensure that it complies with relevant EU food labelling and traceability legislation. The requirements are as follows. In the case of fresh meat, carcasses, half carcasses or half carcasses cut into no more than three wholesale cuts and quarters intended to be placed on the market for human consumption must bear the EC health mark, including the name of the country of origin. In the case of packaged cut meat, the health mark must be applied to a label fixed to the packaging or printed on the packaging in such a way that it is destroyed when the packaging is opened. The EC health mark allows meat produced in export approved premises to be traced back to the plant of origin.

Raw milk, heat treated milk and milk based products must be labelled, without prejudice to the provisions of Directive 79/112/EEC, in accordance with the conditions governing labelling contained in Council Directive 92/46/EEC which includes the necessity to apply an EC health mark containing the name of the country of origin.

Question No. 171 answered with QuestionNo. 169.

Court Sittings.

Jim O'Keeffe

Question:

172 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform his proposals to amend and update the Juries Act 1976, with particular reference to the €63 fine for non-attendance, exemptions from obligation to attend and the provision of bailiffs’ arrangements for the looking after of juries particularly when they are accommodated overnight. [17447/05]

I have in course of development a set of legislative proposals among which I propose to include provisions dealing with some necessary modifications to the Juries Act 1976. These modifications include the issue of the sequestration of juries, aspects of exemptions and exclusions from jury service and the question of penalties for non-attendance for jury duty.

Visa Applications.

Liam Twomey

Question:

173 Dr. Twomey asked the Minister for Justice, Equality and Law Reform the reason a visitor’s visa was refused on two occasions and on appeal to a person (details supplied). [17450/05]

The Deputy refers to two visa applications in his question but he has only supplied a single reference number. Based on the name and date of birth of the applicant my officials were able to locate the previous application. A previous application, No. 1353245, was refused by my Department on 11 June 2003. The applicant had applied for a visa for her elderly father to join her in the State as a dependent but there is no provision under Irish law for the granting of visas under these circumstances to the relatives of non-EEA nationals resident in the State. Consequently, my Department was required to refuse the application.

The most recent application, No. 1357878, for a limited term visa, was refused by my Department on 4 November 2004. The visa officer examining the application noted that the reference's permission to remain in the State had expired on 24 October 2004. Consequently, it would not have been appropriate to issue a visa to the applicant. The visa officer was unable to conclude, based on the evidence supplied, that the applicant would necessarily observe the conditions of the visa applied for, such as the condition that he would not seek to overstay illegally in the State. Neither was the visa officer able to establish that the applicant had sufficient economic, social or professional ties in his country of origin to guarantee his return.

An appeal was subsequently received in respect of this application. The accompanying documentation included evidence that the reference's permission to remain in the State had been extended for a further two years. However, the appeal failed to address the concerns raised with regard to observing the conditions of the visa and obligations to return. In fact, a letter from the reference that was included with the appeal states: "I declare that my father or myself do not have any economic, social or professional ties or other obligations in our country or origin".

Consequently the visa application was refused on appeal on 21 January 2005. As each application is entitled to only one appeal, no further action on this application can be facilitated.

Garda Strength.

Bernard Allen

Question:

174 Mr. Allen asked the Minister for Justice, Equality and Law Reform the manpower and the population cover in each of the Garda districts in Cork city and county. [17473/05]

I have been informed by the Garda authorities that the personnel strength of each Garda district in Cork city and county as of 23 May 2005, and the corresponding population figures, formulated from statistics gathered for the 2002 census population, were as set out in the table.

District

Strength

Population

Cork City Division:

Anglesea St

295

36,657

Gurranabraher

93

49,798

Mayfield

106

36,507

Togher

129

86,084

Cork West Division:

Bandon

88

32,344

Bantry

41

19,519

Clonakilty

45

25,578

Kanturk

41

21,851

Macroom

38

22,967

Cork North Division:

Cobh

54

35,247

Fermoy

68

27,640

Mallow

57

28,774

Midleton

66

33,222

Anglesea Street Garda station is the divisional headquarters for the Cork City division. It is also the regional headquarters for the southern division. Anglesea Street station polices Cork city centre and this relates to the resident population only and does not include people who socialise, shop or work in the city centre.

Bernard Allen

Question:

175 Mr. Allen asked the Minister for Justice, Equality and Law Reform the manpower and the population cover in each of the Garda districts in Dublin city and county. [17474/05]

I have been informed by the Garda authorities that the personnel strength of each Garda district in Dublin city and county as of 23 May 2005, along with the corresponding population figures, formulated from statistics gathered for the 2002 census, was as set out in the table.

District

Strength

Population

D.M.R. South Central Division:

Pearse St.

328

17,972

Kevin St.

200

42,505

Donnybrook

178

42,262

D.M.R. Southern Division:

Crumlin

153

59,513

Tallaght

250

128,412

Rathmines

165

55,273

D.M.R. Northern Division:

Santry

239

55,595

Coolock

204

110,594

Raheny

174

86,504

D.M.R. West Division:

Blanchardstown

310

116,099

Lucan

184

59,292

Ballyfermot

185

68,190

D.M.R. North Central Division:

Store St.

267

12,485

Fitzgibbon St.

