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Dáil Éireann debate -
Wednesday, 5 Oct 2005

Vol. 606 No. 4

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 15, inclusive, answered orally.
Questions Nos. 16 to 78, inclusive, resubmitted.
Questions Nos. 79 to 86, inclusive, answered orally.

Departmental Expenditure.

Shane McEntee

Question:

87 Mr. McEntee asked the Minister for Finance if he is satisfied that the systems used for public procurement of computer systems are robust; and if he will make a statement on the matter. [26683/05]

Public procurement of computer systems operates within a policy defined by European and domestic procurement law. Up to date guidelines for public procurement, including information technology solutions, were issued to Departments and offices by my Department in 2004. I am satisfied that the procurement systems in place are robust and as a general rule operate in a satisfactory manner. However, this is a matter that my Department keeps under review and it is currently developing a peer review process for large computer projects that will be introduced in 2006. This will bring to bear the experiences of senior computer managers across the Civil Service to evaluate the viability of project proposals, determine the best implementation method and review progress at critical stages.

The specification, design and implementation of computer-IT systems can be quite complex and challenging. There are many examples of good implementations of such systems throughout the public service. Unfortunately, however, there are also examples where projects can and do run into difficulties for a variety of reasons. Sometimes delays occur because of a change in requirements or scope or because something arose that was not foreseen. Sometimes, unfortunately, expenditure overruns arise from poor planning and poor decision making in an individual organisation.

Issues in relation to the two health systems came to my Department's attention in the context of the establishment of the HSE and the new financial arrangements put in place earlier this year. The ICT allocation became subject to the controls and constraints that already apply to spending on computing in Departments and offices. My Department became aware of very large expenditures on both of these systems, including what seemed to be a very heavy reliance on external consultancy. My Department was also concerned about a decision to adopt an approach to data take-on which seemed to be overly complex and expensive.

My Department brought its concerns to the attention of the Department of Health and Children and the HSE and requested a review of both systems with a view to identifying less complex approaches to completing their implementation and their subsequent ongoing operation. I understand that such a review is now under way within the HSE.

More generally, the HR management system is in successful and widespread use throughout the Civil Service. It is based on the market leading software which is modified to cater for the specific needs of the Civil Service. It is a system that is seen as critical to the better management of HR resources within the Civil Service. The latest version, for example, includes features to allow recording of flexible working arrangements and their consequences for pensionable service.

I note that there have been issues concerning the suitability of this system for the Prison Service and this has been highlighted in the recent Comptroller and Auditor General annual report. Any future decisions for a replacement HR system in the Prison Service will be subjected to the proposed peer review mechanism I already referred to.

Tax Code.

Richard Bruton

Question:

88 Mr. Bruton asked the Minister for Finance the way in which he will present to the Dáil the detailed reports emerging from the present review of various aspects of the tax code. [26653/05]

As the Deputy is aware, I announced in my Budget Statement that my Department and the Office of the Revenue Commissioners are undertaking a detailed review of certain tax incentive schemes and tax exemptions in 2005.

Two external consultancy firms have been examining the area-based and sectoral property tax incentive schemes. The review also involves the examination by my Department and the Revenue Commissioners of certain other tax reliefs and exemptions, especially if these may be used by high earners to reduce their tax bills. These reviews are scheduled to be completed in time for consideration in the context of the 2006 budget and Finance Bill. I am not in a position to indicate the likely publication date for these studies.

Billy Timmins

Question:

89 Mr. Timmins asked the Minister for Finance the action taken over recent months in relation to the EU’s challenge to tax relief on stud fees. [26679/05]

The stallion stud fee exemption was introduced in the Finance Act 1969 and amended in 1985. The stallion relief was included as part of annual reports on aid granted in Ireland to the agriculture sector sent by the Department of Agriculture to the Commission in 1982 and on a number of subsequent occasions. The Commission wrote to the Irish authorities on 24 June 2003 stating that a complaint had been received in relation to the relief and asked that full details on the exemption be sent to the Commission in order for it to be assessed as a potential State aid.

In a subsequent letter of 6 January 2005 to the Irish authorities, the Commission indicated that it had come to a preliminary conclusion that the stallion tax exemption would seem to constitute an aid scheme that is not compatible with the Common Market. The letter set out the Commission's reasoning and, against that background, invited Ireland to submit comments within one month together with any concrete proposals regarding how the scheme in question could be brought in line with Article 87 of the EC Treaty.

Officials from my Department and the Department of Agriculture and Food met with officials from the Commission Directorate General for Agriculture and Rural Development on 23 February 2005.

I, along with my colleague, the Minister for Agriculture and Food, met with the EU Commissioner for Agriculture and Rural Development in Brussels on 12 May last on this matter. At this meeting, I outlined the background to the relief and the development of the industry in Ireland over the past 30 years setting out the contribution of the horse breeding industry here to employment and economic activity particularly in rural areas. I also made the point to the Commissioner that while I fully understood the Commission's obligation to examine the relief on foot of the complaint it had received, it would be worthwhile if the broader European and international aspects of this issue were taken into account. In particular, I asked that care should be taken not to disadvantage the Irish horse breeding industry, which is recognised as being a cornerstone of the wider European industry, relative to competitors from around the world.

I have reported on these discussions to my colleagues in Government and further correspondence with the Commission has been continuing over recent months, with the most recent communication being a letter from me to the EU Commissioner for Agriculture and Rural Development on 28 September 2005. However, the issues involved in relation to the tax exemption for stallion stud fee income are still under consideration. In the normal course, any proposals for change in tax exemptions are considered in the context of the annual budget.

Question No. 90 answered with QuestionNo. 85.

Revenue Commissioners Audits.

Joe Costello

Question:

91 Mr. Costello asked the Minister for Finance the reason no random audits were carried out on the Revenue Commissioners during 2004; and if he will make a statement on the matter. [26623/05]

I am informed by the Revenue Commissioners that the matter of random audits, including the purpose and methodology, has been the subject of discussion at the Committee of Public Accounts committee following examination of this issue by the Comptroller and Auditor General. As a consequence, in December 2003, the Revenue Commissioners gave a commitment to the Committee of Public Accounts that they would undertake a review of their random audit programme with a view to improving the methodology so that it would be possible over time to extrapolate figures regarding underlying tax compliance from the audit results. Pending this review the traditional random audit programme was not continued for the year 2004 although some cases selected in earlier years were concluded.

The promised review was carried out in late 2003 and during 2004 and following that a new random audit programme called the tax compliance testing programme was rolled out in November 2004. This programme is currently in use and, for 2005, on the basis of purely random case selection, is being used to test tax compliance.

I am satisfied that the Revenue Commissioners are pursuing a programme which is dealing in a very determined way with tax evasion by maximising the impact of their resources through focusing on risk. This is strengthened by their new tax compliance testing programme, which ensures that all of our taxpayers will be exposed to the possibility of a compliance check or Revenue audit. This approach is in line with international best practice.

Tax Yield.

Trevor Sargent

Question:

92 Mr. Sargent asked the Minister for Finance the level of VAT receipts received this year to date; the way in which this compares to the same period in 2004; and if he will make a statement on the matter. [26556/05]

VAT receipts paid to the Exchequer in the year to end-September 2005 amounted to €9,578 million. This compares to a figure of €8,504 million in the same period last year, a year-on-year increase of 12.6%. This increase has been driven by strong growth in the domestic economy and, in particular, in personal consumption expenditure.

Tribunals of Inquiry.

Enda Kenny

Question:

93 Mr. Kenny asked the Minister for Finance the status of his proposals to reduce the fees payable at tribunals. [26699/05]

The Deputy will be aware that in July last year, the Government approved, on the initiative of the then Minister for Finance, reduced fees for all legal representation including that of third parties at tribunals or inquiries established from September 2004, and to existing tribunals and inquiries with effect from various dates set in the light of consultations between the Attorney General and the chairpersons of each tribunal-inquiry. The new fees represent less than 45% of the maximum rates previously payable to tribunal-inquiry counsel.

The Government's legislative programme for the current session includes a comprehensive Tribunal of Inquiry Bill 2005 which is being brought forward by the Minister for Justice, Equality and Law Reform to consolidate and reform the legislation relating to tribunals of inquiry. This Bill will also provide a statutory basis for the regulation of third party legal fees payable by the State and to improve the operational efficiency of tribunals.

The foregoing measures are aimed at implementing the Government's stated objective of controlling costs associated with tribunals of inquiry.

Decentralisation Programme.

Pádraic McCormack

Question:

94 Mr. McCormack asked the Minister for Finance if his attention has been drawn to the serious problems being created in the decentralisation programme by the lack of clarity around the status of employees who do not wish to relocate; and if he will make a statement on the matter. [26693/05]

From the outset both the Government and I have made it clear that participation in the decentralisation programme is voluntary. Those public and civil servants who do not wish to relocate outside Dublin will be offered alternative posts in Dublin. Regular consultations are taking place with unions representing civil and public servants. These consultations are seeking to address the full range of issues concerning civil and public servants wishing to relocate and those who want to remain in Dublin.

Departmental Agencies.

Paul McGrath

Question:

95 Mr. P. McGrath asked the Minister for Finance the targets he has set for the National Development Finance Agency and the way in which it is performing against target. [26677/05]

The National Development Finance Agency, NDFA, was established under the National Development Finance Agency Act 2002.

Section 3 of the Act sets out its functions in regard to advising State authorities on the optimum means of funding public investment projects in order to achieve value for money, including by means of public private partnership arrangements, PPP. Under the Act, it is a matter for the board to set any strategic objectives or targets to be met by the agency.

Under section 21 of the Act, the NDFA provides an annual report not later than six months after the end of each financial year. The report includes the accounts of NDFA which are presented to the Comptroller and Auditor General for audit. The report is laid before the Houses of the Oireachtas. Currently, the report provides information on how the NDFA has performed its advisory functions in the year of account, including a list of projects on which it advised, and presents the annual accounts of the agency with the report of the Comptroller and Auditor General thereon.

Tax Code.

Brian O'Shea

Question:

96 Mr. O’Shea asked the Minister for Finance his proposals to introduce tax measures to encourage the production of ethanol from sugar beet; and if he will make a statement on the matter. [26540/05]

Section 50 of Finance Act 2004 provided for the introduction of a limited scheme for excise tax relief for biofuels. The purpose of the provision was to allow qualified and conditional relief from excise of biofuel used in approved pilot projects for either the production of biofuel or the testing of the technical viability of biofuel for use as a motor fuel. As the Deputy may be aware, it was necessary to obtain approval from the EU Commission as the proposed scheme represented a State aid. Approval was granted in March 2005 and the scheme was subsequently advertised by the Department of Communications, Marine and Natural Resources. Excise relief was granted to successful applicants to the scheme from August 2005 for a total of 16 million litres of fuel.

The current scheme includes excise relief on ethanol production up to a limit of 2 million litres. It is up to the project promoter to choose the most appropriate feedstock to produce the ethanol. I am informed by my colleague, the Minister for Communications, Marine and Natural Resources, that Maxol, the producer of the 2 million litres of bioethanol under the current scheme, is sourcing the ethanol from the by-products of cow's milk.

The possible introduction of a wider scheme of excise relief for biofuels, including bioethanol, is under consideration. Sugar beet, as under the current scheme, would be an option for bioethanol producers in any such scheme.

Brendan Howlin

Question:

97 Mr. Howlin asked the Minister for Finance the procedures in place to monitor whether or not those who claim to be non-resident for tax purposes are actually resident out of the country for the required period; his plans to improve monitoring in this regard; and if he will make a statement on the matter. [26630/05]

I have asked the chairman of the Revenue Commissioners to monitor the application of the current non-resident rules, through examination of cases handled in the Revenue large cases division, and to provide me with a report once this examination is complete. The chairman has confirmed to me that this work is under way and that he will report to me as soon as possible.

I am informed by the Revenue Commissioners that the procedures adopted in relation to validating a claim to non-residence status depend on the circumstances in each case. The administration of the validation procedures is a matter for the Revenue Commissioners and I am informed by them that these procedures are kept under review. I am, however, informed that the methods used to verify claims to non-residence include a range of tests and an intelligence dimension which for obvious reasons they do not publicise. In addition, Revenue has statutory powers to make all relevant enquiries in relation to any aspect of tax returns including claims to non-residence status. I am further informed that a number of audits are at present under way into claims to non-residence and that these audits will be a regular feature of the risk-based programmes operated by Revenue.

In accordance with normal practice it is not appropriate for the Minister to comment on possible changes to tax in the run-up to the annual budget and Finance Bill.

Paul Nicholas Gogarty

Question:

98 Mr. Gogarty asked the Minister for Finance if he will reconsider the introduction of carbon tax in view of the fact that the ESRI have shown that lowering labour taxes and VAT on the back of revenue raised from carbon tax will leave the economy better off; and if he will make a statement on the matter. [26550/05]

The Government decision on carbon tax was made in September 2004 following a thorough examination of the issues involved, including how a carbon tax would be implemented and the associated environmental, economic and social impacts. In addition, my Department carried out an extensive consultation process in which 117 written submissions were received.

Following this examination, the Government decided that a carbon tax was not an appropriate policy option and that, instead, it would intensify action on the other measures under the national climate change strategy.

The Government concluded that the environmental benefits of a carbon tax would not justify the difficulties that would arise, particularly for households, from the introduction of such a tax. In this respect, the carbon energy tax would have imposed price increases on many products already suffering sharp increases, particularly as a result of recent increases in international oil prices.

While a carbon tax would have involved a range of compensatory measures, these would not fully address the adverse economic and social effects arising. Moreover a carbon tax would apply to products which are in the main already subject to excise duties and where a new tax is not specifically necessary to increase tax rates.

The carbon energy tax was just one possible element of the Government's approach to meeting Ireland's commitments under the Kyoto Protocol to which the Government remains fully committed.

Taxation can play a part in attaining environment objectives. However, as Minister for Finance, I am concerned to ensure that in developing policy on tax measures we take into account any effects on Ireland's international competitiveness, particularly in relation to non-EU countries which compete with us and which may have low taxes on energy. I am also concerned in framing policy about the effect that the imposition of such taxes may have on the consumer price index and how they could impact on the less well off members of our community.

Apart from the carbon tax, the national climate change strategy does envisage other initiatives in the tax area with one such example being tax reliefs for ‘green initiatives'. Essentially this approach uses the tax system to provide incentives for certain behaviour. Such examples include capital allowances for corporate investment in renewable energy projects, which have been available since 1998, and a provision in Finance Act 2004 which provides for the introduction of a scheme for excise tax relief for biofuels.

As far as the ESRI report is concerned, the report concentrated on energy policy in relation to electricity and gas and looked at other fuels only in the context of electricity generation. While the ESRI proposes the introduction of a carbon tax, I can confirm, as the Minister for the Environment, Heritage and Local Government has already stated, that the Government decision of September 2004 is not scheduled for review. The Deputy's question infers that the economy would be better off with a carbon tax. However, to pursue policies that would increase taxes on transport fuels and home heating oils, at this time, would have negative economic consequences.

Decentralisation Programme.

Bernard J. Durkan

Question:

99 Mr. Durkan asked the Minister for Finance the position regarding decentralisation; the number of civil or public servants who have agreed to relocate from each Government Department or body; and if he will make a statement on the matter. [26760/05]

The central applications facility received over 9,000 applications for decentralisation up to the closing date for priority applications which was 7 September 2004. Since that date a steady stream of new applications have been received. At the start of the summer the figure for post 7 September 2004 new applicants was 750. This figure has risen to almost 1,300 over the last three months following the publication of the most recent Decentralisation Implementation Group report.

The central applications facility remains open, continues to accept applications, and will do so for the foreseeable future. For detailed analysis of the priority applications, the Deputy may wish to refer to the decentralisation website at www.decentralisation.gov.ie.

National Development Plan.

Eamon Gilmore

Question:

100 Mr. Gilmore asked the Minister for Finance if a new national development plan will be introduced when the current one expires; if any preparatory work has begun on this process; and if he will make a statement on the matter. [26625/05]

Ciarán Cuffe

Question:

102 Mr. Cuffe asked the Minister for Finance if he will confirm that there will be a new national development plan; when consultation is envisaged to commence with interested parties on the matter; and if he will make a statement on the matter. [26547/05]

I propose to take Questions Nos. 100 and 102 together.

The Government announced last August that it has agreed to the preparation of a successor to the current national development plan which runs to the end of 2006. The new national development plan will cover the seven year period from 2007 to 2013. The preparation of the new plan will be co-ordinated by the Department of Finance.

Preparatory work on the new NDP has commenced at interdepartmental level. Tenders have also been invited in respect of an independent ex-ante evaluation study of investment needs over the period 2007-13 which will feed into the preparation of the next NDP. A full scale consultation process on the plan will commence in the near future. This will involve in particular the social partners, regional interests and other concerned interest groups.

Special Savings Incentive Scheme.

Phil Hogan

Question:

101 Mr. Hogan asked the Minister for Finance if he has carried out any assessment of the impact of the maturing of special savings investment accounts on the economy, almost half of which will occur in 2006; the way in which this is being factored into tax estimates for 2006; and if he will make a statement on the matter. [26654/05]

The SSIA scheme opened on 1 May 2001 and entry to it closed on 30 April 2002. The accounts are due to mature between May 2006 and April 2007. A total of 1.17 million accounts were opened during the period outlined.

The impact of maturing SSIA funds on the economy in 2006 and 2007 is subject to ongoing consideration within my Department. The impact on consumer demand is difficult to estimate and will depend on how the accumulated savings are spent or saved, how that portion of an individual's income that was previously saved in SSIAs is used, and the extent to which savings are rolled over into other investment products. The economic effect will also depend on the state of the economy in 2007, when the bulk of SSIA funds mature. To date, a number of reports have been prepared regarding the impact of the SSIAs by, among others, Goodbody Stockbrokers, Lansdowne Market Research, the Irish Mortgage Corporation and the Bank of Ireland. However, there is no consensus in these reports as to how these funds may be used. It is inevitable that there will be a lot of uncertainty about the likely outcomes. As a scheme such as the SSIA has not existed previously, it is not possible to draw on experience as a basis for anticipating the impact the maturing accounts will have on the economy.

Tax revenue is a product of the level and composition of economic growth. Whatever assessment is made by my Department of the likely economic impact of maturing special savings investment accounts, SSIAs, next year will be reflected in the tax forecast for 2006 which will be published in budget 2006. Any impact on tax revenues arising from the economic impact of maturing SSIAs will be once-off.

Question No. 102 answered with QuestionNo. 100.

Tax Code.

Thomas P. Broughan

Question:

103 Mr. Broughan asked the Minister for Finance if he has received the report of the consultants commissioned to look at a range of tax breaks and shelters available to high earners; if not, when he will receive the report; if he will amend financial legislation arising from the report; and if he will make a statement on the matter. [26621/05]

As the Deputy is aware, in my 2005 Budget Statement, I announced that my Department and the Office of the Revenue Commissioners would undertake a detailed review of certain tax incentive schemes and tax exemptions in 2005. This review was to evaluate their impact and operation including their economic and social benefits for the different locations and sectors involved and to the wider community. In addition the review was to examine the degree to which these schemes allow high-income individuals to reduce their tax liabilities.

I subsequently announced in a press release on 6 January 2005 that my Department had advertised for external consultants to review certain property tax incentive schemes. On 9 April 2005, I announced the award of two external consultancy contracts for the reviews. Following a detailed examination of the qualifying tenders by a special interdepartmental group, the successful candidates were Goodbody Economic Consultants in respect of the area-based urban renewal, town renewal, rural renewal and the living-over-the-shop schemes and Indecon Economic Consultants for the sectoral property tax incentive schemes, namely, multi-storey carparks, park and ride facilities, student accommodation, third level buildings, hotels, holiday cottages, nursing homes, private hospitals, sports injuries clinics, child care facilities and refurbishment of rented residential accommodation.

The complete reports from the consultants will be received shortly. On this basis, the reviews will be completed in time for consideration in the context of the 2006 budget and the Finance Bill.

Decentralisation Programme.

Jimmy Deenihan

Question:

104 Mr. Deenihan asked the Minister for Finance when a section of the Revenue Commissioners will be decentralised to Listowel, County Kerry; and if he will make a statement on the matter. [26785/05]

As part of the decentralisation programme it is intended that 50 posts of the Revenue Commissioners will be decentralised to Listowel, County Kerry.

I am advised by the Revenue Commissioners that the timing of the movement of staff to Listowel is dependant on suitable accommodation being available. At present the Office of Public Works is examining a number of proposals in relation to a suitable site in Listowel. The data from the central applications facility, CAF, published in September 2004 showed that a total of 27 applicants within Revenue and 20 applicants from other Departments have applied to decentralise with the Revenue Commissioners to Listowel. There was also 1 application from the public service.

Tax Evasion.

Ruairí Quinn

Question:

105 Mr. Quinn asked the Minister for Finance the number of court prosecutions initiated as a result of tax evasion in respect of each year since 1997; the number of cases in which convictions were secured; the number of cases in which prison sentences were imposed and if he will give the sentence in each case; if he is satisfied with the level of action taken having regard to the high level of evasion; if he will report on the work of the investigations and prosecutions division of the Revenue Commissioners; and if he will make a statement on the matter. [26645/05]

I am advised by Revenue Commissioners that the following information provides the up to date position on court prosecutions initiated for tax evasion: In 1997, there was one prosecution initiated for tax evasion. A fine of €635 was imposed with no custodial sentence. In 1998, there were six cases initiated and eight convictions secured and fines totalling €42,854 were imposed. There were two custodial sentences, one of six months suspended and one of two years suspended. In 1999, there were two cases. In one case, a fine of €19,046 was imposed with no custodial sentence and in the other, the defendant was acquitted. In 2000, three cases were initiated and three convictions were secured. Fines totalling €952 were imposed. There were two custodial sentences, one of two years, reduced to 18 months on appeal, and another of 12 months suspended. In 2001, there were four cases and fines totalling €14,284 were imposed. There were four custodial sentences, one of 12 months, two of six months suspended and another of three months. In 2002, there were three cases initiated and three convictions secured. Fines totalling €5,540 were imposed and one custodial sentence of six months suspended. In 2003, there were six cases initiated and seven convictions secured. Fines totalling €29,365 were imposed and one custodial sentence of two years suspended. In 2004, there was one case, a fine of €5,000 was imposed and 180 hours community service was imposed in lieu of a three months custodial sentence. In 2005 to date, there have been 12 cases initiated. In six of these cases sentence has been passed and the other six are still in the court process, including one case adjourned awaiting sentence. In the six cases where sentence has been handed down, fines totalling €170,400 have been imposed and two custodial sentences, one of three months and one of 16 months, have been imposed. In addition, sentences of 240 hours and 120 hours community service were imposed in two cases in lieu of custodial sentences. An appeal has been lodged by one individual against his conviction, sentence and order.

The Revenue Commissioners have a clear policy of prosecuting cases of serious tax evasion. This function is tasked to their investigations and prosecutions division. Following the restructuring of Revenue in 2003, all investigation activity was consolidated in this division with a remit to co-ordinate all Revenue prosecution work and, in particular, to increase the number of criminal investigations for serious tax offences and ultimately to increase the number of prosecutions. The number of investigators was also increased for this purpose.

The most recent figures indicate that this approach is proving successful. There are currently 52 cases under investigation for potential prosecution. The Director of Public Prosecutions is considering a further 12 cases and has given directions to prosecute in another four. Bench warrants have been issued in two cases for failure to attend court and, as I have stated, six cases are in the court process. Combined with the six successful prosecutions to date in 2005, of which the conviction and sentence in one case is under appeal, it is the highest overall figure to date and vindicates the decision to concentrate Revenue Commissioners' prosecution resources in one area.

Tax Code.

Joan Burton

Question:

106 Ms Burton asked the Minister for Finance the position regarding his contacts with the EU Commission in relation to its preliminary opinion that the stallion tax exemption scheme would seem to constitute an aid that was not compatible with the Common Market; if he has received a final opinion from the Commission on this matter; when he will make a final decision on any changes to the exemption; and if he will make a statement on the matter. [26619/05]

Paul McGrath

Question:

114 Mr. P. McGrath asked the Minister for Finance his position regarding the stallion tax exemption scheme; and if he will make a statement on the matter. [26197/05]

I propose to take Questions Nos. 106 and 114 together.

As I have already outlined to the House, the stallion stud fee exemption was introduced in Finance Act 1969 and amended in 1985. The stallion relief was included as part of annual reports on aid granted in Ireland to the agriculture sector sent by the Department of Agriculture to the Commission in 1982 and on a number of subsequent occasions. The Commission wrote to the Irish authorities on 24 June 2003 stating that a complaint had been received in relation to the relief and asked that full details on the exemption be sent to the Commission in order for it to be assessed as a potential State aid.

In a subsequent letter of 6 January 2005 to the Irish authorities, the Commission indicated that they had come to a preliminary conclusion that the stallion tax exemption would seem to constitute an aid scheme that is not compatible with the Common Market. The letter set out the Commission's reasoning and, against that background, invited Ireland to submit comments within one month together with any concrete proposals regarding how the scheme in question could be brought in line with Article 87 of the EC Treaty.

Officials from my Department and the Department of Agriculture and Food met with officials from the Commission Directorate General for Agriculture and Rural Development on 23 February 2005.

I, along with my colleague, the Minister for Agriculture and Food, met with the EU Commissioner for Agriculture and Rural Development in Brussels on 12 May last on this matter. At this meeting, I outlined the background to the relief and the development of the industry in Ireland over the past 30 years setting out the importance of the horse breeding industry here in terms of its contribution to employment and economic activity particularly in rural areas. I also took the opportunity to advise the Commission that, while I fully understood the Commission's obligation to examine the relief on foot of the complaint it had received, it is necessary that the broader European and international aspects of this issue should be taken into account. In particular, care should be taken not to disadvantage the Irish horse breeding industry, which is recognised as being a cornerstone of the European industry, relative to competitors from around the world.

I have reported on these discussions to my colleagues in Government and further correspondence with the Commission has been continuing over recent months, with the most recent communication being a letter from me to the EU Commissioner for Agriculture and Rural Development on 28 September 2005. However, the issues involved in relation to the tax exemption for stallion stud fee income are still under consideration, and I understand that the Commission has not yet concluded its deliberations on the matter. In the normal course, any proposals for change in tax exemptions are considered in the context of the annual budget.

Jan O'Sullivan

Question:

107 Ms O’Sullivan asked the Minister for Finance when the Government will honour the commitment given in An Agreed Programme for Government that 80% of all earners will pay tax only at the standard rate in view of the fact that the proportion of taxpayers paying at the higher rate is expected to increase from 32.61% in 2004 to 33.17% in 2005; and if he will make a statement on the matter. [26642/05]

The Government programme, An Agreed Programme for Government, states that "over the next five years our priorities ...will be ... to ensure that 80% of all earners pay tax only at the standard rate". The five year period mentioned commenced three years ago when the Government were elected to office. I should also point out, however, that the commitment is given in the context of a broader economic and budgetary strategy which provides, among other things, that the public finances will be kept in a healthy condition and that personal and business taxes will be kept down in order to strengthen and maintain the competitive position of the Irish economy.

The position is that had the standard rate bands not been widened to the extent that they were in budget 2005, 35.9% of income earners would have been paying tax at the higher rate in 2005. The effect of the budget was to reduce the proportion to 33.2%. Indeed, the latest information from the Revenue Commissioners, using base data for 2002 adjusted for estimated growth in numbers in employment and wage levels, indicate that for 2005 the proportion of earners on the higher rate of tax will be less than 33%.

Further progress in this area will be a matter for consideration in the context of the annual budgets over the next number of years consistent with the Government's overall economic and budgetary strategy. However, I would remind the Deputy that, since 1997, average tax rates have fallen for all categories of taxpayer. For example, the average tax rate, that is, income tax, PRSI and health levy combined for the person on the average industrial wage has reduced by over ten percentage points from over 27.6% in 1997 to less than 17% in 2005.

In an international context, the most recent data from OECD relating to the year 2004 indicates that, once again, Ireland has the lowest tax wedge, that is, income tax plus employee and employer PRSI as a proportion of gross wages plus employers PRSI, in the EU and one of the lowest in the entire OECD. Furthermore, the personal average tax rate of the average production worker dropped in Ireland between 2003 and 2004, despite an increase in wages. Meanwhile, the average tax rate rose or remained the same in about 20 of the other 29 countries surveyed.

For the single worker on the average production wage in Ireland, the average tax rate is the third lowest after Korea and Mexico of the 30 countries studied. It is the lowest of the 19 EU member states surveyed. A married one-earner couple with two children on the average production wage in Ireland in 2004 in fact receives more money in cash transfers from the State than they pay out in income tax and social security contributions. Only Luxembourg is in the same league as Ireland in this respect and the OECD figures do not take account of the further improvements made in budget 2005.

Paudge Connolly

Question:

108 Mr. Connolly asked the Minister for Finance if he will consider capping the application of the 2% motor insurance levy on policies up to €500; and if he will make a statement on the matter. [26542/05]

The 2% stamp duty, levied on non-life insurance premia, is part of the stamp duty system and applies to most categories of non-life insurance business, including motor insurance. It was introduced in the Finance Act 1982 at 1% and was subsequently increased to 2% in 1993. This is a modest levy compared with other EU member states, most of which have such a tax and where it is generally levied at a significantly higher rate than in Ireland, typically between 9% and 15%.

The purpose of this non-life levy is to broaden the stamp duty base, thereby raising additional revenue. It is a significant source of revenue to the Exchequer and yielded €97.7 million in 2004 across all relevant categories of insurance. It is not possible to ascertain what portion of this relates to motor insurance premia.

In accordance with normal practice it is not appropriate for the Minister to comment on possible changes to tax in the run-up to the annual budget and Finance Bill.

Export Performance.

Damien English

Question:

109 Mr. English asked the Minister for Finance his views on the sluggish performance of Irish exports and the sustained decline in manufacturing employment and the threat which this poses to Ireland’s continuing strong economic performance. [26672/05]

Preliminary data indicate that the volume of exports of goods and services declined by 0.6% year-on-year in the first half of 2005. This follows a relatively solid expansion of 7% in exports in 2004. There is considerable uncertainty surrounding the reasons for the subdued performance to date in 2005. Both goods and services exports have been weak. Industrial production, that is, goods data indicate that chemicals production in particular has been weak. Balance of payments data indicate that on the services side insurance exports have been weak. However, caution should be exercised in interpreting trends in export performance based on only a few quarters' data. Quarterly data is volatile and subject to revision. In addition, changes in production-operations patterns, in particular in multinational sectors, can in the short term result in volatility in export growth. Given the uncertainty surrounding export performance and its drivers in the short term, emerging trends in export performance will be carefully monitored on an ongoing basis.

Between Q1 2001 and Q1 2005 the numbers employed in manufacturing declined by 33,300, or 13.2%. However, this decline in employment in the manufacturing sector has taken place over a period when total employment increased by 197,400, or 11.5%. This indicates that some of the decline in manufacturing employment can be seen as part of a process of structural change in the economy. While manufacturing jobs are being lost, many jobs in high value added sectors such as financial services are being created. It is also the case that losses in competitiveness over the last number of years are placing pressure on manufacturing firms. It is for this reason that we must remain focused on restoring and enhancing competitiveness going forward if Ireland is to continue growing strongly.

Non-Resident Accounts.

Seán Ryan

Question:

110 Mr. S. Ryan asked the Minister for Finance the number of High Court orders sought to date by the Revenue Commissioners under the Finance Act 1999 to require financial institutions to supply names, addresses and other relevant information regarding holders of bogus accounts at the latest date for which figures are available; the number of cases where orders have been granted; the general progress made to date in identifying the holders of such accounts who did not avail of the recent voluntary disclosure scheme; and if he will make a statement on the matter. [26648/05]

Authorised Revenue officers are empowered to make an application to a judge of the High Court seeking an order requiring financial institutions to supply names, addresses and other relevant information concerning account holders who may have held bogus non-resident deposit accounts. Such applications are made under section 908 of the Taxes Consolidation Act 1997, as amended by the Finance Act 1999. Information supplied by the financial institutions under section 908 orders is the principal basis for identifying bogus non-resident account holders who did not avail of the voluntary disclosure scheme in 2001. This inquiry work commenced on 16 November 2001.

I am advised by the Revenue Commissioners that 18 applications for orders under section 908 have been made and have been granted. When one includes institutions which have been taken over or amalgamated with other institutions, these orders seek information in respect of accounts in 26 financial institutions. No further applications for such orders are pending in regard to the bogus non-resident account inquiries.

A large volume of information has been reported to Revenue under the High Court orders. Inquiry work in relation to the examination of the first batch of taxpayers commenced on 11 October 2002. Further general issues of inquiry letters were made in January, May, July, September and October 2003 and January 2004. These general inquiry letter issues relate to 91,000 non-resident accounts that had Irish addresses connected to them. A total of 177,000 inquiry letters have been issued to taxpayers in respect of these non-resident accounts. The final general inquiry letter issue took place in January 2004.

The Revenue Commissioners have informed me that the final phase of this investigation is now substantially complete. Since 15 November 2001 payments of €368 million have been made to Revenue by taxpayers who held bogus non-resident accounts.

Tax Amnesty.

Ruairí Quinn

Question:

111 Mr. Quinn asked the Minister for Finance the number of breaches detected of the Waiver of Certain Tax, Interest and Penalties Act 1993 in respect of each year since 1994; the number of prosecutions initiated and convictions secured arising from such detections; if he has satisfied himself with the way the law is being applied; and if he will make a statement on the matter. [26646/05]

I am advised by the Revenue Commissioners that there are two ways in which a taxpayer may have been in breach of the amnesty, first, in making a false declaration or, second, in not making a declaration. I am informed that the Revenue Commissioners do not have figures for the number of detected breaches of the amnesty. Because of the confidentiality conditions built into the 1993 amnesty legislation, such breaches are difficult to identify and prove.

Individuals and companies have been successfully prosecuted in recent years as a result of Revenue investigations, and although these investigations have in some instances involved consideration of possible amnesty breaches, it has not generally been possible to obtain the evidence necessary to meet the required standards of "beyond reasonable doubt" from an amnesty perspective. However, one individual has been successfully prosecuted to date for failure to comply with the obligatory provisions of the Waiver of Certain Tax, Interest and Penalties Act 1993, following a Revenue investigation. He was ordered to pay a fine of €125,000 before 17 September or face two years in prison. He was also ordered to pay his outstanding liability of €118,917 within the same three month period.

Also, as the Deputy will be aware, there was a well-publicised conviction in the Circuit Criminal Court recently for tax offences related to the amnesty where a six months jail sentence was handed down. This followed an investigation by the Criminal Assets Bureau.

Revenue's criminal investigation programmes have been refocused recently with the establishment of an investigations and prosecutions division, one of whose functions is to increase the number of prosecutions for serious tax evasion. Many of the cases currently under investigation relate to tax offences committed in recent years and do not therefore involve consideration of amnesty issues. However, a number of cases have been identified which could involve offences in relation to the amnesty and they will be investigated with a view to taking a criminal prosecution.

In view of this, I am satisfied that the Revenue Commissioners are making every effort to ensure the law is applied in the manner intended by the legislation as passed by the Houses of the Oireachtas.

Decentralisation Programme.

Liz McManus

Question:

112 Ms McManus asked the Minister for Finance the number of civil servants and other public servants who will have been decentralised from Dublin to other locations by the original deadline for the completion of the plan of December 2006; if, in view of the very poor response to the scheme so far, his plans to review the scale or scope of the proposal; and if he will make a statement on the matter. [26633/05]

The response to the decentralisation programme has been excellent. The central applications facility received over 9,000 applications for decentralisation up to the closing date for priority applications which was 7 September 2004. Since that date a steady stream of new applications have been received. At the start of the summer the figure for post 7 September 2004 new applicants was 750. This figure has risen to 1,300 over the past three months following the publication of the most recent decentralisation implementation group report. The central applications facility remains open, continues to accept applications, and will do so for the foreseeable future.

The Office of Public Works is continuing to make good progress on the acquisition of suitable sites and property. In line with the timeframe set out in the most recent report of the decentralisation implementation group, presented to me in June last. I expect that approximately 1,000 civil servants will have relocated by the end of 2006. The timeframes for completion of the programme taking full account of the property, people and business issues involved are also set out in the implementation group's June report.

Pension Provisions.