205

37,626

Bridewell

169

23,033

D.M.R. East Division:

Dun Laoghaire

201

72,169

Bray

182

68,658

Blackrock

175

83,499

Louth/Meath Division:

Balbriggan

57

38,448

I am 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 agreed programme for Government. 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 draw up plans on how to distribute and manage these additional resources. In this context, the needs of each Garda district in Dublin city and county will be fully considered within the context of the needs of Garda districts throughout the country. The additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies 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 significantly increase the number of gardaí allocated to traffic duties as part of the new Garda traffic corps. The additional gardaí will not be put on administrative duties. They will be put directly into front line, operational, high visibility policing and they will have a real impact.

Visa Applications.

Denis Naughten

Question:

176 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the reason for the refusal of a visa to a person (details supplied). [17502/05]

The reference number, 180019, supplied by the Deputy is incorrect. I understand he refers to application number 1800190 which was refused by my Department on 13 May 2005. The applicant was issued with written notification of the reasons for refusal by my Department on 19 May 2005.

When assessing any visa application, the visa officer must consider various matters including, for example, whether it is reasonable in all the circumstances to conclude that the applicant's stated purpose of visit to the State is the true purpose of the visit, that he or she will comply with the terms of a visa and that he or she is unlikely to breach the common travel area by using Ireland as a means of gaining entry to the UK.

In assessing these issues, the visa officer will have regard to such factors as the applicant's ties and general circumstances in the country of origin and to his or her immigration history. In this regard, it was noted that the person in question had been refused a visa for the UK. The visa officer was unable to conclude, based on the person's immigration history and a lack of evidence to demonstrate that he would observe the conditions of an Irish visa, that it was reasonable to grant a visa in the circumstances.

Registration of Title.

Denis Naughten

Question:

177 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the position in regard to an application to the Land Registry Office (details supplied); when this application will be completed; and if he will make a statement on the matter. [17503/05]

I am informed by the Registrar of Titles that this is an application for transfer of part sale or open new folio which was lodged on 25 May 2004. Dealing number D2004CR005118P refers. I am further informed that this application was rejected on 18 August 2004. However, I understand the application was re-lodged on 7 September 2004, under dealing number 2004CR008527V. This application was completed on 2 February 2005 and a new folio was opened in the applicant's name.

Deportation Orders.

Aengus Ó Snodaigh

Question:

178 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he is aware that a person (details supplied) who was deported on 19 May 2005 had an appeal pending against the refusal of asylum; and, if so, the grounds on which due process was set aside in this instance. [17510/05]

Aengus Ó Snodaigh

Question:

179 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that those who observed a person (details supplied) being detained by the Garda on 19 May 2005 state that he was first bundled into a room, from which screams were heard, and then manhandled to awaiting transport in handcuffs with a bloodied face; and his views on whether this is appropriate conduct for the Garda. [17511/05]

Aengus Ó Snodaigh

Question:

180 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if there was a medical examination of a person (details supplied) while in Garda custody on 19 May 2005 prior to deportation; if so, the results of same; and the action he will take if it found evidence of an assault. [17512/05]

Aengus Ó Snodaigh

Question:

181 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the steps that were taken to identify a person (details supplied) as the person whom the Garda sought before he was deported on 19 May 2005; the measures that were taken to ensure all legal proceedings by this person had been completed; and if he will consider having this person returned here to allow due process to conclude. [17513/05]

Aengus Ó Snodaigh

Question:

182 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the agencies that were contacted in regard to the case of a person (details supplied); if this person’s solicitor was contacted, allowed access or informed in any way regarding events affecting his client. [17514/05]

I propose to take Questions Nos. 178 to 182, inclusive, together.

The person concerned, a Nigerian national, arrived in the State on 13 February 2005 and claimed asylum. The application of the person concerned was refused by the Office of the Refugee Applications Commissioner and he was notified of this recommendation by letter dated 4 March 2005. His subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and he was notified of this recommendation by letter dated 7 April 2005.

He was notified of the decision to refuse him refugee status by letter dated 8 April 2005 in which he was informed of the three options open to him at that point. These were to leave the State before his case was considered for deportation, consent to the making of a deportation order in respect of him or make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out the reasons he should not be deported, that is, why he should be allowed to remain temporarily in the State.

His case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, prohibition of refoulement, including consideration of representations received on his behalf from the refugee legal service for temporary leave to remain in the State. On 13 May 2005, a deportation order was made in respect of him. Notice of the order was served on him by a member of the Garda national immigration bureau on 18 May 2005. One of the requirements of the notice was that he must co-operate fully with the Garda in facilitating his removal from the State. He informed the attending gardaí that he would not co-operate with them in returning him to Nigeria. A decision was then made to arrest and detain him pursuant to section 5(1) of the Immigration Act 1999, as amended by the Illegal Immigrants (Trafficking) Act 2000.

I am informed by the Garda Commissioner that when gardaí went to arrest the person concerned, he attempted to throw himself head first out of a first floor window and had to be physically restrained to prevent him from so doing. During the course of the incident he received a superficial abrasion to his scalp which did not require medical attention. He was conveyed to Cloverhill Prison, where he was detained overnight pending his removal from the State. He was deported to Lagos on a scheduled flight, via Schipol Airport, Amsterdam, on Thursday, 19 May 2005.