Emmet Stagg

Question:

113 Mr. Stagg asked the Minister for Finance the amount in the funds of the National Pensions Reserve Fund at the latest date for which figures are available; the amount invested outside of Ireland; the amount held in cash balances; and if he will make a statement on the matter. [26651/05]

The 2004 annual report and financial statement of the National Pensions Reserve Fund Commission shows that at 31 December 2004 the market value of the fund was €11,689 million. This included cash deposits of €1,233 million, other net current assets of €38 million, unrealised gains on foreign derivative contracts of €28 million, €11 million in property, and equities and bonds worth €10,378 million. Of this €10,378 million, €10,260 million was invested in non-Irish equities and bonds. Under the National Pensions Reserve Fund Act, the fund is prohibited from investing in Irish Government bonds and all of its bond investments are in bonds issued by other euro zone governments.

The commission also publishes quarterly performance statements setting out a summary of the fund's performance in the year to date as a means of improving the timeliness of information on the fund. The quarterly statements do not distinguish between Irish and non-Irish investments. The most recent of these statements, for the quarter to end-June 2005, was published on 14 July 2005. It shows that the estimated market value of the fund was €13,294 million at 30 June 2005. Of this amount, €1,404 million was held in cash and other net current assets, including derivatives, €26 million in property, €137 million in commodities, a total of €10,123 million in equities and €1,604 million in bonds.

The commission is required by the National Pensions Reserve Fund Act 2000 to include in its annual report information on the investment strategy followed by the fund, a report on the investment return achieved and a valuation of the net assets of the fund at year-end. These requirements are designed to ensure that detailed information concerning the fund is made available to the Minister and the public.

As the Deputy will be aware, the National Pensions Reserve Fund Commission, which controls, manages and invests the fund, is independent of Government. It has discretionary authority to determine and implement the fund's investment strategy. The investment strategy is based on a commercial investment mandate with the objective of securing the optimal return over the long term, having regard to: the purpose of the fund as set out in section 18(1) of the National Pensions Reserve Fund Act 2000; and the payment requirements of the fund as provided for under section 20 of the Act, provided the level of risk to the moneys held or invested is acceptable to the commission.

Question No. 114 answered with QuestionNo. 106.

Energy Resources.

Michael Ring

Question:

115 Mr. Ring asked the Minister for Finance his views on the observations of the Office of Public Works in relation to the sanction of increases in gas prices. [26669/05]

Eamon Gilmore

Question:

148 Mr. Gilmore asked the Minister for Finance the estimated additional costs likely to arise for the Office of Public Works (details supplied) as a result of the recent rise in gas prices approved by the Commission for Energy Regulation; if the Office of Public Works has made any representations to the Commission for Energy Regulation on this matter; the response received; and if he will make a statement on the matter. [26626/05]

I propose to take Questions Nos. 115 and 148 together.

The Government Supplies Agency, as part of its procurement responsibilities, has placed contracts for several years with Bord Gáis Éireann for the supply of natural gas to a large number of State sites.

As with all procurement, the agency seeks to achieve the most economically advantageous terms available for its end users. Prior to 2003 this involved negotiating a price for the supply of natural gas with the single supplier, Bord Gáis Éireann. Following deregulation, there was scope for competition in relation to the unit price of gas, and the GSA initiated a process of competitive pricing for the unit cost, which is still in place.

With regard to transmission costs, the Deputy will be aware that gas has to be transported from either Inch, near Kinsale, or Moffat in Scotland to each site in the country. This transmission or transportation mechanism is operated by Bord Gáis Éireann.

The Commission for Energy Regulation, on 29 July 2005, invited observations from the public and interested parties on its proposed decision regarding transmission or transportation tariffs for the 2005-06 gas year. The Government Supplies Agency, in response to that invitation, submitted its views to the commission on 25 August 2005.

The agency's observations, which related to transmission costs only, were offered as part of an ongoing dialogue on the provision of energy supplies between the agency, acting on behalf of its customers, and the commission. The agency acknowledges and accepts that the commission will take a wider range of considerations into account when reaching its decisions. The agency did not receive any direct feedback on its letter from the commission.

Capital Expenditure.

Paul Kehoe

Question:

116 Mr. Kehoe asked the Minister for Finance the reason for the shortfall in projected capital spending to date in 2005. [26659/05]

At end September 2005 voted capital expenditure, including carryover from 2004, was €370 million behind profile as compared with the profile published in January last. I have set out below the factors for the shortfall as compared to profile as advised to my Department by the Departments concerned. In general I would point out to the Deputy that because of its nature it is difficult to precisely predict the pattern of capital expenditure.

Transport underspend of €100 million as compared with profile: I am advised by the Department of Transport that on roads there is an underspend as compared with profile of €64.5 million. The underspend is due to planning delays which occurred earlier this year and slower than anticipated land acquisitions.

On public transport, the underspend of €35.1 million to date is mainly due to: slower than anticipated progress on the closeout of Luas contracts including the finalisation of property purchases; slightly lower than anticipated expenditure on public safety transport and development projects; anticipated expenditure on integrated ticketing has been delayed due to an inconclusive procurement process. The RPA has submitted proposals to the Department of Transport for a revised implementation plan, which requires revising the profiled expenditure.

On the Health Service Executive, the underspend was €64 million. I am advised by the Department of Health and Children that the underspend to date is due in part to the establishment of the HSE and the resulting reorganisation of health structures in 2005 and to some general slippage on the capital programme in the early part of the year, in particular on some major projects.

The Office of Public Works — underspend of €44 million as compared with profile. I am advised by the Office of Public Works that expenditure on decentralisation is slower than anticipated.

Enterprise, Trade and Employment — underspend of €41 million. I am advised by the Department of Enterprise, Trade and Employment that capital expenditure was €41 million behind forecast to the end of September. The main factors contributing to the underspend are buoyancy in Enterprise Ireland and IDA's own income and lower than anticipated draw-down of grants by companies.

Agriculture — underspend of €30 million. I am advised by the Department of Agriculture and Food that the main reasons for below profile spending are: subhead H, Farm Waste Management. The impact of improved grant rates approved for the farm waste management scheme, FWM, is not expected to take effect until 2006. The take up rate to date has been somewhat slower in the current year than anticipated. Subhead I, Forestry. The rate of planting under the afforestation scheme has been lower than anticipated in the current year. Subhead G, Installation Aid. There was a lower than anticipated number of applications for the installation aid scheme in 2005 to date.

Communications, Marine and Natural Resources — underspend of €27 million. I am advised by the Department of Communications, Marine and Natural Resources that the major components in the shortfall are: delayed procurement process for phase II of MANs broadband programme; and general underspend in a number of other capital programmes due to slower than anticipated progress and to delays arising from later than expected agreement on or submission of payment claims.

Arts, Sport and Tourism — underspend of €25 million. I am advised by the Department of Arts, Sport and Tourism that the underspend arises from delays in the construction timeframes in relation to a number of projects being grant aided.

Community, Rural and Gaeltacht Affairs — underspend of €22 million. I am advised by the Department of Community, Rural and Gaeltacht Affairs that the underspend is primarily because of delays in a number of major islands projects. A considerable portion of the Department's Gaeltacht and rural capital programme is delivered through local authorities and claims under these programmes have been slower than expected.

Departmental Agencies.

Eamon Ryan

Question:

117 Mr. Eamon Ryan asked the Minister for Finance the reporting and accountability procedures which have been put in place by his Department to oversee the National Development Finance Agency’s new role of managing the procurement of PPP projects and bringing them through to completion; and if he will make a statement on the matter. [26553/05]

The National Development Finance Agency Act 2002, No. 29 of 2002, provides for accountability and reporting arrangements for the National Development Finance Agency, NDFA, in regard to its functions. Under section 12 of the Act, the board of the agency is charged with ensuring that its functions are performed effectively. Under section 20 of the Act, the agency is subject to audit and examination by the Comptroller and Auditor General. The chief executive officer and the chairperson are required to give evidence to the Committee of Public Accounts, whenever required, primarily through the examination of the annual report and accounts and any other special report of the Comptroller and Auditor General.

My Department is examining, in conjunction with the NDFA and the Office of the Attorney General, whether legislative amendments may be required to allocate the new functions to NDFA and related matters.

In order to ensure maximum impetus to the new initiative, the Government decided that NDFA should commence the new role on an interim non-statutory basis. The NDFA will report directly to me in relation to its procurement functions. The board will be strengthened by the appointment of two additional board members, in due course.

Ministers sponsoring individual projects will continue to be responsible for all aspects of the assessment and approval of such projects, including the decision to procure the project as a PPP, signing off on project budgets, output specifications and other service requirements. The NDFA will be responsible for procuring the projects within these parameters. The NDFA will be tasked with the management of the procurement delivery stage of the PPP projects and carrying out any negotiations needed. They will hand over the completed project to the Minister-Department concerned after construction.

Tax Collection.

Thomas P. Broughan

Question:

118 Mr. Broughan asked the Minister for Finance with regard to the almost €2.5 billion remaining outstanding in uncollected taxes, his views on the proportion of this the Revenue Commissioners expect to recover; if new measures are planned to assist in the collection of outstanding taxes; and if he will make a statement on the matter. [26622/05]

I am advised by the Revenue Commissioners that the total tax debt outstanding at 31 March 2005, as reported in Revenue's annual report and in the recent report of the Comptroller and Auditor General, was €1.2 billion, not €2.5 billion as quoted by the Deputy.

As with any tax system, there will always be people who pay late, people who try to avoid paying and people who cannot pay. In this context it is important to note that the debt of €1,217 million at 31 March 2005 is €146 million or 10.7% less than at 31 March 2004. The figure represents 2.5% of annual gross collection and is one of the lowest percentages of any tax administration internationally. This compares to a total debt of 4% of gross receipts in 1999, 15% in 1994 and 30% in 1989. Of this figure, €278 million of the total debt is under appeal with a further €349 million under control or at enforcement. The remainder, €590 million, is under active collection.

It is the goal of Revenue, as stated in its Statement of Strategy 2005-2007, that all debt on record should be less than five years old, or the subject of active enforcement or court proceedings. In this context, I am advised by Revenue that it would expect the current collectible tax debt and any additional debt that will arise for periods up to 31 December 2004, through assessments made by Revenue or submission of overdue returns by taxpayers, would ultimately be reduced over the next five years by 96%. That reduction will be achieved primarily by collection of the debt due.

Revenue has emphasised the changing element of the debt make-up and the difficulty that this creates in making an estimate of the likely reduction in the debt figure over a five-year period. Revenue's strategies and methodologies adopted to achieve a reduction over a five-year period will be subject to annual review and evaluation that is carried out within the context of the business planning process.

Tax Code.

Willie Penrose

Question:

119 Mr. Penrose asked the Minister for Finance if he is committed to keeping those on the national minimum wage out of the tax net; the number of persons on the national minimum wage who have been brought back into the tax net as result of the increase to €7.65 per hour which came into operation from 1 May 2005; if he will take steps to remove these low earners from the tax net; and if he will make a statement on the matter. [26643/05]

The Government is committed to having the minimum wage exempt from tax. However, we are also committed to sustaining economic growth and keeping the public finances in a healthy condition. The question of restoring the position which applied after budget 2005 where those earning the minimum wage were removed from the tax net will be a matter for consideration in the context of the annual budgets over the next number of years consistent with the Government's overall economic and budgetary strategy.

I might remind the Deputy that it was this Government that introduced the minimum wage to protect low paid workers and it was this Government who over the last eight budgets removed a record number of about 465,000 workers from the tax net entirely. In addition, I would point out that we now have one of the highest minimum wages in the European Union. Since its introduction in April 2000, the minimum wage has increased by almost 37% taking account of the latest increase; this is well ahead of inflation.

The present entry point to income tax is €14,250 per annum for a single person on PAYE aged under 65. The Revenue Commissioners provisionally estimate that there will be roughly 37,000 income earners in an income range which would bring them into the tax net if their annual earnings reflected fully the increase in the national minimum wage. However, this group will of necessity include part-time workers earning more than the minimum hourly wage, and certain pensioners whose earnings are in the equivalent range. The 37,000 should therefore be seen as the upper limit for any estimate of the number who may ultimately come into the tax net on a full year basis as a result of the minimum wage increase.

The estimates of the numbers removed from the tax net over the last eight budgets and those who may ultimately come into the tax net on a full year basis in 2005 as a result of the minimum wage increase are calculated on a revised post-budget 2005 basis using as a base the most recent data available relating to the tax year 2002.

Tax Collection.

Breeda Moynihan-Cronin

Question:

120 Ms B. Moynihan-Cronin asked the Minister for Finance the number of claims made by taxpayers for refunds of overpaid tax in each of the past five years and to date in 2005; the amount being claimed in applications currently before the Revenue Commissioners; and if he will make a statement on the matter. [26638/05]

I am informed by the Revenue Commissioners that the number of reviews of tax liability sought by PAYE taxpayers in the past five years which resulted in refunds are as follows:

Year

No. of Reviews

2000

292,952

2001

306,111

2002

304,272

2003

314,298

2004

350,016

2005 (to 23rd September ’05)

322,361

It is not possible to indicate the amounts involved in review requests which are currently on hands as any overpayments or underpayments are only known when the review is completed. In the period 1 January to 23 September 2005 a total of €249,161,995 has been repaid on foot of the reviews processed.

Tax Yield.

Brendan Howlin

Question:

121 Mr. Howlin asked the Minister for Finance the estimated additional revenue likely to accrue to the Exchequer in terms of excise duties and VAT over and above the estimates at the budget, arising from the increase in the price of petrol and other oil products; and if he will make a statement on the matter. [26629/05]

The taxation of motor fuel and other oil products is made up of two elements, mineral oil excise and VAT. The amount of mineral oil excise collected is based on the volume of motor fuel sold, in this case the number of litres of petrol, or diesel sold. The revenue collected from mineral oil excise does not fluctuate with price changes. Therefore, assuming there is no change in the volume sold, the increase in tax revenue arising from increases in the cost of motor fuels will correspond to an increase in VAT revenue.

Accordingly, I am advised by the Revenue Commissioners that the estimated additional yield from VAT over and above the budget estimate is as set out below:

Oil Product

Estimated Additional VAT Revenue 2005

€m

Petrol

43.7

Auto Diesel

3.7

Kerosene

12.8

Marked Gas Oil

8.3

LPG

0.5

Total

69.0

It must, however, be borne in mind that to the extent that spending in the economy is re-allocated to motor fuel and other oil products and away from other VAT liable spending and to the extent that the overall level of economic activity is reduced by higher oil prices, there may be little or no net gain to the Exchequer.

State Property.

Willie Penrose

Question:

122 Mr. Penrose asked the Minister for Finance the position regarding the planned sale of State property announced; the list of property sold to date and the amount raised; the way in which the money used has been raised; the properties it is planned to sell during 2005; and if he will make a statement on the matter. [26644/05]

My reply to a parliamentary question of 27 April 2005, reference 13351/05, and a parliamentary question of 1 June 2005, reference 18286/05, refers.

Disposed List of Properties 2004.

Building

Title

Price

Closing Date

2 Church Street, Dungarvan, Co. Waterford.

Fee Simple

337,000

12th May 2004

Lad Lane, Dublin 2.

Leasehold — 92 years

22,500,000

5th May 2004

Blacklion Customs Frontier Post Site Cavan

21,586.23

16th March 2004

72-76 St. Stephen’s Green, Dublin 2.

Fee Simple

52,300,000

15th Sept. 2004

Kilmacthomas G.S., Co. Waterford.

Fee Simple

100,000

13th August 2004

14/16 Lord Edward Street, Dublin 8.

Fee Simple

8,780,140.48

30th August 2004

Thomastown G.S., Co. Kilkenny.

Fee Simple

450,000

7th December 2004

Total 2004:

84,488,726.71

Disposed List of Properties 2005

Building

Title

Price

Closing Date

Dungloe former SWO, Co. Donegal.

Freehold

300,003.84

5th May 2005

Leighlinbridge G.S., Co. Carlow — (plot of land)

Fee Simple

165,000.00

Sept. 2005

Ballinskelligs Old G.S., Co. Kerry.

Fee Simple

409,693.03

30th August 2005

St. John’s Road.

44,916,551.79

10th August 2005

Ashbourne G.S. — Disposal of part of site.

Fee Simple

2,125,000.00

September 2005

Kilronan CGS, Galway. Sale of site to Údarás.

1,416.53

14th July 2005

Galway — 16 Eyre Square.

9,920.59

18th August 2005

Total 2005:

47,927,585.78

The bulk of the proceeds of these sales will go to finance the decentralisation programme while €10 million of the proceeds has been applied to priority projects, mainly in the Garda area.

Identification of properties surplus to requirements is continuously evolving, premature release of disposal information and timescales would affect the potential income from such disposals. It is proposed to bring the following properties to the market by end of 2005: the former Veterinary College, Shelbourne Road, Ballsbridge, Dublin 4; Nos. 26-27 Eden Quay, Dublin 1; Lynch's Lodge Hotel, Macroom, County Cork; the former Garda station, Ballymore, County Westmeath; the former Garda house, Knocknagoshel, County Kerry; the former Customs post and road station, Bridgend, County Donegal; and the former Garda station, Muff, County Donegal.

Tax Evasion.

Joe Costello

Question:

123 Mr. Costello asked the Minister for Finance if his attention has been drawn to the call made by the Irish Congress of Trade Unions for the introduction of stricter rules for tax advisers to prevent abusive tax planning; his response to the call made; and if he will make a statement on the matter. [26624/05]

I understand that the general secretary of the Irish Congress of Trade Unions has called for stricter penalties and sanctions to be introduced where tax advisers are involved in tax abuse.

As Minister for Finance, I have made it clear that I will put in place whatever measures are necessary when the need to address complicity in tax non-compliance is identified. My first Finance Act, Finance Act 2005, contained provisions to ensure the effectiveness of the powers of the Revenue Commissioners to pursue prosecutions not only against persons who engage in tax evasion but also against those who facilitate tax evasion.

In addition, the Act introduced a new offence of being knowingly concerned in the fraudulent evasion of tax. It also provides that where an offence is committed by a body corporate, any director, officer or manager who consented, connived or approved of the commission of the offence or was reckless as to whether an offence was being committed, is also deemed to be guilty of the offence concerned.

The Finance Act 2005 changes add to the comprehensiveness of the provisions in relation to the relevant Revenue offences. More generally, the new provisions enhance the armoury of the Revenue Commissioners in dealing with tax evasion and I am satisfied they address the point being made by the general secretary of congress.

Tax Collection.

Jack Wall

Question:

124 Mr. Wall asked the Minister for Finance, in regard to the Revenue Commissioners investigation into undisclosed funds invested in life assurance products, the number of persons who made personal declarations prior to the deadline on 23 May 2005; the way in which this compares with the original estimate; the total amount paid in settlements to date; if any estimate is available of the likely final amount of payments; and if he will make a statement on the matter. [26639/05]

I am advised by the Revenue Commissioners that about 10,000 notices of intention to make a disclosure were received from taxpayers, or agents on their behalf, by the 23 May deadline. In some instances the notices were described as protective, with taxpayers needing to establish whether in fact any liabilities arose. Revenue was not in a position to make any estimate of the numbers in advance of the deadline. Since that date about 5,000 individuals have made payments totalling €367 million. Revenue have been following up on those who, having given notice of an intention to disclose, did not do so and, while final figures are not yet available, it now appears that a substantial number of them will have no additional liability. It is not possible at this stage to give a reliable estimate of the final amount likely to be recovered.

Money Laundering.

Bernard J. Durkan

Question:

125 Mr. Durkan asked the Minister for Finance the discussions he has had with his EU colleagues with a view to improving banking or financial transaction systems in order to prevent money laundering; and if he will make a statement on the matter. [26761/05]

Bernard J. Durkan

Question:

219 Mr. Durkan asked the Minister for Finance if he has had any discussions with his EU colleagues with a view to the introduction of legislation for the prevention of money laundering through various financial transactions; and if he will make a statement on the matter. [27090/05]

Bernard J. Durkan

Question:

220 Mr. Durkan asked the Minister for Finance if he has had any discussions with his EU colleagues with a view to updating regulations for the prevention of money laundering through financial services; and if he will make a statement on the matter. [27091/05]

I propose to take Questions Nos. 125, 219 and 220 together.

There is strong co-ordination of measures to deter money laundering in the financial system at EU level. A third money laundering directive has recently been adopted by the Council and the Parliament and is due to come into affect shortly. The directive will require to be transposed into domestic legislation in each member state within 24 months of its coming into effect.

The third money laundering directive will replace and update the 1991 and 2001 money laundering directives which imposed obligations on financial institutions and, more recently, on lawyers, accountants and auctioneers to identify their clients and report suspicious transactions to the police authorities. The new directive reflects the 2003 revision of the recommendations of the Financial Action Task Force on Money Laundering, the main international anti-money laundering organisation. One of its central features is to strengthen the obligation on financial institutions, and others, to identify the beneficial ownership of legal entities. It will also impose an obligation on financial institutions and others to pay particular attention to "politically exposed persons", as defined in the third money laundering directive, from other member states and from third countries. The directive also brings terrorist funding into the money laundering framework and introduces the concept of a risk-based approach to the implementation of its requirements. The directive will require amendment of our domestic legislation in relation to money laundering.

Ireland also participates in work to ensure that the EU legal frameworks are adapted to the FATF's special recommendations on terrorist financing. For example, a proposal to tighten controls of money transfers in order to cut off funding sources for terrorists and other criminals has been presented by the European Commission in line with FATF recommendations. The proposed regulation would require that money transfers be accompanied by the identity of the sender. The proposed measures will ensure that this information will be immediately available to the appropriate law enforcement authorities.

The issues of money laundering and criminality generally are also regularly discussed at the Justice and Home Affairs, JHA, Council of the EU.

Banking Sector.

Jan O'Sullivan

Question:

126 Ms O’Sullivan asked the Minister for Finance if his attention has been drawn to the recent report of the Competition Authority showing that Irish consumers were continuing to pay over the odds for bank services; the steps he will take to ensure transparency and fair treatment for users of the banks; and if he will make a statement on the matter. [26641/05]

Michael Ring

Question:

143 Mr. Ring asked the Minister for Finance if he has endorsed the recommendations of the Competition Authority which fall to be implemented by him in respect of competition in the banking sector; and if he will make a statement on the matter. [26698/05]

I propose to take Questions Nos. 126 and 143 together.

The publication of the Competition Authority's final report on competition in the non-investment banking sector on 22 September 2005 is welcome. The report focuses on two markets — personal current accounts and SME lending. It finds that Irish banks do not compete aggressively for existing customers in those markets. The report maps out a series of steps to be taken to build greater competition in the banking industry. It highlights several areas in which financial institutions can through increased competition be more responsive to customer's needs, thereby increasing choice and the quality of services provided.

The 25 recommendations contained in the Competition Authority's report are directed largely at the industry, its representative bodies, the financial regulator and Central Bank, as well as to the Minister for Finance.

In summary, the authority recommends action to make it easier for both personal and SME customers to switch both loan and current account providers. It also identifies a need for improved information on financial products. Finally, the authority recommends actions aimed at creating a more open and flexible payment clearing system.

Some important actions have already taken place in line with these recommendations. The IBF has adopted a voluntary switching code aimed at streamlining the process of changing banks by personal current account holders. The authority recommends both the extension of this code to cover SME current accounts and that the financial regulator should monitor its operation with a view to implementing a statutory scheme if it proves ineffective. The authority acknowledges that the Irish Payment Services Organisation, IPSO, has acted to remove some barriers to entry to the clearing system, and is engaged in further reforms of its organisational structure.

Points addressed for the attention of the Minister for Finance include the issues of stamp duty, the regulation of banking charges and the question of improvements in the area of mortgages and cheques.

Measures have already been taken, through the Finance Act 2005, to eliminate a double stamp duty charge on switching of financial cards. The authority suggests that the existence of the stamp duty may be an inhibitor to competition as it acts as a disincentive to the holding of multiple accounts, and recommends that an analysis to see if this is the case be done. Since the duty is levied without discrimination on issues of financial cards and, in view of the Finance Act 2005 changes, there would not seem to be a persuasive case that the duty, per se, creates any significant competitive distortion. Accordingly, while I am having the report examined, I do not see a prima facie case to incur the costs of performing such a general analysis.

The authority recommend that regulation of non-interest bank charges should only end once its other recommendations to facilitate and improve market entry and switching have been successfully implemented and are working in practice to improve competition.

The report acknowledges that any measures aimed at improving competition in the mortgage market needs to take account of relevant EU developments. The question of facilitating the transfer of mortgages raises important legal issues, including in relation to conveyancing and contract law.

At present paper cheques are returned to issuing banks as part of the clearing cycle. The authority suggests that IPSO should investigate if new technology, allowing banks to exchange electronic images of cheques, known as cheque truncation, would yield efficiency benefits. I support the authority's view that legislation should not be passed unless this investigation establishes a business case for cheque truncation. I am open to proposals for changes to legislation to facilitate improved cheque handling technology, if such is required.

In addition to the recommendations addressed directly to me, I will be monitoring closely progress in implementing all the recommendations contained in the report and their impact overall to ensure that the legislative and regulatory framework for financial services supports a competitive market environment.

Oil Prices.

Trevor Sargent

Question:

127 Mr. Sargent asked the Minister for Finance if, in his analysis, oil prices will continue to rise; and if he will make a statement on the matter. [26555/05]

My Department does not forecast oil prices. However, the World Economic Outlook published by the IMF in September projected that oil prices would average $61.75 next year, compared to an average of $54.23 this year.

Infrastructural Development.

Ciarán Cuffe

Question:

128 Mr. Cuffe asked the Minister for Finance if the target level of infrastructural output for the southern and eastern regional programme under the current national development plan will be met by 2006; and if he will make a statement on the matter. [26548/05]

I understand that the Deputy is referring to the output gained under the local infrastructure priority of the regional programme. For the period January 2000 to December 2004, some €1.63 billion was spent on this priority under the southern and eastern regional operation programme. This represented some 95% of the original expenditure profile for the priority. Funding under this element of the operational programme provides for a wide range of investment including non-national roads, rural water schemes, waste management facilities, urban and village renewals projects, e-commerce infrastructure, seaports, safety projects at regional airports, habitat preservation and heritage conservation.

The most recent data on the operational programme available to my Department relates to the period January 2000 to December 2004. This suggests that outputs are consistent with targets and the level of expenditure incurred. This is particularly evident with respect to investment in the non-national roads, rural water and urban and village renewal measures. Progress reports for the period to the end of June 2005 will be presented to the next meeting of the monitoring committee at the end of this month.

Decentralisation Programme.

Eamon Ryan

Question:

129 Mr. Eamon Ryan asked the Minister for Finance the number of persons who have applied for decentralised positions since the Government introduced the programme; and if he will make a statement on the matter. [26554/05]

The central applications facility received over 9,000 applications for decentralisation up to the closing date for priority applications which was 7 September 2004. Since that date, a steady stream of new applications have been received. At the start of the summer the figure for post 7 September 2004 new applicants was 750. This figure has risen to 1,300 over the last three months following the publication of the most recent decentralisation implementation group report.

The central applications facility remains open, continues to accept applications, and will do so for the foreseeable future.

Tax Code.

Olivia Mitchell

Question:

130 Ms O. Mitchell asked the Minister for Finance if he has received any fresh analysis of the tax relief availed of by top earners as revealed by the revenue study of the 400 highest earners; and if he will indicate the findings. [26691/05]

The Revenue Commissioners' study, Effective tax rates of the Top 400 earners: Report for the Tax Year 2001, was published by my Department in March of this year. I am informed by the Revenue Commissioners that a study of the effective tax rates of the top 400 earners in 2002 is close to completion and will be published in the normal course.

Decentralisation Programme.

Brian O'Shea

Question:

131 Mr. O’Shea asked the Minister for Finance the position regarding the decentralisation of Ordnance Survey Ireland to Dungarvan, County Waterford; and if he will make a statement on the matter. [26541/05]

As part of the decentralisation programme it is intended that 210 posts of Ordnance Survey Ireland, OSI, will decentralise to Dungarvan, County Waterford. Initial data from the central applications facility indicates that while 15 staff of OSI have applied to decentralise to Dungarvan, there are a further 47 expressions of interest in decentralising to Dungarvan OSI by civil servants.

All organisations that are decentralising, including OSI, have prepared and submitted an implementation plan as requested by the decentralisation implementation group, DIG. This plan included detailed material on all issues to be addressed in terms of people, property and business planning and will be further developed as additional information emerges.

In regard to property acquisition, I understand from the Office of Public Works that agreement has been reached on the terms for the purchase of a site for OSI in Dungarvan. Contracts for sale have been received by the Chief State Solicitor's office for processing and approval.

National Development Plan.

Pádraic McCormack

Question:

132 Mr. McCormack asked the Minister for Finance the steps he is taking to ensure that the national development plan is fully implemented in the Border, midlands and western region; and if he will make a statement on the matter. [26543/05]

Denis Naughten

Question:

152 Mr. Naughten asked the Minister for Finance the steps he is taking to implement objective one in transition in the Border, midlands and western region; and if he will make a statement on the matter. [26544/05]

I propose to take Questions Nos. 132 and 152 together.

The responsibility of my Department is to ensure that resources are made available to meet the Government's priorities and to secure full drawdown of Ireland's allocation of structural funds. To date, the level of Exchequer resources made available under the NDP has been greater than originally profiled.

Significant progress continues to be made in the implementation of the national development plan in the Border, midland and west region. The most recent monitoring data reported to my Department indicates that overall some €9.6 billion has been expended under the plan over the period January 2000 to December 2004. In 2004 alone, more than €1 billion was spent on the key economic and social infrastructure programme in the BMW region. This represented 96% of projected expenditure for the year 2004 with total expenditure at nearly 90% of projected levels for the period January 2000 to December 2004. In the national roads programme €168 million more was spent in the BMW region in 2004 than in all of 2003. In the housing programme, expenditure in the BMW region from January 2000 to December 2004 reached 120% of projected expenditure for the period. Expenditure on the health programme over the same period amounted to 99% of forecast.

While performance of the productive sector operational programme remains behind the original targets set in 1999 in both the BMW and southern and eastern regions, performance of both regional operational programmes remains strong in relation to public sector investment in local infrastructure, micro-enterprise support and social inclusion but weaker on schemes dependent on private sector demand, particularly in the agricultural sector. Expenditure on the employment and human resource development operational programme is broadly consistent with targets in both regions with expenditure of nearly €3 billion or 94% of the original expenditure targets being incurred in the BMW region for the period 2000 to 2004.

The Deputy will be aware that expenditure under the EU funded elements of the operational programmes will continue until the end of 2008. Therefore, expenditure which will occur in the years 2007 and 2008 must be considered when viewing the rate of progress on the measures supported by the structural funds. To ensure full utilisation of structural funds and matching public resources, expenditure levels should exceed 50% at the end of 2004 the mid-way point in the programming period. At the end of 2004 estimated expenditure of the structural funds and matching public resources amounted to €1.4 billion or 72% of profile. This is above the mid-way target and should ensure that all structural funds for the programming period 2000-06 are fully expended.

The BMW region is categorised as an Objective 1 region for the full programming period 2000-2006. Due to the growth of the region's economy relative to the EU average, the region will qualify for structural funds under the proposed regional competitiveness and employment objective or Objective 2 for the period 2007-13. The transitional arrangements proposed for natural growth regions, such as the BMW, are not yet finalised at this stage due to uncertainty over the EU's financial perspective for the 2007-13 period and the ongoing negotiation of the structural funds' regulatory framework for the future planning period.

Oil Prices.

Dan Boyle

Question:

133 Mr. Boyle asked the Minister for Finance if, in his analysis, oil prices will continue to rise, the way in which they have affected GDP, GNP, inflation and other indicators of economic development in the first ten months of 2005; and if he will make a statement on the matter. [26546/05]

My Department does not forecast oil prices. However, the World Economic Outlook published by the IMF in September projected that oil prices would average $61.75 next year, compared to an average of $54.23 this year.

The profile of oil prices this year has been of a gradual increase during the year. A sharp spike in oil prices was recorded in August and September, although this has subsequently been reversed somewhat. Given the gradual nature of these increases, the impact on GDP, GNP and inflation would appear to have been relatively moderate so far. However, a further increase could have an impact on some of these variables in the future.

Tax Collection.

Seán Ryan

Question:

134 Mr. S. Ryan asked the Minister for Finance the number of individuals, companies and trusts being investigated by the Revenue Commissioners arising from the Clerical Medical Insurance-National Irish Bank inquiry at the latest date for which figures are available; the number of cases where settlements have been agreed and the total amount paid to date; the number of cases still outstanding; and if he will make a statement on the matter. [26647/05]

I am informed by the Revenue Commissioners that arising from the Clerical Medical Insurance-NIB inquiry, 465 cases have been targeted for investigation.

To date, 302 cases have been settled on payment of tax, interest and penalties amounting to a total of €51.82 million. A further 117 cases have been finalised with no additional liability arising. The remaining 46 cases are the subject of ongoing investigation, in respect of which €3.68 million has been paid on account.

In the course of 2003, three cases were prosecuted, with fines being imposed in two cases and a suspended sentence imposed in the other. The individuals concerned have also settled their tax affairs and paid the outstanding tax, together with interest and penalties. A further case is currently under investigation with a view to prosecution. Aggregate results of the ongoing investigations have been published each year since 1998 in the annual reports of the Revenue Commissioners. Individual details of settlements have also been published where the provisions of section 1086 of the Taxes Consolidation Act 1997 applied.

Joe Sherlock

Question:

135 Mr. Sherlock asked the Minister for Finance the number of individuals, companies and trusts being investigated by the Revenue Commissioners arising from the Ansbacher accounts at the latest date for which figures are available; the number of cases where settlements have been agreed and the total amount paid to date; the number of cases still outstanding; if any additional action has been taken by the Revenue Commissioners arising from the report of the Ansbacher inspectors; and if he will make a statement on the matter. [26649/05]

I am advised by the Revenue Commissioners that their Ansbacher review team has been carrying out detailed investigations since October 1999. The investigation has essentially two elements. There are Ansbacher type arrangements and there are other cases involving offshore funds and deposits.

Revenue has advised that the review team has inquired into 289 cases to date and 147 of these cases have been finalised. The 289 cases, taking account of spouses and connected companies, consist of 300 names. The 289 cases are made up of 179 cases listed on the High Court inspectors' report and 110 similar cases discovered by Revenue or listed on the authorised officer's report. A total of 211 cases have been under active investigation. The remaining cases consist of 62 non-resident persons, including 17 former Irish residents, 12 individuals who claimed the 1993 amnesty provisions and four cases with insufficient identity information.

The investigation includes examining the tax position of disclosed entities and accumulating and assembling information on other connected entities. The number of connected entities in regard to cases under investigation is now nearly 700. Revenue is making extensive use of its legislative powers to seek books, records, documents and information in the cases being investigated. Where appropriate, prosecutions will be considered but these will depend on the level of evidence available.

Revenue has made ten successful applications to the High Court for the production by financial institutions and third parties of books, records and other documentation, which are relevant to liabilities of Ansbacher account holders. Some 200,000 documents have been received under the terms of the High Court orders. Advanced investigative computer software is used in controlling and managing the documentation.

To date, a total of €53.01 million has been received, consisting of settlements and payments on account, in respect of 100 cases. This is made up as follows:

Cases

€ million

Cases involving Ansbacher or Ansbacher type arrangements

81

43.63

Other cases involving offshore funds or deposits

19

9.38

Total

100

53.01

The 147 cases which have been finalised consist of 72 cases which were settled on payments of €42.51 million, included in the amount above, 45 non-resident cases which are covered by the provisions of double taxation agreements, 25 cases where no additional liabilities arose and 5 which were covered by the 1993 amnesty provisions.

Revenue made an application under section 11 of the Companies Act 1990 for a copy of the High Court inspectors' report which was made available to Revenue on 6 July 2002. The information in this report has been carefully considered as regards the tax liabilities of the persons concerned. In addition, Revenue made a further application to the High Court for access to the supporting papers to the High Court inspectors' report. The High Court order in the matter was granted in June 2004 and perfected in January 2005 and allows for access to documents relating to clients of Ansbacher named in the High Court inspectors' report and those persons and companies, including members of the board, found by the High Court inspectors to have failed to co-operate with their inquiry. The order also allows for Revenue to make application and grounding affidavit for the obtaining of information and documents relating to any other individual or company. Access to documents is subject to the direction of the High Court. Revenue has applied, on foot of the order, for access to documentation in respect of certain cases named in the High Court inspectors' report. Some documentation has been supplied and further documentation is awaited.

Revenue has informed me that although substantial progress has been made, some of the investigations are time-consuming and complex and are likely to continue for some time to come.

Special Savings Incentive Scheme.

David Stanton

Question:

136 Mr. Stanton asked the Minister for Finance if he is considering a new product to encourage people to continue saving after the special savings incentive accounts begin to mature in 2006; and if he will make a statement on the matter. [24469/05]

The SSIA scheme opened on 1 May 2001 and entry to it closed on 30 April 2002. The accounts are due to mature between May 2006 and April 2007 at the end of the five year period. A total of 1.17 million accounts were opened during the period outlined.