Throughout this person's asylum process, his legal representatives were kept informed of its progress. There was no appeal pending at the time of his deportation. There is no basis for stating that due process was set aside in this instance and the question of revoking the deportation order in this case does not arise. I emphasise that this application was processed in accordance with arrangements for the speedier processing of asylum applications for applicants from certain prioritised countries, including Bulgaria, Croatia, Nigeria, Romania and South Africa. These arrangements took effect from 25 January 2005 and I expect many other cases to be dealt with as expeditiously as this one in the coming months.

Garda Investigations.

Joan Burton

Question:

183 Ms Burton asked the Minister for Justice, Equality and Law Reform if he will make a statement on recent media reports on the shooting dead of a person (details supplied); the steps the Garda is taking to identify the perpetrators and reassure residents of the Dublin 15 area regarding their safety from the violent crimes and shootings which have occurred in the area in recent times. [17567/05]

I am informed by the Garda authorities that the incident to which the Deputy refers is the subject of a major ongoing Garda investigation that encompasses several Garda divisions and specialised Garda units. I am further informed that this investigation has, to date, led to a number of arrests and that it is anticipated that more arrests will follow as further progress is made. The Garda investigation team is aware that, as reported in the national press, the family of the victim has made certain approaches to prominent individuals in regard to the alleged involvement of unlawful organisations in this incident. Garda inquiries are continuing in this regard.

In regard to reassuring residents of the Dublin 15 area, I am also informed by the Garda authorities that the level of both Garda foot and mobile patrols has been increased and that the area is also the subject of intensive policing activity, in accordance with the operational goals of both Operation Crossover and Operation Anvil. Moreover, local gardaí will continue to liaise with residents and residents groups and associations in the area to ensure their concerns are met.

Garda Strength.

Joan Burton

Question:

184 Ms Burton asked the Minister for Justice, Equality and Law Reform the number of gardaí allocated to each Dublin Garda station from 1998 to date; the population covered by each station; the number of community gardaí allocated to Blanchardstown Garda station; and the rank of same. [17568/05]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources including personnel, that the personnel strength in regard to all ranks in each Garda station in the Dublin metropolitan region as at 31 December for 1997 to 2004 and at 24 May 2005, as well as the population covered by each station, formulated from the figures gathered in the 2002 census, are set out in the following tables.

Station

’97

’98

’99

’00

’01

’02

’03

’04

24 May 2005

Population

Pearse Street

231

215

215

221

216

214

238

252

248

10,402

Harcourt Terrace

91

93

84

84

80

79

74

77

80

7,570

Kevin Street

124

122

113

116

117

117

117

119

119

23,557

Kilmainham

75

87

101

97

76

76

73

81

81

18,948

Donnybrook

126

129

126

120

116

114

123

125

125

24,511

Irishtown

60

59

57

59

54

49

55

57

53

17,751

Crumlin

82

85

83

84

86

88

83

87

89

36,358

Sundrive Road

54

57

52

56

58

57

60

65

64

23,165

Rathfarnham

63

57

63

63

67

74

71

76

73

53,927

Tallaght

133

139

142

159

159

159

165

173

177

74,485

Rathmines

90

90

76

79

81

67

72

72

71

32,478

Terenure

49

46

60

67

66

84

86

91

94

22,795

Santry

93

87

78

77

83

91

105

107

119

20,537

Whitehall

45

42

38

43

40

40

40

35

32

14,731

Ballymun

57

57

56

63

64

64

63

65

63

20,312

Dublin Airport

50

48

56

57

58

19

23

24

25

15

Coolock

93

89

93

89

85

84

87

84

92

47,918

Malahide

43

39

39

44

43

43

40

40

41

25,393

Swords

45

44

49

52

54

57

56

68

71

37,283

Raheny

64

59

61

63

61

64

60

66

65

25,799

Clontarf

57

59

56

56

60

64

62

69

65

39,422

Howth

30

34

35

37

39

41

42

44

44

21,283

Blanchardstown

89

94

104

106

124

132

140

152

167

70,661

Cabra

82

76

80

83

76

76

66

63

61

21,044

Finglas

76

83

90

88

78

78

70

74

82

24,394

Lucan

58

61

57

67

75

73

65

74

70

29,419

Leixlip

11

16

19

21

18

24

26

28

26

15,089

Ballyfermot

72

71

66

77

75

73

77

76

76

26,782

Clondalkin

56

51

62

63

66

82

81

82

83

31,392

Ronanstown

58

65

63

65

66

72

79

81

87

24,784

Rathcoole*

17

19

19

23

21

23

28

26

10,016

Store Street

231

227

234

233

228

225

260

269

267

12,485

Fitzgibbon Street

120

118

114

113

112

116

119

119

118

11,553

Mountjoy

78

84

80

75

77

82

86

91

87

26,073

Bridewell

156

157

167

167

155

157

164

166

162

23,033

Dún Laoghaire

109

110

104

107

109

106

90

104

104

9,842

Dalkey

27

23

23

23

23

29

28

26

26

15,163

Kill-O-Grange

35

35

38

36

33

36

37

35

32

23,587

Cabinteely

42

42

46

49

41

39

40

41

39

23,577

Bray

76

74

76

77

77

79

75

85

84

30,390

Enniskerry

6

7

7

6

6

5

5

5

5

3,455

Shankill

50

48

53

53

48

53

55

61

63

19,315

Greystones

28

28

28

28

26

28

29

28

30

15,488

Blackrock

71

75

75

75

74

66

66

68

73

31,853

Dundrum

62

57

51

53

62

69

65

68

70

40,202

Stepaside

40

40

42

42

37

36

32

31

32

11,444

* In 1997 Rathcoole formed part of the Carlow-Kildare division.