The specific goal of the SSIA scheme was to encourage people to save over a period of at least five years. Its effect has been to stimulate such savings over varying income ranges which is evident in the extensive take-up by many low income earners. The scheme has been a success in those terms. The scheme has a specific duration. Any proposals for new savings schemes to replace the SSIA scheme would be considered as part of the normal annual budgetary process taking account of public policy objectives and Exchequer cost implications.

Tax Collection.

Jack Wall

Question:

137 Mr. Wall asked the Minister for Finance the progress made to date in regard to the second phase of its investigation into the use of life assurance products for tax evasion, which commenced on 23 May 2005; and if he will make a statement on the matter. [26640/05]

I am advised by the Revenue Commissioners that they are conducting their investigation into the use by taxpayers of life assurance investment products for the purposes of tax evasion in two stages. In the first stage of these inquiries taxpayers, who invested undisclosed and undeclared funds in life assurance products were given until 23 May 2005 to advise Revenue about their problem. This part of the disclosure stage has now been successfully completed and about 10,000 notices of intention to make a disclosure were received from taxpayers of their agents. Some of these notices were protective. Correspondence was received from others indicating that no liabilities arose.

Revenue formally commenced the second stage of its investigation into the use of life assurance products for tax evasion on 23 May 2005. As part of this process Revenue has already contacted and met with representatives of a number of life assurance companies. Revenue will shortly be contacting other life assurance companies. New powers given in the Finance Act 2005 authorise Revenue officers to examine the records that relate to a class or classes of life assurance policies and policyholders in the course of conducting sampling exercises. Insurance companies have already been contacted in this regard and the powers are now being used. This work will assist Revenue in furthering their investigation through applications to the High Court for information in respect of relevant policyholders.

Tax Code.

Fergus O'Dowd

Question:

138 Mr. O’Dowd asked the Minister for Finance his views on the opinion expressed by a person (details supplied) that second homes should be subjected to a specific tax; and if he will make a statement on the matter. [24470/05]

I have no plans to introduce a tax on second homes. If any such proposal were to be made it would be necessary to consider the possible impact not only on the demand for such houses but also on the supply of new residences and on employment and output in the construction sector generally. The history of taxation intervention in the residential property market over the past ten years has shown that it is much easier to get the balance wrong than it is to get the balance right in terms of output, prices and employment.

EU Summits.

John Gormley

Question:

139 Mr. Gormley asked the Minister for Finance if he attended the informal ECOFIN meeting in Manchester on 9 and 10 September 2005; and if he will make a statement on the matter. [26552/05]

I attended the informal ECOFIN Council meeting in Manchester on 9 and 10 September. This meeting was attended by ministers for finance and governors of central banks of all 25 EU member states and of Bulgaria and Romania. As you will be aware, no formal decisions are adopted at informal ECOFIN Council meetings but a useful and informative exchange of views took place on a number of issues, including the following: On responding to the challenges of globalisation, the meeting emphasised the need for trade openness, globally and between the EU and its major trade and investment partners, and the need for constant up-skilling of the labour force through investment in education and training in order to be able to exploit new areas of comparative advantage. On development financing — the EU statement for the UN high level meeting on financing for development of 14 September was agreed. On implementation of stability and growth pact — Ministers reached political agreement on the existence of an excessive budget deficit in Portugal. In accordance with the new provisions of the pact, and in light of relevant factors, including the cyclical slowdown and the size of the adjustment required, Portugal was to be allowed six months to present corrective action and until 2008 at the latest to bring its excessive deficit to an end. On the current economic situation and financial stability, the EU Presidency statement for the international monetary and financial committee of the IMF was agreed and a statement on rising oil prices was also made. Ireland agreed with the consensus that oil prices are likely to remain high for the foreseeable future and that short term policy responses should avoid being distortionary and should not have the effect of postponing the necessary adjustment by economic agents to the new higher oil price environment; On the West Bank and Gaza, Ministers agreed on the importance of supporting economic regeneration in the West Bank and Gaza Strip at this historic time. They welcomed options for increased EU support for infrastructure and the private sector, delivered jointly by the Commission and the European Investment Bank through technical assistance and appropriate financial resources. On counter-terrorist financing, Ministers repeated their commitment to international standards to tackle terrorist finance and money-laundering, implement these standards themselves in Europe and help other countries do so. A key element of this approach must be international technical assistance to countries. Ministers agreed that they would work together to emphasise at the IMF and the World Bank meetings later in September that international technical assistance must be co-ordinated, high quality and effective. Overall the meeting succeeded in making good progress on important issues as outlined in this reply.

Decentralisation Programme.

Liz McManus

Question:

140 Ms McManus asked the Minister for Finance the anticipated costs, in terms of acquiring and equipping premises and other related costs at the latest date for which figures are available of the original decentralisation programme announced in budget 2004 and the slimmed down version announced in December 2004; and if he will make a statement on the matter. [26634/05]

The Government is committed to the full implementation of the decentralisation programme announced in budget 2004, involving some 10,300 civil and public service jobs in more than 56 locations. My office is in the process of procuring appropriate properties in the designated locations for the Departments and agencies involved, with much progress having been made over the past year. Property acquisition negotiations are completed or are significantly advanced at 23 locations.

The prevailing property market conditions in each geographical area have a significant bearing on the cost of acquiring sites. As the acquisition process is still in progress, it is not possible at this stage to provide a precise estimate of the cost of the site acquisition programme. However, for working purposes only, an indicative figure of €75 to €100 million is being used by the OPW.

As the Deputy will know, the decentralisation implementation group, DIG, in its report of November 2004 announced the names of the Departments and organisations selected as ‘early movers' and set out a timetable for provision of accommodation. At the same time the group published a report on the procurement and financial aspects of decentralisation. A further report in June 2005 updates the timetable announced in November 2004, includes a timetable for the balance of organisations comprehended by the decentralisation programme, and sets out commencement and completion dates for accommodation ranging from the final quarter of 2005 to end of 2009. I am confident that this programme will be successfully implemented.

In regard to the public private partnership approach recommended by the DIG, my office has been developing a comprehensive risk-adjusted costing of project elements to measure the value-for-money of future PPP bids. Although property solutions will include leasing and fitting-out of existing buildings, it is anticipated that, in the majority of cases, the accommodation facilities will be provided by the construction of new office buildings and cost estimation can be approached on that basis. However, in advance of actual market testing of any procurement methodology, it is possible, at this time, only to assign the most general measurements of cost to such a large-scale, diverse and complex programme.

It is estimated that approximately 210,000 square metre of office space will be required to accommodate the total numbers included in the programme. Current OPW cost norms in respect of offices would indicate an average build-cost to fit-out standard, in the range of €1,800 per square metre to €2,200 per square metre. Such figures exclude VAT, professional fees and inflation. In addition, the cost of equipping the accommodation to standard office equipment levels could be estimated at c. €4,000 per person. This would exclude the cost of information and communication technology and specialised equipment requirements. Such general measurements of cost do not include specialised facility and equipment requirements and other variables which would arise from the spread of possible procurement methodologies. In addition, general cost indicators of this type show a snapshot in time.

It is self-evident that a firmer scale of costs for the decentralisation programme will only emerge on foot of actual cost proposals being received from the market. It will be some months yet before sufficient data can be extracted from a suitable range of tender competitions to provide a basis on which more robust estimates of the overall cost of the programme can be made. Nevertheless, it can be estimated that, generally-speaking, the cost of providing accommodation in provincial, compared to central Dublin locations should yield considerable cost savings to the State over time in terms of site costs, capital build costs and indeed maintenance costs.

Oil Prices.

Jim O'Keeffe

Question:

141 Mr. J. O’Keeffe asked the Minister for Finance if his attention has been drawn to the impact of the increase in diesel prices on the cost of freight for Irish producers; and if he will make a statement on the matter. [26671/05]

I can assure the Deputy that I am aware of the impact of higher diesel prices on freight costs for Irish producers.

Fuel prices are driven by a number of factors, including the price of oil on international markets, exchange rates, production costs and refining costs. The rise in oil prices over recent periods reflected additional factors such as geopolitical uncertainty, supply disruptions and strong economic growth in "catch-up" countries such as China. However, mineral oil taxes are a factor influencing fuel prices. In this regard, proposals submitted to me, from those most affected by the rising costs, which seek changes in the taxation on fuel, will be considered in the context of preparations for the forthcoming budget.

EU Directives.

Emmet Stagg

Question:

142 Mr. Stagg asked the Minister for Finance the number of EU directives for which his Department has responsibility that are yet to be implemented; the numbers in respect of which the deadline has passed; and if he will make a statement on the matter. [26652/05]

There are currently four EU directives for which my Department has responsibility which have to be implemented before their relevant deadlines. In addition, there are a further three EU directives which, despite being fully implemented by Ireland, still appear on the EU Commission's list of outstanding directives. The Commission has been informed of this position. We await notification from the Commission that it has removed these three directives from its list of outstanding directives.

The details of each of the four directives still to be implemented are set out as follows: 1. Council Directive 2005/19/EC amending Directive 90/434/EEC 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchange of shares concerning companies of different member states. This directive amends the 1990 mergers directive which provides tax neutrality for cross-border company restructuring. The amending directive extends tax deferral to a larger number of cases and improves the methods to secure tax neutrality while safeguarding the financial interests of member states. The deadline for implementation is 1 January 2006; 2. Council Directive 2004/18/EC: Revised Public Sector Procurement Directive. This directive co-ordinates the procurement procedures for the award of public works contracts, public supply contracts and public service contracts. The deadline for implementation is 30 January 2006; 3. Council Directive 2004/17/EC: Revised Utilities Sector Procurement Directive. This directive co-ordinates the procurement procedures of entities operating in the water, energy, transport and postal services sector. The deadline for implementation is 30 January 2006; 4. Council Directive 2004/39/EC Markets in Financial Instruments Directive, MIFID. This directive allows investment firms to provide their services across the EU on the basis of their home country authorisation, that is, it will give them an effective "single passport". The deadline for implementation is 30 April 2006. However, in view of the complexity of the directive and the changes in IT and other administrative procedures which the financial services sector will have to make, the Commission has proposed that the date for implementation be extended by six months. This would extend the deadline to the end of October 2006, with a further six months for industry to comply. This proposed extension is likely to be approved by Council.

Every effort is made by my Department, in conjunction with the Office of the Attorney General and Parliamentary Counsel to the Government, to ensure that directives are implemented within their deadlines and this is expected to be achieved in regard to the four directives listed above.

Question No. 143 answered with QuestionNo. 126.

Decentralisation Programme.

Pat Rabbitte

Question:

144 Mr. Rabbitte asked the Minister for Finance the latest information available from the central applications facility in respect of applications from civil servants and other public servants currently located in Dublin who wish to transfer to new locations outside of Dublin under the Government’s decentralisation programme; the way in which this compares with the Government target of 10,300; if agreement has now been reached with all public service unions regarding promotional opportunities for those who choose to move and those who opt to remain where they are; and if he will make a statement on the matter. [26631/05]

The latest figures from the central applications facility show there is very substantial interest in the programme. During the period for priority applications up to 7 September 2004, approximately 9,000 applications were made. Over 8,000 of these were from civil servants with the balance made up of applications from public servants. Of these 4,813 were from civil and public servants, 4,236 civil servants and 577 public servants, currently located in Dublin. New applications for decentralisation continue to be received. Since the period for priority applications finished in September 2004, 1,300 new applications have been received.

Discussions are continuing between the management and the Civil Service unions on the implementation of the programme. It would not be appropriate for me to comment in detail on these discussions.

Róisín Shortall

Question:

145 Ms Shortall asked the Minister for Finance if any estimate has been undertaken of the number of civil or public servants, who do not wish to relocate, who will be surplus to requirements as a result of their jobs being transferred to other locations under the Government’s decentralisation programme; the jobs which will be provided for these persons; and if he will make a statement on the matter. [26636/05]

From the outset both the Government and I have made it clear that participation in the decentralisation programme is voluntary. Because of the nature of the programme it is not possible at this stage to estimate the number of public servants who do not wish to relocate as individual circumstances are open to change and therefore figures can fluctuate. The picture will become clearer over the coming period as staff is assigned to decentralising organisations. Those public and civil servants who do not wish to relocate outside Dublin will be offered alternative posts in Dublin. Regular consultations are of course taking place with unions representing civil and public servants. These consultations are seeking to address the full range of issues concerning civil and public servants wishing to relocate and those who want to remain in Dublin.

Tax Code.

Breeda Moynihan-Cronin

Question:

146 Ms B. Moynihan-Cronin asked the Minister for Finance his plans to review the operation of the tonnage tax under which certain shipping operators can opt to pay a notional tax based on tonnage rather than standard corporation tax; the number of vessels that currently qualify and the amount of tax foregone; his plans to impose any conditions on companies opting for this system, such as a requirement to employ crews on an acceptable level of payment and conditions; and if he will make a statement on the matter. [26637/05]

Tonnage tax was introduced here in the 2002 Finance Act to help the Irish shipping sector. Tonnage tax now applies in most maritime EU member states and it is encouraged by the EU Commission as a means of retaining shipping business in the EU. The operation of this tax is at present being reviewed by my Department, the Office of the Revenue Commissioners and The Department of Communications, Marine and Natural Resources.

The number of ships in tonnage tax as of September 2005 stands at 44. The ships are spread across 18 companies in four groups.

Tax Yield.

Michael D. Higgins

Question:

147 Mr. M. Higgins asked the Minister for Finance if he will make a statement on the Exchequer returns for the first nine months of 2005. [26627/05]

As the Deputy may be aware, I have issued a press statement regarding the end-September Exchequer returns, which is available on my Department's website. The results to the end of the third quarter indicate that the public finances remain in a sound position. Tax revenue, at €26,440, million is €1 billion ahead of profile at end September. Year on year tax receipts were up 7.5% compared to the profiled increase of 3.4% to end September 2005. The main excesses are on VAT, €351 million, stamps, €348 million, income tax, including receipts from Revenue's special investigations, €300 million and excise, €181 million, while corporation tax is €281 million below profile. Overall net voted spending was €24,670 million at end September compared to €22,685 million for the same period last year, an increase of 9%. This was €916 million below the profile published in January and compares to the planned increase of 11% for the year as a whole provided for in the Revised Estimates.

Question No. 148 answered with QuestionNo. 115.

Decentralisation Programme.

Pat Rabbitte

Question:

149 Mr. Rabbitte asked the Minister for Finance if the Government’s decentralisation plan will be carried out on a totally voluntary basis and that staff will either be offered inducements to transfer or subject to penalties if they decide not to move; and if he will make a statement on the matter. [26632/05]

The programme of decentralisation will be implemented through the transfer of staff on a voluntary basis. There will be no redundancies and, as on previous occasions, the payment of removal or relocation expenses will not arise. Consultations are being held with the public service unions on an ongoing basis to address the concerns of all staff affected by the programme.

Public Contracts.

Paul Kehoe

Question:

150 Mr. Kehoe asked the Minister for Finance if he has issued directives on fixed price contracts on capital projects; and if he has sought information from Departments on the extent to which contracts issued in 2005 have been of this nature. [26678/05]

Bernard J. Durkan

Question:

212 Mr. Durkan asked the Minister for Finance the public contracts or procurements which have exceeded the contract price in each of the past five years; and if he will make a statement on the matter. [27083/05]

Bernard J. Durkan

Question:

213 Mr. Durkan asked the Minister for Finance his plans to monitor public contracts or procurements with a view to protection against costly overruns; and if he will make a statement on the matter. [27084/05]

I propose to take Questions Nos. 150, 212 and 213 together.

The primary responsibility for the procurement, management and implementation of capital projects rests with individual Departments and public bodies under their aegis subject to compliance with general conditions of sanction and accountability. It is important to ensure a much closer alignment between the agreed tender price and the final outturn cost to minimise the potential for cost overruns. To help achieve this, my Department has put in place an integrated set of actions to address the issues of better management and implementation of capital programmes and projects. These include the five-year rolling multiannual capital envelopes framework, guidelines for the appraisal and management of capital expenditure and a programme of reform of construction procurement.

With regard to construction procurement reform, the Government decided in 2004 to introduce new arrangements to help reduce the scale of and scope for cost overruns in capital projects. My Department, with the assistance of the Government contracts committee for construction, has developed a suite of new draft standard forms of contract and conditions of engagement for construction related services, which introduce fixed price lump sum contracts tendered on a competitive basis with appropriate risk transfer. These are subject to consultation with the construction industry and professional bodies with a view to having them in place early next year. These initiatives should enhance the management of capital programmes and help to improve the cost effective delivery of construction projects over the medium to longer term.

Special Savings Incentive Scheme.

Joe Sherlock

Question:

151 Mr. Sherlock asked the Minister for Finance the number of special savings investment accounts opened at the latest date for which figures are available; the average amount of savings per investor per month; if, on the basis of any such figures, he will give a definite figure for likely cost to the Exchequer of the special savings investment accounts; when the first payments will become due; the amount expected to be paid out by the Exchequer in each of the first 12 months after the specials savings investment accounts mature; and if he will make a statement on the matter. [26650/05]

I am advised by the Revenue Commissioners that, based on the analysis of the 2004 SSIA annual returns furnished by all qualifying savings managers, the total number of active accounts at 31 December 2004 was 1,094,294 and the average monthly subscription at that date was €175. As indicated in replies to previous parliamentary questions, it is not possible to give a definitive answer as to the eventual cost of the scheme as it is subject to a number of variables including where participants voluntarily withdraw from the scheme or vary their monthly contributions over the remaining period of the scheme. For this reason also, it is not possible to state the amount expected to be paid by the Exchequer in each of the 12 months after the SSIAs begin to mature in May 2006. The cost of the scheme in 2004 was €548 million. If the current average monthly subscriptions for the first eight months of 2005 continued for the full year, the annual cost in 2005 will be approximately €587 million. The total gross cost over the period of the scheme is reduced by the exit tax to be returned when the accounts mature. The first SSIA accounts are due to mature at the end of May 2006.

Question No. 152 answered with QuestionNo. 132.

Tax Code.

Denis Naughten

Question:

153 Mr. Naughten asked the Minister for Finance the position regarding the introduction of roll-over relief on capital gains tax for farmers who have had their lands purchased for road construction or wish to consolidate their farms; and if he will make a statement on the matter. [26179/05]

As previously advised to the Deputy in replies to parliamentary questions on 30 November 2004, 28 June 2005 and 28 September 2005, capital gains tax is a tax on a capital gain arising on the disposal of assets. A 20% rate of CGT applies on the gains arising on the disposal of assets, including land which is the subject of a compulsory purchase order. 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 CGT 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 taxation of these gains would take place following the eventual disposal of the new assets without their replacement. 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. Such reliefs and allowances made sense when CGT rates were 40% and above. In budget 1998, the rate was halved from 40% to 20%. Taxing capital gains when they are realised is the most logical time to do so, and this change brought CGT into line with other areas.

In budget 2005, I 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 relief is contained in section 121 of the Finance Act 2005, which provides 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 only be charged on the amount of the difference in the value of the lands concerned. Guidelines on the application of this relief are available from the Department of Agriculture and Food.

Motor Fuels.

Billy Timmins

Question:

154 Mr. Timmins asked the Taoiseach the average price of a litre of petrol and diesel in June 1997 and August 2005. [26868/05]

Average price per litre.

June 1997

August 2005*

IR£

Unleaded Petrol

0.621

0.789

1.076

Autodiesel

0.573

0.728

1.057

* Provisional.

Health Services.

Jack Wall

Question:

155 Mr. Wall asked the Tánaiste and Minister for Health and Children the funding available to organisations seeking to provide refuge facilities for women; and if she will make a statement on the matter. [26972/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy. The responsibility for the provision of refuges lies with the Department of the Environment, Heritage and Local Government.

Ruairí Quinn

Question:

156 Mr. Quinn asked the Tánaiste and Minister for Health and Children the plans he has relating to budget 2006 regarding the increasing of funding for services to women who are victims of violence; and if she will make a statement on the matter. [26976/05]

Ruairí Quinn

Question:

187 Mr. Quinn asked the Tánaiste and Minister for Health and Children her plans in relation to her requests to the Minister for Finance regarding budget 2006 to increase funding for services to women who are victims of violence; and if she will make a statement on the matter. [27006/05]

I propose to take Questions Nos. 156 and 187 together.

My Department does not directly fund or co-ordinate health and personal social services to victims of abuse. Moneys are made available each year, formerly through the health boards, and now through the Health Service Executive, for the provision of services to women victims of violence. In recent years there has been a substantial increase in funding so that more than €12 million is provided annually for the provision of such services. The distribution of this funding is a matter for the HSE. The Tánaiste and Minister for Health and Children asked the HSE to carry out an analysis of the current service provision in this area and to report back to her. I have been informed by the HSE that the final draft report is complete. The publication of the report into the examination of the service requirements of rape victims is imminent. The Minister awaits this report with interest and will be further informed by its findings.

Caoimhghín Ó Caoláin

Question:

157 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children his plans regarding the case presented by a range of national organisations for increased funding for frontline organisations addressing the issue and consequences of violence against women. [27021/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Finian McGrath

Question:

158 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if she will give the maximum support and financial assistance to a person (details supplied) in Dublin 5; and if she will ensure that this person receives all grants needed. [26372/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Drugs Payment Scheme.

Billy Timmins

Question:

159 Mr. Timmins asked the Tánaiste and Minister for Health and Children the position on a single person who has to pay €85 monthly for medication on the drug refund scheme while a married couple have to pay the same amount; if there are allowances for single persons to assist with this payment; and if she will make a statement on the matter. [26950/05]

The statutory basis for the drug payment scheme, DPS, is section 59 (2) of the Health Act 1970. It states the Health Service Executive shall make arrangements to meet the balance of the cost, or a portion thereof for expenditure on drugs, medicines and medical and surgical appliances for the treatment of a person or his-her dependants. Family expenditure covers the nominated adult, his-her spouse, including a person with whom he/she is living with as husband or wife, and children under 18 years. Dependants over the age of 18 years and under the age of 23 years who are in full-time education may also be included. A dependant with a physical disability or a mental handicap or illness who cannot maintain himself-herself fully and who does not hold a current medical card may be included in the family expenditure under this scheme. There are no plans to amend the conditions of the scheme.

Health Services.

Billy Timmins

Question:

160 Mr. Timmins asked the Tánaiste and Minister for Health and Children the position on the need for increased Government funding for frontline services for women who have suffered violence; and if she will make a statement on the matter. [26951/05]

My Department does not directly fund or co-ordinate health and personal social services to victims of abuse. Moneys are made available each year through the health boards or now the Health Service Executive, for the provision of services to women victims of violence. In recent years there has been a substantial increase in funding so that more than €12 million is provided annually for the provision of such services. The distribution of this funding is a matter for the HSE. The Tánaiste and Minister for Health and Children asked the HSE to carry out an analysis of the current level of service provision in this area and to report back to her. I have been informed by the HSE that the final draft report is complete. The publication of the report into the examination of the service requirements of rape victims is imminent. The Minister awaits this report with interest and will be further informed by its findings.

Accident and Emergency Services.

Charlie O'Connor

Question:

161 Mr. O’Connor asked the Tánaiste and Minister for Health and Children the progress that has been made to date with her ten-point plan to improve accident and emergency services in hospitals; and if she has satisfied herself with the progress; and if she will make a statement on the matter. [26957/05]

The implementation of the measures identified in the ten-point plan to improve the delivery of accident and emergency services is a matter for the Health Service Executive. These measures take a wide-ranging approach and are aimed at improving access to accident and emergency services, improving patient flows through accident and emergency departments, freeing up of acute beds and providing appropriate longer term care for patients outside of the acute hospital setting. The HSE is working with hospitals to deliver these measures and to ensure the investment produces sustainable solutions. Additional actions are required, which relate to processes and procedures affecting the throughput of patients in hospitals. These will also be addressed by the HSE. My Department has asked the parliamentary affairs division of the HSE to reply directly to the Deputy on the progress made to date in implementing these measures.

Health Service Reform.

Charlie O'Connor

Question:

162 Mr. O’Connor asked the Tánaiste and Minister for Health and Children the progress that has been made to date in implementing the Government’s health service reform programme; and if she will make a statement on the matter. [26958/05]

Significant progress has been achieved in the implementation of the health service reform programme since it was announced by the Government in June 2003. The Health Service Executive was established on a statutory basis with effect from 1 January 2005 under the Health Act 2004. The executive took over responsibility for the management and delivery of health services from the Eastern Regional Health Authority, the health boards and a number of other specified agencies. On 6 March 2005 I approved the national service plan submitted by the HSE under the 2004 Act. A copy of the plan was laid before both Houses of the Oireachtas on 6 April and it has been published on the Internet by the executive. The executive submitted its corporate plan for 2005 to 2007 to me and it will be laid before the Houses of the Oireachtas in accordance with the Act.

In February 2005, a framework document on corporate and financial governance issued to the Health Service Executive. The executive is drafting its own code of governance in keeping with the framework and its code will require ministerial approval. The code is expected to map internal governance arrangements to ensure adequate accountability and stewardship. When the code is approved the executive is required by the Act to arrange for its publication. The framework document is being adapted with a view to issuing it to health sector agencies funded directly by my Department in the light of their statutory status and requirements. The board of the interim health information and quality authority was appointed in March 2005 and is tasked with making the necessary organisational preparations for the establishment of the authority on a full statutory basis. My Department is preparing draft heads of Bill for the establishment of the health information and quality authority and the social services inspectorate.

My Department is drafting regulations providing for the establishment of not more than four regional health forums following consultation with the Minister for the Environment, Heritage and Local Government. It is intended to have them made as soon as possible after the completion of the consultation with the Minister for the Environment, Heritage and Local Government. Draft regulations regarding dealings between the Health Service Executive and Members of the Houses of the Oireachtas are being finalised. It is my intention to lay these regulations before the Oireachtas in the near future.

Work is ongoing on the research and consultation necessary to inform the drafting of regulations governing the introduction of a statutory framework for dealing with complaints received by the executive. A consultation process on the handling of complaints made to the HSE has been held and a report on its findings is due to be submitted to my Department shortly to inform the making of regulations. An order providing for the convening of the national health consultative forum is under preparation in my Department.

Health Services.

Charlie O'Connor

Question:

163 Mr. O’Connor asked the Tánaiste and Minister for Health and Children the progress which has been made in the development of cancer services since 1997; her plans for the development of such services and the actions she will be taking to ensure such services are available in all regions of the country; and if she will make a statement on the matter. [26959/05]

Since 1997 there has been a cumulative additional investment of approximately €720 million in the development of appropriate treatment and care services for people with cancer. This investment has enabled the funding of more than 100 additional consultant posts in key areas of cancer care throughout the country. The funding has also provided for the appointment of an additional 245 cancer care nurse specialist across the regions. An evaluation of the first national cancer strategy demonstrated that the key goal of the strategy, to achieve a 15% decrease in mortality from cancer in the under 65 age group, was achieved in 2001, three years ahead of target.

BreastCheck, the national breast screening programme commenced in March 2000 with phase one of the programme covering the eastern, north eastern and midland regions of the country. The expansion of the programme to the south east has commenced and screening services are available in Counties Wexford and Carlow. The roll-out of the programme to the remaining regions in the country is a major priority in the development of cancer services. A design team has been appointed to work up detailed plans for the construction of two new BreastCheck clinical units, one at the South Infirmary-Victoria Hospital Cork and the other at University College Hospital Galway. Approximately €21million capital funding has been made available and my Department is in discussions with BreastCheck regarding the revenue requirements for the programme. There are approximately 130,000 women in the target population for screening in the southern and western regions and BreastCheck is confident that the target date of April 2007 for the commencement of the roll-out will be met.

I am committed to the roll-out of the national cervical screening programme in line with international best practice. Following the publication of the international expert's report on the feasibility and implications of a national roll out, my Department undertook a consultative process with relevant professional and advocacy stakeholders. My Department will now discuss options for a national roll-out of the programme with the Health Service Executive.

The Government's policy on radiation oncology is based on the report, The Development of Radiation Oncology Services in Ireland. Recent developments in Cork and Galway have resulted in the provision of an additional fivelinear accelerators and the appointment of an additional five consultant radiation oncologists. Last July I announced the Government's plan for a national network of radiation oncology services to be put in place by 2011 and commencing in 2008. The network will consist of four large centres in Dublin, Cork and Galway and two integrated satellite centres at Waterford Regional Hospital and Limerick Regional Hospital. The Government considers that the best option in terms of improving geographic access for patients in the north western area is to facilitate access for those patients to radiation oncology services as part of North-South co-operation on cancer. I have met the Minister for Health for Northern Ireland, Mr. Shaun Woodward, to discuss access by patients mainly in the north-west to radiation oncology services at Belfast City Hospital. I will meet him again shortly to further progress the Government's position on radiation oncology. Officials of my Department will also meet officials of the Department of Health, Social Services and Public Safety in Northern Ireland shortly. The Government is committed to making the full range of cancer services available and accessible to cancer patients throughout Ireland in line with best international standards. It is important to build teams of highly expert clinicians working together to deliver top quality cancer care to cancer patients. To this end, we will provide considerable investment in oncology services in the coming years.

The national cancer forum is finalising a new national cancer strategy. The strategy has been developed in consultation with major stakeholders including professional and voluntary groups and the public and will have regard to the multifaceted aspects of cancer control. The strategy will set out the key priorities for the development of cancer services over the coming years and will make recommendations in relation to a balanced organisation of cancer services nationally, with defined roles for hospitals in the delivery of cancer care. It is anticipated that this work will be completed before the end of the year.

Medical Cards.

Charlie O'Connor

Question:

164 Mr. O’Connor asked the Tánaiste and Minister for Health and Children the progress that has been made in discussions with the Irish Medical Organisation in introducing the new general practitioner medical cards; if, in the event of no agreement being reached with the Irish Medical Organisation, there are alternative arrangements for achieving the objectives behind the doctor visit card initiative; and if she will make a statement on the matter. [26960/05]

Charlie O'Connor

Question:

165 Mr. O’Connor asked the Tánaiste and Minister for Health and Children the changes that have been made in the qualification criteria for traditional medical cards; the number of persons who will be able to qualify for medical cards in view of these changes; and if she will make a statement on the matter. [26961/05]

I propose to take Questions Nos. 164 and 165 together.

Following the recent clarification issued by the Labour Relations Commission, there is full agreement between the parties and this will mean the Health Service Executive can proceed with the introduction of general practitioner visit cards to 200,000 people who will have free access to general practitioner services under the general medical services scheme. Applications for assessments on eligibility for visit cards are being processed by the HSE. The income assessment guidelines used by the HSE in considering applications for medical cards were increased by 7.5% with effect from 1 January 2005. Significant changes were also announced in the area of allowances to applicants in respect of dependants and reasonable expenses incurred relating to mortgage, child care and commuting to work. It was anticipated that these increases would result in a net additional 30,000 medical cards. To date, the net number of additional cards issued has not significantly exceeded the figure for the end of 2004. My Department and the HSE are reviewing the operation of the income assessment guidelines with a view to identifying what further changes may be required to enable the desired number of additional medical cards to be issued.

Nursing Home Subventions.

Jack Wall

Question:

166 Mr. Wall asked the Tánaiste and Minister for Health and Children the number of applications for enhanced nursing home subventions on the waiting lists of the HSE; the timescale involved in regard to an application being processed; the mechanism used in the process; and if she will make a statement on the matter. [26985/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Jack Wall

Question:

167 Mr. Wall asked the Tánaiste and Minister for Health and Children her views on the preset mechanism adapted by the HSE in processing nursing home enhanced grants; her further views on the turnover effect of the application; if her attention has been drawn to the major problems families are encountering in seeking to obtain bridging funding due to the period of time involved and the waiting list system used; and if she will make a statement on the matter. [26986/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Jack Wall

Question:

168 Mr. Wall asked the Tánaiste and Minister for Health and Children the nursing home subvention applications made to the HSE since the implementation of the scheme; and if she will make a statement on the matter. [26987/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Jack Wall

Question:

169 Mr. Wall asked the Tánaiste and Minister for Health and Children the applications for enhanced nursing home subventions made to the HSE since the implementation of the scheme; and if she will make a statement on the matter. [26988/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Housing Aid for the Elderly.

Pat Breen

Question:

170 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for persons (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26989/05]

Pat Breen

Question:

171 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26990/05]

Pat Breen

Question:

172 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26991/05]

Pat Breen

Question:

173 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for persons (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26992/05]

Pat Breen

Question:

174 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for persons (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26993/05]

Pat Breen

Question:

175 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26994/05]

Pat Breen

Question:

176 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26995/05]

Pat Breen

Question:

177 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26996/05]

Pat Breen

Question:

178 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26997/05]

Pat Breen

Question:

179 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26998/05]

Pat Breen

Question:

180 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [26999/05]

Pat Breen

Question:

181 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for persons (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [27000/05]

Pat Breen

Question:

182 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [27001/05]

Pat Breen

Question:

183 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for persons (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [27002/05]

Pat Breen

Question:

185 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [27004/05]

I propose to take Questions Nos. 170 to 183, inclusive, and No. 185 together.

The Deputy's questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for the provision of the housing aid scheme for the elderly, on behalf of the Department of the Environment, Heritage and Local Government. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Health Services.

Pat Breen

Question:

184 Mr. P. Breen asked the Tánaiste and Minister for Health and Children, further to Question No. 115 of 1 February 2005 and Question No. 225 of 12 April 2005, when a person (details supplied) in County Clare will receive a full assessment of their needs in order for any equipment to be issued from the Health Services Executive; and if she will make a statement on the matter. [27003/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department previously requested the parliamentary affairs division of the executive to arrange to have this matter investigated and I have been informed by the executive that a reply was issued to the Deputy on 26 May 2005.

Question No. 185 answered with QuestionNo. 170.

Medical Inquiries.

Fergus O'Dowd

Question:

186 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the reason for the delay in publishing the report of the Our Lady of Lourdes Hospital inquiry; when it will be published; when the redress board will be established; and if she will make a statement on the matter. [27005/05]

My Department is advised by the Our Lady of Lourdes Hospital inquiry that its report is at an advanced stage and is completing a necessary legal process before it will be furnished to me.

Last March I met with representatives of Patient Focus, a group representing a number of patients who attended the maternity unit at Our Lady of Lourdes Hospital, Drogheda. I advised the group that I would await the report of the inquiry before consulting with the Government on the request for the establishment of a redress board. I intend to meet with the group again following receipt of the report of the inquiry.

Question No. 187 answered with QuestionNo. 156.

Health Services.

Bernard Allen

Question:

188 Mr. Allen asked the Tánaiste and Minister for Health and Children if she will investigate the situation of a person (details supplied) in County Cork. [27007/05]

Bernard Allen

Question:

189 Mr. Allen asked the Tánaiste and Minister for Health and Children if she will investigate the situation of a person (details supplied) in County Cork. [27008/05]

I propose to take Questions Nos. 188 and 189 together.

The Deputy's questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Hospital Services.

John Deasy

Question:

190 Mr. Deasy asked the Tánaiste and Minister for Health and Children the recommendations made by the sub-committee established to examine a designated transport system for patients who have to travel to Dublin for radiotherapy treatment; if this sub-committee has completed its findings; when she will implement the recommendations; and if she will make a statement on the matter. [27009/05]

As I have previously indicated to the House, I consider that appropriate transport arrangements for patients requiring radiotherapy should be made available, where necessary, by the Health Service Executive. My Department raised this matter with the HSE last May to ensure that appropriate transport arrangements are put in place on a national basis for patients who are required to travel to obtain radiotherapy. Transport solutions are already a feature of the provision of radiation oncology services.

Last July I announced the Government's plan for a national network of radiation oncology services to be put in place by 2011 and commencing in 2008. The network will consist of four large centres in Dublin, Cork and Galway and two integrated satellite centres at Waterford Regional Hospital and Limerick Regional Hospital. Appropriate transport arrangements will form part of the planning and implementation of this plan, given the significant increase in capacity involved.

The national radiation oncology coordinating group, NROCG, provides advice to my Department and the HSE on radiotherapy. In light of the above and the fact that under the Health Act 2004, the HSE has responsibility for the management and delivery of health and personal social services, the NROCG does not intend to prepare a specific report on transport.

Accident and Emergency Services.

Martin Ferris

Question:

191 Mr. Ferris asked the Tánaiste and Minister for Health and Children if she will make a statement on the proposed new accident and emergency unit at Kerry General Hospital. [27010/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy on this matter.

Health Services.