There are currently two sergeants and 16 gardaí allocated to community policing duties on a full-time basis at Blanchardstown Garda station. In regard to Garda resources generally, the Deputy is aware that in October 2004, the Government approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the 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 Garda Commissioner will now draw up plans on how best to distribute and manage these additional resources and the needs of each Dublin Garda station will be considered in the context of the needs of Garda stations around the country. Clearly, the additional resources will be targeted at the areas of greatest need, as envisaged in the programme for Government. The programme focuses in particular on areas with a significant drugs problem and a significant number of public order offences.

However, it will be possible to address other priorities, such as the need to increase significantly 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 but will be placed directly into frontline, operational, high visibility policing where they can have a real impact.

Crime Levels.

Joan Burton

Question:

185 Ms Burton asked the Minister for Justice, Equality and Law Reform the number of murders which have been committed in the Dublin 15 area each year from 1998 to date; the number which were the result of shootings; the number of persons who have been prosecuted; and the number of convictions which have been obtained. [17569/05]

It has not been possible within the timeframe allowed to collate the information required by the Deputy. I will contact the Deputy directly when this information is to hand.

Residency Permits.

Tony Gregory

Question:

186 Mr. Gregory asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) in Dublin 7 to remain here. [17570/05]

The person concerned has been granted leave to remain in the State for a period of one year. This has been conveyed to him in a letter dated 24 May 2005. Upon receipt of this letter the person concerned is advised to contact the Garda national immigration bureau, 13 and 14 Burgh Quay, Dublin 2, to obtain the appropriate registration.

Citizenship Applications.

Pat Carey

Question:

187 Mr. Carey asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for naturalisation by a person (details supplied) in County Dublin; and if he will make a statement on the matter. [17571/05]

An application was received by my Department regarding the person to whom the Deputy refers on 11 October 2004. The average time for processing applications for naturalisation is 24 months. However, as the processing of applications made on behalf of minors is less complex than those made by adults, the processing time for such applications can be significantly shorter. I will inform the Deputy and the applicant of my decision on this application as soon as the process has been completed.

Liquor Licensing Laws.

Michael Lowry

Question:

188 Mr. Lowry asked the Minister for Justice, Equality and Law Reform if he will consider extending the deadline for receipt of a submission (details supplied); and if he will make a statement on the matter. [17599/05]

The position is that while I have invited organisations and private individuals to submit their views or suggestions on all or specific parts of the proposed Intoxicating Liquor Bill by 31 May 2005, I will take account of submissions received within a short period after that date.

Residency Permits.

Denis Naughten

Question:

189 Mr. Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 689 of 12 April 2005, the status of the residency application; and if he will make a statement on the matter. [17600/05]

The person in question made an application for permission to remain in the State based on marriage to an Irish national. A request for further documentation to enable the processing of the application issued on 10 May 2005 and a reply is still awaited. On receipt of the information requested the case will then be finalised within a short period of time.

Garda Deployment.

Tony Gregory

Question:

190 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of community gardaí allocated to an area (details supplied) in Dublin 7; the areas which they cover; the plans to make additional community gardaí available; and if he will make a statement on the matter. [17601/05]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources including personnel, that the current personnel strength of the community policing unit at Cabra Garda station is four. Garda authorities have also informed me that two of these gardaí are deployed on a full-time basis to the Navan Road area, encompassing Ashington, Kinvara, Ashtown, Darling, Kempton and their environs. Local Garda management reviews the deployment of personnel on an ongoing basis and is satisfied with the current deployment of community gardaí in the area.

Garda Operations.

Tony Gregory

Question:

191 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if a green space and lane (details supplied) in Dublin 7 which attract nightly anti-social behaviour and public drinking by gangs of youths will be prioritised by patrolling community gardaí so that gangs will be moved on and will not cause concern to residents late at night. [17602/05]

I understand from the Garda authorities that the lane referred to is controlled by means of locked gates at both ends and that this area is subject to regular foot patrols from personnel from Cabra Garda station. They are assisted by mobile uniform and plain clothes patrols. There is no green space near the area referred to.

Under Age Drinking.

Tony Gregory

Question:

192 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the Garda’s attention has been drawn to concerns of local residents that an off-licence premises (details supplied) in Dublin 7 is the source of alcohol for groups of under age youths; and if he will make a statement on the matter. [17603/05]

I have been informed by the Garda authorities that the premises referred to have been brought to the attention of the gardaí by local residents. The premises have been subject to Garda surveillance on a number of occasions and no evidence was found of the supply of alcohol to under age youths. I am assured by the Garda authorities that the area concerned is subject to ongoing foot and mobile patrols by uniform and plain clothes gardaí.

Tony Gregory

Question:

193 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the Garda authorities will ensure that licensed premises in an area (details supplied) adjacent to Croke Park will not be permitted to serve alcohol to large crowds of match attendants on the public paths and roads outside these premises; and if he will make a statement on the matter. [17604/05]

I have been informed by the Garda authorities that local Garda management held a seminar in March 2005 for all licensees from the area concerned. Licensees were invited to take an active role in ensuring that no drinking took place on the unlicensed areas outside their premises. Furthermore, gardaí on duty at events are directed to pay attention to such activity and bring the matter to the immediate attention of the licensee or person in charge. I understand that regular foot and mobile patrols give the matter appropriate attention during their tour of duty. I am assured by the Garda authorities that gardaí will continue to give the matter their ongoing attention.

Garda Operations.

Tony Gregory

Question:

194 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the Garda authorities’ attention has been drawn to the request of a residents’ association (details supplied) in Dublin 9 that a Garda cordon be extended to include an area of Dublin 9 on major match days in Croke Park in which residents are regularly prevented from free movement by parked cars obstructing them and the lack of Garda resources to remove illegally parked vehicles; and if he will make a statement on the matter. [17605/05]

I understand from the Garda authorities that local Garda management is aware of the concerns of residents in the area. I understand that in addition to the issuing of fines on the spot to illegally parked vehicles, vehicle clamping and the towing away of such vehicles by Dublin street parking services, a Garda tow truck is employed on match days to tow away illegally parked vehicles in the area. The Garda authorities are not considering an extension of the Garda cordon to the area on major match days.

Road Traffic Accidents.

Richard Bruton

Question:

195 Mr. Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that there is no requirement for the insurance of horse drawn carriages which are used for taxi and tourist purposes on public streets and that persons who sustain injury as a result of an accident caused by a horse have no means of recovering compensation; and if he will take action to remedy this defect in the law. [17635/05]

The regulations governing the operation of horse drawn carriages are contained in the Dublin Carriages Acts 1853-55. I am informed by the Garda authorities that they issue licences to the proprietors of horse drawn vehicles each year. All carriages and horses are brought to the Carriage Office by their owners for inspection before such a licence is issued. While there is no legal obligation to have insurance on these vehicles, nor is it mandatory, I would consider it prudent for any business concern to have appropriate insurance cover. The decision is, ultimately, a matter for the individuals concerned. The question of recovering compensation in respect of damage to property or injury to persons would, of course, be a matter for parties concerned and open to civil suit.

Censorship of Films.

Gay Mitchell

Question:

196 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the censor of films is fulfilling his responsibilities; and the opportunities which exist for parents to have their concerns listened to regarding the certification of a film (details supplied). [17636/05]

I am satisfied that the film censor is fulfilling his responsibilities. The film censor has in place a range of mechanisms which enable parents and others to express their views on film classification and certification. These include the holding of regular focus group consultations comprising parents, educators, students, psychologists, psychiatrists, other experts and representative organisations such as the National Parents Council; the establishment of a website, www.ifco.ie, which I launched on 3 September 2004 and which provides consumer advice to parents on the content of every film; a major national survey of parents carried out by Lansdowne Market Research and a survey on adolescent attitudes to film classification.

The Deputy may be interested in the results of the survey of parents, in which two out of three parents said they regularly agreed with the film censor's classification. Of the one in three who said they sometimes disagreed with the classifications, a majority felt such classifications were too strict.

On the film "9 Songs", the Deputy should note that there is no ministerial power of direction or overriding authority to vary a decision made by the film censor. I have, however, drawn the censor's attention to the complaints I have received concerning the film and I have done the same with this parliamentary question.

Garda Investigations.

Caoimhghín Ó Caoláin

Question:

197 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the full cost to date of investigations (details supplied); and the amount of legal costs, overtime and expenses claimed by gardaí on these matters. [17640/05]

I refer the Deputy to my reply to Questions Nos. 315 and 328 of 24 May 2005 on this matter.

Tribunals of Inquiry.

Caoimhghín Ó Caoláin

Question:

198 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the input which the Garda Commissioner had in the appointment of a person (details supplied) to the Morris tribunal. [17641/05]

Caoimhghín Ó Caoláin

Question:

199 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the input which the Garda Commissioner had in requesting the services of persons (details supplied) for the Morris tribunal; and the person who recommended them. [17642/05]

I propose to answer Questions Nos. 198 and 199 together.

The selection of investigators was a matter for the tribunal. The practical arrangements necessary for their appointment were carried out by my Department. The Garda Commissioner had no involvement in the process.

Court Procedures.

Paul Kehoe

Question:

200 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the reason sole custody is awarded; if the current law discriminates against men; and if he will make a statement on the matter. [17649/05]

When the father and mother of a child cannot agree on custody issues, it becomes a matter for the court to decide. Married parents living together are joint guardians and custodians of their child. If they separate, custody is normally with the parent with whom the child primarily resides but the other parent still remains a guardian.

Under section 6A of the Guardianship of Infants Act 1964, as inserted by section 12 of the Status of Children Act 1987, an unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act, as inserted by section 4 of the Children Act 1997, conferring on the father the status of guardian.

Under section 11 of the 1964 Act, a guardian may apply to the court for its direction on any question affecting the welfare of the child, including the question of custody. In making such orders and in determining, for example, whether an unmarried father should be appointed guardian, the court must consider the welfare of the child as the first and paramount consideration. Where appropriate and practicable, the court in making any order takes into account the child's wishes in the matter having regard to the age and understanding of the child. In considering whether to make an order under section 6A or 11, the court is directed — under provision in the Act of 1997 — to have regard to whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis.