Ned O'Keeffe

Question:

192 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children if she will make funding available to an organisation (details supplied) in Dublin. [27100/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Ned O'Keeffe

Question:

193 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children if she will arrange for persons (details supplied) in County Cork to be assessed as soon as possible. [27101/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Parliamentary Questions.

Caoimhghín Ó Caoláin

Question:

194 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the number of parliamentary questions tabled to her Department since 1 January 2005; the number referred by her Department to the Health Service Executive for reply directly to Dáil Deputies in the same period; the number of parliamentary questions to her Department in the period 1 January 2003 to 31 September 2003; and the number referred to the health boards by her Department for reply directly to Dáil Deputies in the same period. [27136/05]

The information requested by the Deputy is being compiled by my Department and will be forwarded to the Deputy as soon as possible.

National Drugs Strategy.

Seán Haughey

Question:

195 Mr. Haughey asked the Tánaiste and Minister for Health and Children if she is satisfied that adequate services are in place to rehabilitate drug misusers; the policy she has set out for the Health Service Executive in this regard; and if she will make a statement on the matter. [27137/05]

The National Drugs Strategy 2001-08 includes 36 actions which fall under the treatment, rehabilitation and risk reduction pillar. The delivery of services under this pillar involves a complex network of statutory and non-statutory agencies working in partnership. The principal agencies involved are the Department of Health and Children; the Health Service Executive, HSE; the Prison Service; FÁS; the probation and welfare service; local authorities; the local drug task forces; and a wide range of community and voluntary bodies.

To address the problem of drug misuse, the HSE provides a wide range of drug addiction services including outreach, education, treatment, rehabilitation and community welfare in line with the actions set out in the National Drugs Strategy 2001-08. Furthermore, the HSE funds and co-ordinates a broad range of services provided by voluntary and community sector organisations. Additional annual funding provided to the HSE for drug treatment services since 1997 amounts to over €55 million. This funding has allowed for the employment of more than 730 staff in the drug addiction services and for the expansion of services including rehabilitation services.

The mid-term review of the national drugs strategy, NDS, has acknowledged the significant progress being made across the 36 actions under the treatment pillar of the strategy. It also recognises the importance of the development of a more comprehensive and interlinked approach to rehabilitation under the NDS. Given the overall importance of rehabilitation for drug misusers in terms of "moving on" and ultimately, reintegrating them into society, it has recommended a fifth pillar of the strategy be established to develop an integrated rehabilitation provision and develop actions to be implemented.

A working group to oversee development of the policy in this area has been established, chaired by the Department of Community, Rural and Gaeltacht Affairs. Membership of the working group comprises representatives of all the key stakeholders. The working group will report to the interdepartmental group on drugs and the Cabinet committee on social inclusion with the appropriate actions to be implemented. I am advised that the HSE is reviewing its existing rehabilitation services so that there is the greatest amount of synergy between both these processes.

Health Services.

Liz McManus

Question:

196 Ms McManus asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that the decision by the Health Service Executive to remove six residents with intellectual disability from the care of Pilgrim Foundation has been made without the agreement of the parents of these residents, some of whom have lived there for 16 years; the reasons for this decision; and if she will make a statement on the matter. [27138/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospitals Building Projects.

Tony Gregory

Question:

197 Mr. Gregory asked the Tánaiste and Minister for Health and Children the timescale and the works involved in the redevelopment of services at St. Ita’s and St. Joseph’s, Portrane; and if she will make a statement on the matter. [27140/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Willie Penrose

Question:

198 Mr. Penrose asked the Tánaiste and Minister for Health and Children the reason the package of care measures which were announced as part of her ten point plan, to ensure that persons would be kept and maintained within their own community, do not appear to have resources allocated to the Midland Health Board to allow it to be put in place; when the Midland Health Board will be given approval to put these measures in place as a significant number of persons could avail of them; and if she will make a statement on the matter. [27141/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy with the information requested.

Tribunals of Inquiry.

Enda Kenny

Question:

199 Mr. Kenny asked the Tánaiste and Minister for Health and Children the reason the Parents for Justice Limited group were neither consulted nor included in the drawing up of the terms of reference for the Madden inquiry as promised by her on 4 May 2005; the reason the inquiry has been restricted to include only children born alive but who died before the age of 12 years; if she will confirm that the terms of reference do not require the inquiry to deliver findings as compared to recommendations; and if she will make a statement on the matter. [27142/05]

On 1 September 2004, following an examination of the work of all inquiries by the Attorney General, the Government decided that the post mortem inquiry should furnish its final report not later than 31 March 2005 and that the inquiry would then cease to exist. The chairman of the inquiry, Ms Anne Dunne, SC, was so advised and requested to furnish her report to me on or before that date.

She submitted her report on the due date. However, having examined the content of the report, the Attorney General advised me in April that it could not be published, for a number of legal reasons. The Government subsequently approved the appointment of Dr. Deirdre Madden, a distinguished expert on medical law and ethics, on 3 May 2005 to provide me with a report on post mortem policy and practice by 21 December 2005.

Following her appointment and prior to finalisation of her terms of reference, Dr. Madden met various groups including Parents for Justice. She also spoke to key persons in Northern Ireland and the UK who were involved in similar inquiries. In view of the tight timeframe for her work and in order to deliver a comprehensive report by the December deadline, it was decided to concentrate on children born alive and under 12 years of age. Her terms of reference also include inquiring into allegations that pituitary glands were removed from children undergoing post mortem examination for sale to pharmaceutical companies within and outside the State.

Dr. Madden will inquire into, examine and review various aspects of post mortem practice and organ retention and will report on her findings and observations on each matter. She will also make recommendations on policy and legislative changes which she considers necessary. I am hopeful that Dr. Madden's analysis of the material available and her contact with relevant agencies will result in a comprehensive report that will help to put closure on the matter for the many families and next of kin affected by post mortem practice and organ retention.

Health Services.

Liz McManus

Question:

200 Ms McManus asked the Tánaiste and Minister for Health and Children the number of home help hours provided to older persons for years 2003, 2004, 2005 by county; and if she will make a statement on the matter. [27143/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Catherine Murphy

Question:

201 Ms C. Murphy asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that a HSE run clinical support centre is unable to continue supplying clinical support services to a child on the autistic spectrum due to the fact that he has finished his primary school education and is attempting to begin his secondary school education; if she will instruct the HSE to lift the employment ceiling and provide additional funding so that this child and others like him can continue to benefit from these services during their secondary school educations; the official policy of her Department regarding the provision of such services to those on the autistic spectrum during primary and secondary schooling; and if she will make a statement on the matter. [27151/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Finian McGrath

Question:

202 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) has experienced a delay in the provision of their occupational therapy service and to give this family the maximum support and assistance. [27156/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Catherine Murphy

Question:

203 Ms C. Murphy asked the Tánaiste and Minister for Health and Children if her Department will agree to provide an adequate speech and language therapy for six students who, it is hoped, will commence their secondary schooling in a special class within a specific school; her views on the fact such therapy is an essential part of life for children with autistic spectrum disorders; and if she will make a statement on the matter. [27157/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Tax Collection.

Denis Naughten

Question:

204 Mr. Naughten asked the Minister for Finance the progress made in developing an electronic declaration system for CAP exports; the functions of such a system; and if he will make a statement on the matter. [26982/05]

Following representations from CAP trade interests Revenue introduced an electronic system in July 2004 enabling them to submit their export declarations and refund claims on-line.

The development of this facility was consistent with the commitment given in the Revenue Statement of Strategy 2003-05 to increase the options available to do business on-line thereby providing a faster and more efficient service. The new system has been well received by the trade. The take up is expected to rise steadily in the next year. The system, referred to as CAP DTI, was developed in close co-operation with the Department of Agriculture and Food and allows Revenue to transmit the refund claims of each exporter electronically to the Department of Agriculture and Food through REACH.

The new system will facilitate the implementation of impending mandatory EU regulations, in particular a new format to the single administrative document, SAD. This enhancement is scheduled for completion in late 2006 in conjunction with Revenue's redesigned automatic entry processing, AEP, system.

Tax Code.

Richard Bruton

Question:

205 Mr. Bruton asked the Minister for Finance if he is satisfied with the extent to which PAYE tax payers overpay tax through failure to get all due tax reliefs. [27018/05]

I am informed by the Revenue Commissioners that they can only allow tax credits or reliefs on the basis of the information that is known to them. If the information on the tax credit certificate is incorrect or if there is a change in circumstances in the middle of the tax year then taxpayers are encouraged to notify Revenue and relief is given immediately through the PAYE system.

Where possible, reliefs are given automatically, for example through the tax relief at source system, which is in place for mortgage relief and medical insurance relief, and by automatically carrying forward certain recurring credits from one year to another.

Some reliefs, for example health expenses, will normally be claimed at the end of the tax year by lodging the appropriate claim form. For the year 2004, some 350,000 reviews were sought by PAYE taxpayers which resulted in refunds.

While it is true that not everybody claims their full entitlements, the vast majority of taxpayers are conscious of the credits and reliefs they are entitled to and, where claims are necessary, take the required action.

Revenue makes great efforts to inform PAYE taxpayers of their entitlements through: explanatory material included with the annual issue of tax credit certificates; a wide range of information leaflets and guides; a nationwide network of walk-in information offices; regional lo-call telephone helplines dedicated to PAYE taxpayers; and targeted advertising and publicity campaigns where warranted.

Revenue has also expanded its contact channels for PAYE taxpayers beyond just the telephone, walk-in offices and correspondence. It is already possible to claim certain credits and allowances through their website and by text messaging, and from early next year it will be possible for PAYE taxpayers to request reviews and claim rebates and most allowances and credits directly over the Internet. The telephone system is also being upgraded to allow a wider range of PAYE reliefs and credits to be claimed automatically over the phone using simple PIN-based security.

Paul Kehoe

Question:

206 Mr. Kehoe asked the Minister for Finance the financial conditions that are imposed by Revenue if a son leases land for farming from his father without having the green cert but having 180 hours; and if he will make a statement on the matter. [26971/05]

It would appear that the Deputy's question relates to stamp duty and I am informed by the Revenue Commissioners that there is an exemption from stamp duty in the case of the transfer of land to a person who is under the age of 35 years, who is the holder of specified educational qualifications together with the completion of a 180 hours Teagasc approved training programme where required and who complies with certain other conditions. However, this young trained farmer relief does not extend to a lease of land.

A lease of land from a father to a son is chargeable to stamp duty on the basis of the term of the lease and the amount of the premium and rent payable on foot of such a lease. The relevant rates of stamp duty are set out in the tables below.

Term of Lease

Rate of Stamp Duty on Rent

Lease for a term not exceeding 35 years or for any indefinite term

1% of the average annual rent

Lease for a term exceeding 35 years but not exceeding 100 years

6% of the average annual rent

Lease for a term exceeding 100 years

12% of the average annual rent

Amount of Premium

Rate of Duty

Up to €10,000

Exempt

€10,001 to €20,000

1%

€20,001 to €30,000

2%

€30,001 to €40,000

3%

€40,001 to €70,000

4%

€70,001 to €80,000

5%

€80,001 to €100,000

6%

€100,001 to €120,000

7%

€120,001 to €150,000

8%

Over €150,000

9%

Decentralisation Programme.

Jack Wall

Question:

207 Mr. Wall asked the Minister for Finance the position of the decentralisation of a section of his Department to Athy, County Kildare; the date of commencement for the change; the number of officials that have voluntarily agreed to the move; and if he will make a statement on the matter. [26973/05]

As part of the decentralisation programme it is intended that 250 posts of the Revenue Commissioners will be decentralised to Athy, County Kildare. I am advised by the Revenue Commissioners that the timing of the movement of staff to Athy is dependent on suitable accommodation being available. The Office of Public Works is currently examining a number of proposals in relation to a suitable site in Athy. The data from the central applications facility, CAF, published in September 2004 showed that a total of 86 applicants within Revenue and 48 applicants from other Departments have applied to decentralise with the Revenue Commissioners to Athy. There were also three applications from the wider public service.

Jack Wall

Question:

208 Mr. Wall asked the Minister for Finance the position regarding the decentralisation of the Department’s IT sector to Kildare town; the date of commencement of the operation; the number of officials that have agreed to move; and if he will make a statement on the matter. [26974/05]

As part of the decentralisation programme it is intended that 34 posts of my Department and 379 posts of the Office of the Revenue Commissioners will be decentralised to Kildare town.

The timing of the movement of staff to Kildare is dependent on suitable accommodation being available. I am advised by the Office of Public Works that it is currently examining a number of proposals in relation to a suitable site in Kildare town.

The data from the central applications facility, CAF, published in September 2004 showed that a total of 35 persons have applied for decentralisation with my Department and 120 persons have applied for decentralisation with the Office of the Revenue Commissioners to Kildare town.

Tax Code.

Billy Timmins

Question:

209 Mr. Timmins asked the Minister for Finance if he will drop the VAT charge on defibrillators for community groups who wish to purchase them; and if he will make a statement on the matter. [26977/05]

I regret to say that it is not possible under EU VAT law, with which Irish VAT law must comply, to do as the Deputy proposes.

Price Inflation.

Bernard J. Durkan

Question:

210 Mr. Durkan asked the Minister for Finance his plans to identify price increases not recorded in the CPI which have contributed to increases in the cost of living; and if he will make a statement on the matter. [27081/05]

Bernard J. Durkan

Question:

211 Mr. Durkan asked the Minister for Finance his plans to identify and combat price increases not recorded in the CPI which have contributed to increases in the cost of living; and if he will make a statement on the matter. [27082/05]

I propose to take Questions Nos. 210 and 211 together.

The director general of the Central Statistics Office, CSO, has sole responsibility for and is independent in deciding the statistical methodology and professional standards to be used in compiling the consumer price index, CPI. The CPI is designed to measure the change in the average level of the prices paid by consumers for goods and services. It measures in index form the monthly changes in the cost of purchasing a representative basket of consumer goods and services.

Maintaining a moderate rate of inflation remains a key priority of economic policy because of its importance in restoring competitiveness. I made no changes to indirect taxes in the budget and this will help to keep inflation low in 2005.

Questions Nos. 212 and 213 answered with Question No. 150.

Decentralisation Programme.

Bernard J. Durkan

Question:

214 Mr. Durkan asked the Minister for Finance the location that has proved most attractive in the context of the Government’s decentralisation programme; and if he will make a statement on the matter. [27085/05]

Drogheda has attracted the highest number of applications on the central applications facility. Over 1,000 civil and public servants have expressed a first preference on the CAF for that location.

Bernard J. Durkan

Question:

215 Mr. Durkan asked the Minister for Finance the cost to date of the Government’s decentralisation programme, including site or building acquisition; and if he will make a statement on the matter. [27086/05]

The OPW is currently in the process of procuring appropriate properties in the designated locations for the Departments and agencies involved in the Government's decentralisation programme. Property acquisition negotiations are completed or are significantly advanced at 23 locations. The total amount committed to date on site acquisition in these locations is approximately €35.7 million. The cost to date of professional services, including fees, site investigations, etc. is €1.6 million.

Bernard J. Durkan

Question:

216 Mr. Durkan asked the Minister for Finance when he expects the targets in respect of decentralisation to be achieved; and if he will make a statement on the matter. [27087/05]

I expect that the target of relocating over 10,000 civil and public servants will be achieved. There is significant interest in the programme and to date there have been 10,500 applications. As the Deputy knows responsibility for implementation within each Department lies with the relevant Ministers and I know my Cabinet colleagues are fully committed to the programme. The decentralisation implementation group set out a timetable for implementation of the Civil Service elements of the programme in its most recent report to me in June. The report can be found at www.decentralisation.gov.ie.

Bernard J. Durkan

Question:

217 Mr. Durkan asked the Minister for Finance the progress of the Government’s decentralisation programme; the number of public servants who have agreed to transfer on a county by county basis to date; the number that have already transferred; and if he will make a statement on the matter. [27088/05]

The Decentralisation Implementation Group was appointed to drive forward the overall implementation of the decentralisation programme. The two reports of the implementation group dated 31 March 2004 and 30 July 2004 provided detailed recommendations in implementing the programme. In addition, the implementation group prepared two further reports in November 2004 and one in June 2005 which were approved by the Government and subsequently published. The November report identified the organisations and locations which, in the implementation group's view, should be the first to relocate. This included details of the indicative construction completion dates in respect of office accommodation for the early mover organisations. The June 2005 report described the progress which has been made to date. It reviewed and updated the implementation plan in the light of the developments and dealt with the sequencing of further moves.

The OPW has to date agreed property solutions for most of the early mover locations. Sites for the remaining locations in the programme are being pursued by the OPW. The Public Appointments Service has provided Departments with the details of those civil and public servants who have applied to relocate with them. Departments are now arranging for the transfer of staff into each organisation for training purposes.

The table below shows the destination counties for applicant's first preferences for decentralisation. It should be noted that this table represents a snapshot of applications at a particular date. The position may change over time as applicants may opt to alter their first preference as the process evolves and as timeframes for relocating to particular towns are finalised. The Deputy may also wish to note that a small number of advance parties have relocated this year to Sligo, Portlaoise, Thurles, Tipperary town and Na Furbacha.

County

Total

Carlow

261

Cavan

213

Clare

293

Cork

832

Donegal

252

Galway

361

Kerry

345

Kildare

835

Kilkenny

215

Laois

331

Leitrim

354

Limerick

406

Longford

217

Louth

1,012

Mayo

542

Meath

656

Monaghan

139

Offaly

441

Roscommon

199

Sligo

163

Tipperary

523

Waterford

224

Westmeath

475

Wexford

504

Wicklow

130

Note: Some civil and public servants have expressed their first preference for a location other than those available on the CAF. These are not included in the above figures.

Money Laundering.

Bernard J. Durkan

Question:

218 Mr. Durkan asked the Minister for Finance if he is satisfied regarding the adequacy of legislation affecting financial transactions with particular reference to increased incidents of money laundering; and if he will make a statement on the matter. [27089/05]

Bernard J. Durkan

Question:

221 Mr. Durkan asked the Minister for Finance if he is satisfied that international banking and financial services have adequate protection to prevent money laundering; and if he will make a statement on the matter. [27092/05]

I propose to take Questions Nos. 218 and 221 together.

Irish legislation on money laundering is set out in the Criminal Justice Act 1994, as amended. Primary responsibility for legislation in the area of money laundering rests with the Minister for Justice, Equality and Law Reform. Enforcement of the legislation is primarily a matter for the Garda Síochána. In regard to regulation of the financial sector the role of the Minister for Finance is to bring forward legislative proposals under which the financial regulator can adequately supervise and regulate financial service firms including their compliance with their obligations under the anti-money laundering provisions of the Criminal Justice Act 1994. The financial regulator is independent in the exercise of its powers.