The Act of 1964, by way of amendment in the Act of 1997, encourages parties to a dispute relating to a child to agree on the custody or guardianship of or access to a child. Prior to institution of proceedings the legal representatives of the parties must discuss with them the possibility of agreement. The court may adjourn any proceedings to assist agreement between the parties. The legislative provisions are extensive and permit the court in cases of disagreement to decide on arrangements for the child's care and upbringing having regard to the child's best interests.

I am aware of the concerns of fathers about custody rights and the operation of the law in this area is being kept under review in my Department.

Pupil-Teacher Ratio.

Bernard Allen

Question:

201 Mr. Allen asked the Minister for Education and Science the class sizes in each of the primary schools in Cork city and county. [17471/05]

Bernard Allen

Question:

202 Mr. Allen asked the Minister for Education and Science the schools which have 30 children or more in their classes in each of the schools in Cork city and county. [17472/05]

I propose to answer Questions Nos. 201 and 202 together.

The information requested by the Deputy is not readily available in my Department for the school year 2004-05. If the Deputy has a query about a particular school for 2003-04, I will be happy to answer it.

Schools Building Projects.

Dermot Fitzpatrick

Question:

203 Dr. Fitzpatrick asked the Minister for Education and Science when it is proposed to provide a resource room at a school (details supplied) in Dublin 7; and if she will make a statement on the matter. [17483/05]

All applications for temporary accommodation for the next school year have been considered in the school planning section of my Department. The application for a resource room for the school in question was not successful on this occasion. The school authority has been advised accordingly.

Higher Education Grants.

Denis Naughten

Question:

204 Mr. Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 137 of 7 October 2004, the reason a dependant of an elderly couple who are both in receipt of a non-contributory pension at the maximum rate is not eligible for the top-up grant; if she has satisfied herself that this complies with equality legislation; and if she will make a statement on the matter. [17484/05]

The report of the action group on access to third level education, which was launched in July 2001, made detailed recommendations concerning the target group of "those most in need" which has been defined in terms of the child dependants of people receiving long-term welfare payments, where the necessary conditions are fulfilled.

The action group recommended the introduction of special rates of maintenance grants for disadvantaged students, usually referred to as top-up grants, and advised that an income limit should be fixed at a level which would, at a minimum, include persons on unemployment assistance, long-term, with a qualified adult allowance, full rate. The special rate of maintenance grant was introduced for the 2000-01 academic year.

Following a review in early 2002, the income thresholds for the award of the special rate of grant were increased. In addition, the criteria were broadened significantly and a number of additional social welfare payments were included as eligible payments for the purpose of the scheme. Since 2002-03, the total reckonable income limit has been based on the maximum point of the old age contributory pension plus the maximum qualified adult allowance for a person over 66 years. This yielded an annual income threshold of €14,693 for the 2004 scheme.

To qualify for the top-up grant in the academic year 2004-05 all candidates must satisfy the following conditions: qualify for the ordinary maintenance grant in respect of the academic year 2004-05; total reckonable income limit in the tax year to 31 December 2003 must not exceed €14,693, net of standard exclusions, as set out in the 2004 maintenance grants schemes and net of CDA payments, where applicable; as at 31 December 2003, the reckonable income of parent(s) or guardian(s), the candidate himself/herself or the income of the spouse/partner, as the case may be, must include one of the eligible social welfare payments prescribed under the scheme.

Where the reckonable income exceeds the top-up income limit of €14,693 the candidate is ineligible for top-up grant assistance.

Schools Building Projects.

Jan O'Sullivan

Question:

205 Ms O’Sullivan asked the Minister for Education and Science when she will sanction funding for an extension to the language unit at a school (details supplied) in County Galway; and if she will make a statement on the matter. [17495/05]

I have included the building project for the school in question in my recently announced list of school projects to be progressed through architectural planning in 2005. The extension refurbishment project at the school includes the provision of a language disorder unit. My Department has been in contact with the school recently to progress the design process and is now awaiting a revised preliminary submission from the school authorities.

A decision on which school building projects will advance to tender and construction as part of the 2006 schools building and modernisation programme will be taken later in the year.

Special Educational Needs.

Cecilia Keaveney

Question:

206 Cecilia Keaveney asked the Minister for Education and Science the reason a person (details supplied) in County Donegal has been refused a special needs assistant; and if she will make a statement on the matter. [17505/05]

I can confirm that the special educational needs organiser, SENO, received an application for special needs assistant, SNA, support for the pupil in question. The SENO's decision was that this pupil's needs could be catered for from within existing provision within the school.

Site Acquisitions.

Joe Costello

Question:

207 Mr. Costello asked the Minister for Education and Science if it has been brought to her attention that the board of management of a school (details supplied) in County Sligo, has applied to her Department for grant aid to purchase a small portion of land at the rear of the school for use as a play and recreation area; if a decision has been made in respect of the request; and if she will make a statement on the matter. [17509/05]

An application for financial assistance towards the purchase of additional land has recently been received from the school in question and is being considered by my officials. The school has also applied for funding towards an extension and refurbishment at the school. As the existing school site is not owned by my Department, there are legal complexities to be considered before a decision is taken on how best to meet the school's accommodation needs for the future. My officials will be in contact with the school authorities in this regard in due course.

Schools Building Projects.

Jack Wall

Question:

208 Mr. Wall asked the Minister for Education and Science the position regarding an application for funding by a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17574/05]

The application for a major capital project from the school in question is currently being examined in the school planning section of my Department. The position in regard to the school's application for funding of the smaller project already undertaken is that the works concerned were progressed by the school without the prior agreement of my Department. It is not my Department's policy to sanction retrospective funding for any project progressed by a school authority without my Department's prior approval.

Physical Education Facilities.

Joan Burton

Question:

209 Ms Burton asked the Minister for Education and Science if she proposes to take seriously the recent findings of the national task force on obesity on childhood obesity and provide long awaited fitness and gym facilities at schools (details supplied) in Dublin 15. [17575/05]

My Department is committed to funding the provision of PE, general purpose and outdoor play areas in schools as part of the schools' capital investment programme. Providing recreation areas such as hard core ball courts, general purpose rooms at primary level and PE halls at post-primary level are considered an integral part of the design stage for any major refurbishment programme of existing school buildings — providing always that the site is of sufficient size — or where a new school on a greenfield site is being built.

Applications for the provision of enhanced PE or sports facilities in schools are considered in the context of all other applications on hand for capital investment, for example, applications for new schools, refurbishment projects, extensions, new sites, remediation programmes and so on.

As part of the 2004 school building programme and, in recognition of the fact that 2004 was the European Year of Education through Sport, 14 stand alone PE halls in post-primary schools were sanctioned to go to tender and construction — eight of these through a drugs task force initiative. In an effort to reduce the time taken to deliver PE halls, as well as reduce the amount spent on design team fees, the Department has developed a generic design for PE halls for post-primary schools. Two of these generic halls have already been completed, two more will be completed by the end of June 2005, with the remaining two expected to go on site during by the end of the year. It is intended that the generic design will speed up the delivery of PE halls and significantly reduce design costs for the delivery of such halls in the future.

All eight of the drugs task force initiative PE halls went on site during 2004 and it is envisaged they will all be completed by August 2005. In addition to these halls, the Department is co-funding the development of a €17 million sports and leisure centre at Le Fanu Park, Ballyfermot, a project headed up by Dublin City Council. In total, €4.25 million will be committed to this project over the next two years. All local schools will be afforded priority access to the facility during school hours. The project is expected to be completed in 2006.

With regard to specific applications for capital grant aid from the schools in question, the progress of these projects will be considered in the context of the school building and modernisation programme from 2005 onwards.

School Staffing.

Pádraic McCormack

Question:

210 Mr. McCormack asked the Minister for Education and Science the reason a school (details supplied) in County Galway will be losing a teacher from the beginning of September 2005; if, in view of the fact that it will be difficult for the remaining teacher and principal to manage all classes, she will reconsider the decision; and if she will make a statement on the matter. [17576/05]

The staffing of a primary school is determined by reference to the enrolment of the school on the 30 September of the previous school year and by reference to a staffing schedule. This staffing schedule is outlined in primary circular 15/05 which issued to all primary schools recently. This is in line with guidelines agreed between my Department and the education partners.

In the current school year the staffing of the school referred to by the Deputy comprises a principal and one mainstream class teaching post. This is based on an enrolment of 12 pupils at 30 September 2003. The school also has the services of a learning support teacher. The mainstream staffing of the school for the 2005-06 school year will consist of a principal teacher. This is based on an enrolment of 11 pupils at 30 September 2004.

To ensure openness and transparency in the system, an independent appeals board is now in place to decide on any appeals. The criteria under which an appeal can be made are set out in Department primary circular 19/02 which is also available on my Department's website. The appeals board will meet in June, July and October to consider appeals on the mainstream teaching allocation to schools for the 2005-06 school year.

The closing dates for appeals are 3 June, 24 June and 7 October. Appeals must be submitted to the primary payments section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. It would not be appropriate for me to intervene in the operation of the independent appeals board.

Schools Building Projects.

Michael Lowry

Question:

211 Mr. Lowry asked the Minister for Education and Science if she will investigate the circumstances surrounding the delay in approving a building project (details supplied); and if she will make a statement on the matter. [17588/05]

Michael Lowry

Question:

212 Mr. Lowry asked the Minister for Education and Science if she will expedite a school through the building process; if she will sanction the school for development (details supplied); and if she will make a statement on the matter. [17589/05]

Michael Lowry

Question:

213 Mr. Lowry asked the Minister for Education and Science the criteria used to prioritise a school building (details supplied); and if she will make a statement on the matter. [17590/05]

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

The school planning section of my Department is in receipt of an application for major capital investment from the school to which the Deputy refers. The application has been assessed in accordance with the amended prioritisation criteria for large scale projects which were revised following consultation with the education partners last year. Progress on the application is being considered in the context of the school building programme from 2005 onwards.

Education Projects.

Enda Kenny

Question:

214 Mr. Kenny asked the Minister for Education and Science her position regarding the provision of educational co-ordinators funded by her Department and by the community based partnership groups; if funding for such co-ordinators will be renewed for the school year 2005-06, and in the long term; and if she will make a statement on the matter. [17591/05]

For a number of years the Department has approved the secondment of teachers to area based partnerships operating under the aegis of Area Development Management, ADM. The purpose of this support is to promote co-ordination and coherence regarding the education related actions of partnerships at the level of local communities. However, in June 2004 the Department approved the continued secondment of education co-ordinators for one further academic year, that is, up to the end of June 2005. The question of extending approval for these posts is under consideration in the Department at present.

Weight of Schoolbags.

Brian O'Shea

Question:

215 Mr. O’Shea asked the Minister for Education and Science if the weight of schoolbags could be reduced in order that more children would be inclined to walk to school thereby partaking in exercise which would be in line with the recommendation of the recently published report on obesity for 30 minutes per day exercise; and if she will make a statement on the matter. [17592/05]

A working group was set up in autumn 1997 to examine the potential problems caused by the weight of heavy schoolbags, including the possible implications for the health of pupils.

The group's report, which was presented in July 1998, acknowledged that many of the solutions belong at local school level and one of the main recommendations related to the need to heighten the awareness of the potential health hazards posed by excessively heavy schoolbags. In this regard, the Department initiated an awareness raising campaign by disseminating the report, with an accompanying circular, to all primary and post-primary schools. Furthermore, information leaflets and posters were also distributed to all schools, highlighting the potential health hazard of heavy schoolbags and outlining a range of local measures that could be adopted to alleviate the problem. It is a matter for each individual school to choose those measures that would be most suited to its individual needs.

Arrangements are currently being made by the Department to issue a further circular on the weight of schoolbags to all schools.

Physical Education Facilities.

Paul Kehoe

Question:

216 Mr. Kehoe asked the Minister for Education and Science the number of primary and secondary schools in the country that have no gymnasium; the breakdown of the figures per county; the number of schools in the country that had gymnasiums that are now being used as classrooms; the breakdown per county; and if she will make a statement on the matter. [17593/05]

My Department does not have statistical details of the type requested by the Deputy. In general, many schools at primary level have a general purposes room for play and PE facilities during inclement weather. In addition, practically all schools have outdoor play areas which are utilised for teaching different aspects of the physical education programme. Similar circumstances obtain regarding sports halls and outdoor facilities at second level. Many schools also have the use of adjacent local facilities, including public parks, playing fields and swimming pools.

The provision of multi-purpose space for primary schools will continue to be considered within the design brief for new schools and/or renovation and extension of school buildings. This will also be the case for PE facilities at second level. This will be done in the context of available resources and the published criteria for prioritising schools building projects.

The use of PE halls or multi-purpose rooms as classrooms is only as a last resort when it is not possible to provide schools with the extra accommodation that they need to cater for increased enrolments or extra staffing straight away. The need for additional accommodation at any given school is considered in the context of the Schools Building and Modernisation Programme 2005-2009.

Common Foreign and Security Policy.

John Gormley

Question:

217 Mr. Gormley asked the Minister for Defence if he will report on the European Defence Agency steering group meeting of 2 March 2005; and if he will make a statement on the matter. [17580/05]

The steering board of the European Defence Agency held its third meeting in Brussels on 2 March 2005. The steering board is the principal decision making body of the agency, on which the 24 participating member states are represented. Denmark is not a member. The meeting, in the formation of national armaments directors, NADs, was chaired on behalf of Javier Solana by Eero Lavonen, the Finnish NAD. The Irish delegation comprised relevant officials of the Department led at assistant secretary level.

The steering board approved the EDA input to the European Commission's consultation process on its Green Paper on defence procurement and instructed the agency to continue to support the Commission's work. It also agreed a programme of work for the EDA on the European defence equipment market.

The chief executive of the agency, Mr. Nick Witney, made a brief presentation in which he took stock of the establishment of the EDA, with special focus on recruiting and ongoing work and external relations. The deputy chief executive of the agency, Mr. Linnenkamp, made a presentation on the transfer of functions from the Western European Armaments Group, WEAG, to the EDA. WEAG will be closed once its functions are transferred to the EDA. WEAG is an agency comprising Government representatives within the framework of the WEU and has had a role in co-ordinating research and development activities, opening up cross-border defence markets and so forth. The WEU comprises 28 delegations with differing membership status. Ireland has observer status at the WEU.

Departmental Correspondence.

Fergus O'Dowd

Question:

218 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government his views on the representations made to him by a committee (details supplied) in County Louth that the disused asbestos quarry at Togher be designated as a national heritage site. [17456/05]

My Department has no record of having received representations from the committee referred to in the question on designating this site as a national heritage site.

Local Authority Housing.

Olwyn Enright

Question:

219 Ms Enright asked the Minister for the Environment, Heritage and Local Government the position with regard to the remedial works scheme at Clontarf Road, Tullamore, County Offaly; if his attention has been drawn to the fact that work has been approved for this scheme for over three years and that tenders are approved; the reason no further progress has been made to date; and if he will make a statement on the matter. [17485/05]

There are no current proposals with the Department from Tullamore Town Council on the refurbishment of houses at Clontarf Road in Tullamore. However, it is understood that the council is finalising revised proposals for refurbishment works which will be submitted to the Department shortly.

Water and Sewerage Schemes.

220.Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if funding will be approved for the development of a sewerage scheme for the village of Creggs, County Galway; and if he will make a statement on the matter. [17586/05]

Creggs sewerage scheme was fourth on the list of sewerage schemes submitted by Galway County Council in response to the Department's request to local authorities in 2003 to produce updated assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The assessments were taken into account in the framing of the Water Services Investment Programme 2004-2006, published in May 2004. Given the rating afforded to the scheme by the council, it was not possible to include it in the current programme. Further consideration will be given to the proposal in the next phase of the programme in light of the council's prevailing priorities at that stage.

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