The financial regulator requires all institutions which it supervises, including international banking and financial services firms located in Ireland, to comply with the anti-money laundering legislation and relevant sectoral guidance notes and to have in place, the necessary procedures and controls to ensure such compliance. The adequacy of such systems is reviewed by the financial regulator in the course of its ongoing supervision of institutions and requirements for improvement advised to institutions as necessary. Furthermore, in accordance with its legal obligation under section 57(2) of the Criminal Justice Act 1994, the financial regulator is obliged to make reports to the Garda Síochána and the Revenue Commissioners where in the course of its supervision it suspects that an institution has breached the relevant money laundering provisions of the Criminal Justice Act 1994.

The Deputy will also be aware that a third money laundering directive has recently been adopted within the EU. This will increase existing anti-money laundering requirements, particularly by obliging affected bodies to identify the beneficial ownership of clients. This new directive will require amendments to our money laundering legislation.

Questions Nos. 219 and 220 answered with Question No. 125.
Question No. 221 answered with QuestionNo. 218.

Disabled Drivers.

Bernard J. Durkan

Question:

222 Mr. Durkan asked the Minister for Finance the progress to date with regard to implementation of the recommendations of the interdepartmental group which has reviewed the disabled drivers disabled passengers tax concession 1994 regulations; and if he will make a statement on the matter. [27093/05]

A special interdepartmental review group carried out a review of the operation of the disabled drivers scheme. The terms of reference of the group were to examine the operation of the existing scheme, including the difficulties experienced by the various groups and individuals involved with it, both on an administrative and user level, and to consider the feasibility of alternative schemes, with a view to assisting the Minister for Finance in determining the future direction of the scheme. The group's report, published on my Department's website in July 2004, sets out in detail the genesis and development of the scheme. It examines the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The report also makes a number of recommendations, both immediate and long-term, encompassing the operation of the appeals process and options for the future development of the scheme.

Following on from the report's immediate recommendations concerning the appeals process, amendments to the regulations governing the scheme were made by my predecessor in July 2004, and by me in April 2005, to improve the operation of the appeals process. Those amendments included providing for an expansion of the panel of medical practitioners serving on the Medical Board of Appeal from three to ten. Last month, I once again made regulations in this area, removing entirely the limit on the number of doctors on the appeal board and I hope to make further appointments to the board on the nomination of the Minister for Health and Children in the near future, on foot of this development.

In respect of the long-term recommendations, I should say that given the scale and scope of the scheme, further changes can only be made after careful consideration. For this reason, the Government decided in June 2004 that the Minister for Finance would consider the recommendations contained in the report of the interdepartmental review group in the context of the annual budgetary process having regard to the existing and prospective cost of the scheme.

This Government is committed to supporting and reinforcing equal participation in society by people with disabilities. I would remind the Deputy that disability was one of the priority areas where I substantially increased investment in budget 2005. Any changes to this scheme will be considered in the context of the overall development of policy in this area.

Architectural Heritage.

Dinny McGinley

Question:

223 Mr. McGinley asked the Minister for Finance the restoration works that have been carried out on Doe Castle, Donegal; if he will sanction the extra funding to re-roof the great hall of the castle to bring the restoration programme to satisfactory completion. [27145/05]

The most recent programme of conservation work at Doe Castle involved the conservation of the tower. This work was carried out in the period 1996 to 2001 and was undertaken to provide a suitable indoor location on the site for the important McSweeney grave slab. All works undertaken in the intervening period have been of a routine maintenance nature. There are no plans at present to re-roof the great hall.

Unemployment Levels.

Dinny McGinley

Question:

224 Mr. McGinley asked the Minister for Finance if, in view of the serious unemployment problem in County Donegal at present which is in excess of four times the national average, he will consider giving County Donegal a special tax incentive status, similar to what is already enjoyed by the upper Shannon basin, in an endeavour to attract investment and employment to the county. [27146/05]

The rural renewal scheme, under which tax incentives have been in operation in certain areas of the upper Shannon basin since June 1998, is currently being reviewed in the context of the overall process of reviews of tax reliefs that has been underway over the past year. I have no plans to introduce any further tax incentive schemes of this nature in advance of the completion of this review. Any future schemes of this nature would also have to take account of the EU's regional aid guidelines for the period 2007 to 2013, which are not yet finalised.

Alternative Energy Projects.

Eamon Ryan

Question:

225 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the terms and conditions which apply with the proposed new fixed price renewable energy support mechanisms and his reason for only providing a partial index of the fixed prices that have been set. [26953/05]

The detailed terms and conditions of the proposed feed-in support programme for new renewable energy powered electricity generating plants were posted on my Department's website, in draft form, on 29 September last. The partial indexation of the proposed feed-in prices allows a higher price to be guaranteed in the early years of projects when debt and debt repayments are highest. Interested parties have until 12 October 2005 to raise any questions or to furnish any observations on the proposals, as published.

Telecommunications Services.

Joe Walsh

Question:

226 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources the steps he intends to take to roll-out the metropolitan area network to additional towns throughout the country; and if he will make a statement on the matter. [26978/05]

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

The Government is addressing the infrastructure deficit by building high-speed open access metropolitan area networks, MANs, in 120 towns and cities nationwide, on a phased basis in association with the local and regional authorities. Phase one of this programme has delivered fibre optic networks to 27 towns and cities throughout the country which were built on time and under budget. This programme has been extended to a further 90 towns in various locations nationwide. Design and procurement has already commenced in several regions and construction is due to start early in 2006. It is expected that these MANs will be completed during 2006 and 2007.

My Department also offers funding assistance for smaller towns and rural communities to become self-sufficient in broadband through the county and group broadband scheme. To date, over 150 projects have been approved for funding under this programme. Full details of the regional broadband programme can be found on my Department's website www.dcmnr.gov.ie.

Marina Development.

Eamon Ryan

Question:

227 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the details of the proposed development of leisure marinas in County Donegal; the amount of state or local authority funding that is available any such marinas; the procedures followed in the analysis of such support mechanisms, in particularly with regards to the existence of other private developments in the same county. [27025/05]

I understand that Donegal County Council has adopted a marine and water-based leisure and tourism initiative and that a strategic review was undertaken for the council to advise on development opportunities in relation to the number and scale of marinas required to support this initiative. The availability of any local authority funding for marina opportunities would be a matter for Donegal County Council.

While I am advised that applications have been made for funding for marina projects in County Donegal under the port infrastructure and marine safety measure of the INTERREG IIIA Ireland-Northern Ireland programme, the Department acts only as implementing agent in conjunction with the Department of Agriculture and Rural Development, Northern Ireland. Evaluation procedures advised by the special EU programmes body are in accordance with the INTERREG IIIA operational programme whereby projects applying for funding under the port infrastructure and marine safety measure of the INTERREG programme under which marina developments may apply are subject to scrutiny in relation to displacement in terms of the extent to which the project would affect similar activities-projects either positively or negatively. The amount of funds available under the INTERREG IIIA measures is a matter of public record.

Northern Ireland Issues.

Aengus Ó Snodaigh

Question:

228 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he intends to meet with a delegation of north Antrim residents who have been subjected to an ongoing campaign of sectarian violence conducted by loyalists and who are visiting Leinster House on 5 October 2005 for the purpose of meeting elected representatives. [27068/05]

A meeting with this delegation was arranged in order to enable me to discuss the sectarian violence which has occurred in north Antrim in recent weeks and to hear its views on how to prevent a recurrence of these attacks.

Human Rights Issues.

Cecilia Keaveney

Question:

229 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the subject matter of Parliamentary Question No. 206 of 5 May 2005; and if he will make a statement on the matter. [27069/05]

The subject matter of the parliamentary question to which the Deputy refers is the continuing house arrest in Burma of Daw Aung San Suu Kyi. The Government has consistently highlighted the abuse of human rights and fundamental freedoms in Burma and condemned the lack of progress towards democracy. The continuing house arrest of Daw Aung San Suu Kyi, other opposition activists and a number of MPs elected in 1990 remains of grave concern to Ireland and our EU partners.

The Minister for the Environment, Heritage and Local Government, Deputy Roche, representing Ireland at the opening session of the Asia-Europe meeting, ASEM, of Foreign Ministers meeting on 6 May 2005 in Kyoto, Japan, expressed Ireland's grave disappointment and concern that the Burmese authorities had failed to create the conditions for political parties to participate in the national convention now in recess. He also urged the Burmese authorities to release Daw Aung San Suu Kyi and all political prisoners. European and Asian Foreign Ministers participating in the meeting collectively expressed to the Burmese Foreign Minister their concern at the situation in Burma and expressed the hope that all restrictions on the democratisation process would be lifted at the earliest possible opportunity.

On 7 May 2005, the EU Troika of Foreign Ministers met the Burmese Minister for Foreign Affairs, Mr. U Nyan Win, in the margins of the ASEM meeting and expressed similar concerns about the situation in Burma. The EU Troika called on the Burmese authorities to enter into a constructive dialogue with the opposition National League for Democracy, NLD, other legitimate representative bodies and ethnic groups. The EU Troika also called for the release of Daw Aung San Suu Kyi and all political prisoners. The Troika further appealed to the Burmese authorities to establish permanent and sincere co-operation with the UN Secretary-General's Special envoy on Burma, Mr. Razali Ismail, the special rapporteur on the situation of human rights in Burma, Mr. Sergio Pinheiro, and all relevant UN agencies. The Burmese Foreign Minister undertook to consider the demands expressed by the EU but I regret that in the period since then there has been no progress.

In my statement on behalf of Ireland at the 60th session of the UN General Assembly on 19 September, I referred to the continuing denial of human rights and democracy in Burma. I stated that this was most acutely symbolised by the continued detention of Daw Aung San Suu Kyi and that her ordeal was not forgotten by the people of Ireland. I pointed out that the cumulative length of her detention is now very close to ten years.

The Government's continuing goal, and that of the EU, remains the release and restoration of liberty to Daw Aung San Suu Kyi and others under house arrest, return of democracy to Burma, an end to human rights violations there and the realisation of peace and prosperity for the long suffering people of Burma.

John Gormley

Question:

230 Mr. Gormley asked the Minister for Foreign Affairs if the Government has raised the issues of human rights abuses and the continued occupation of Tibet with the Chinese authorities; and if he will make a statement on the matter. [27078/05]

The Government takes concerns about the human rights situation in Tibet, and elsewhere in China, very seriously. Human rights issues are a constant point of discussion in our bilateral, and European Union level, dialogue with the Chinese authorities. Ireland established diplomatic relations with the People's Republic of China in 1979 and has from that time recognised Tibet as an integral part of China.

Tibet regularly features in our discussions within the EU, at EU-China meetings and in our bilateral meetings. The EU-China human rights dialogue, established in 1996, is the agreed formal framework through which the EU raises its concerns about individual human rights cases and more general issues, such as the protection of freedom of religion, which is particularly important for the people of Tibet. These issues were raised by the EU side at the EU-China summit held in Beijing on 5 September 2005 and the EU's wish to highlight freedom of religion issues during the upcoming EU-China human rights dialogue was expressed. The cases of a number of Tibetan individuals have been included in the list of human rights cases to be discussed with the Chinese authorities during the dialogue, which will be held in Beijing from 24 October 2005.

During his visit to China in January 2005, the Taoiseach discussed a wide range of issues, including human rights, with Chinese leaders. On 16 November 2004, I raised the issue of Tibet, and recent developments there, during official talks with Vice Premier Huang Ju in Dublin.

Ireland, together with our EU partners, encourages the continuation of the dialogue between the Chinese authorities and representatives of the Dalai Lama. I am pleased that representatives of the Dalai Lama met the Chinese authorities in Beijing from 12-29 September 2004. Previous meetings between China and Tibetan envoys took place in September 2002 and May-June 2003. This third meeting in September 2004 was generally characterised as positive by Mr. Lodi Gyari, the special envoy of the Dalai Lama. For the first time, there was a substantive discussion between Chinese and Tibetan representatives on major, sometimes fundamental differences, including the issue of the delimitation of Tibet and the scope of autonomy.

The statement by the Dalai Lama on 10 March 2005, in which he reiterated his commitment to the "Middle Way" approach which addresses the issue of Tibet within the framework of the People's Republic of China, was welcome.

Together with our EU partners, the Government will continue to encourage the Chinese authorities to respect fully the human rights of all citizens, including those of the people of Tibet. For my part, I will continue to avail of my discussions with Chinese representatives to express our position in regard to these matters.

Foreign Conflicts.

Michael D. Higgins

Question:

231 Mr. M. Higgins asked the Minister for Foreign Affairs his views on the present unstable situation in Haiti; the proposals which have been made to enable the country to make a full return to democracy; and in particular, the role which the United Nations forces might have in this regard. [27125/05]

In the 18 months since former President Bertrand Aristide resigned and left Haiti in February 2004, the political situation in the country has remained volatile and insecure. The transitional government led by Prime Minister Gerard Latortue has had very limited success in stabilising the security situation in the country and the Haitian National Police continues to struggle to maintain law and order.

With the help of the international community, the transitional government has been working towards holding free and fair elections. The transitional government intends to conduct the elections in two phases, first holding local elections in November 2005 and subsequently holding parliamentary and presidential elections in December 2005, with a view to having a democratically elected Haitian government in place by February 2006.

United Nations forces are playing a key role in facilitating the elections in Haiti. The United Nations mission in Haiti, MINUSTAH, led by Brazil, has been present since July 2004 when it replaced the multi-national interim force led by the United States which had been in the country since the interim government was formed in February 2004. MINUSTAH is working with local authorities to launch civic education programmes to prepare for the elections, and is cooperating in demobilisation, disarmament and reintegration efforts. It is also playing an important role in combating urban armed gangs, which continue to pose a major barrier to security in the slums of Haiti's cities. Disarming urban gangs is of particular importance for the election process, since one of the main obstacles to voter registration has been urban violence, which has deterred potential voters from registering.

Together with other international agencies such as the Organisation of American States, MINUSTAH is now actively combating armed gangs with the aim of establishing a satisfactory security situation by the time elections take place. In June 2005, the Security Council extended the mission in Haiti until February 2006 and approved a temporary increase in the strength of the mission in order to provide increased security in advance of the elections. The Security Council also urged the Haitian authorities to increase and accelerate efforts to prepare for and ensure the smooth conduct of the elections, and called on international donors to provide the necessary resources to support the election process.

The EU is also actively involved in efforts to restore democracy to Haiti. At an EU-Latin American ministerial meeting which I attended in Luxembourg on 27 May 2005, the importance of comprehensive, long-term aid to enable the Haitian people to work towards the establishment of a violence free, inclusive democratic system was acknowledged. The EU pledged €294 million for comprehensive development projects in the country at the Washington donor conference for Haiti which took place in July 2004. Furthermore, the European Commission recently undertook an exploratory mission to Haiti to examine whether an EU election observation mission would be possible. The Europe Aid Co-operation Office is currently seeking nominations for long-term and short-term observers.

Northern Ireland Issues.

Charlie O'Connor

Question:

232 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his continued efforts in the Northern Ireland peace process; and if he will make a statement on the matter. [27126/05]

On 27 June last, I attended a summit level meeting of the British-Irish Intergovernmental Conference co-chaired by the Taoiseach and the British Prime Minister, Mr. Blair, at 10 Downing Street. The meeting was also attended by the Minister for Justice, Equality, and Law Reform, Deputy McDowell, the Secretary of State for Northern Ireland, Mr. Peter Hain, the Minister of State at the Northern Ireland Office, Mr. David Hanson, and by the Parliamentary Under-Secretary of State at the Northern Ireland Office, Mr. Shaun Woodward.

The conference reviewed recent political developments, including the results of the Westminster and local government elections in early May and contacts since then with the Northern Ireland parties. The meeting affirmed the intention of the two Governments to work with all parties to achieve political progress. The conference agreed that the restoration of devolved government in Northern Ireland could only be achieved in the context of a complete cessation of paramilitary and criminal activity by the IRA and a full and irreversible decommissioning of its weapons.

Following on from that meeting, I met with the Secretary of State for Northern Ireland, Mr. Peter Hain, on 7 July at Hillsborough to discuss the prospects for political progress and to engage with him on current political and security issues of concern, including the summer marching season and parades. In addition, I have maintained close contact with representatives of the political parties both formally and informally. In July I met informally with representatives of Sinn Féin. On 8 September last I met representatives of the SDLP and Sinn Féin in Belfast to discuss the increased tensions and the upsurge in loyalist violence which was all too evident in parts of Northern Ireland this summer.

During my visit I also met with community representatives from the Springfield Road area which suffered subsequent loyalist protest and rioting in response to the Parades Commission determination on the Whiterock Orange march on 10 September. I paid a further visit to Belfast and north Antrim on 22 September to meet with people recently affected by sectarian attacks and street violence, including residents from the Springfield Road and Parkside in Belfast and some of the families affected by sectarian attacks in north Antrim. I assured all those I met of the Government's determination to be proactive in challenging sectarianism at every opportunity.

I had a further meeting with the Secretary of State, Mr. Peter Hain, in Belfast on 21 September 2005 to review political developments since our meeting in July and to prepare for the next meeting of the British-Irish Intergovernmental Conference. We also discussed relevant political and security issues, including the regrettable recent upsurge in loyalist violence.

On 23 September, together with the Taoiseach, I met with representatives of Sinn Féin. The meeting, which was Sinn Féin's first formal meeting with the Government since January, was held in a constructive atmosphere. We impressed upon Sinn Féin that the bedrock of further progress would be delivery by the IRA on decommissioning and a definitive and demonstrable end to its links with all forms of criminal activity.

Subsequent to the meeting with Sinn Féin, the confirmation on 26 September by the Independent International Monitoring Commission on Decommissioning that the IRA had put all its weapons beyond use was a further significant step in restoring trust and confidence in the peace process. Both Governments will now work with the parties to rebuild political momentum so that we are in a position to move ahead should the reports of the International Monitoring Commission in October and January be favourable. The next meeting of the British-Irish Intergovernmental Conference, which the Secretary of State and I will co-chair in the coming weeks, will be a further opportunity for the Governments to progress our work to implement the Good Friday Agreement and to bring to fruition the stable, democratic and prosperous future the people of Northern Ireland deserve.

Foreign Conflicts.

Charlie O'Connor

Question:

233 Mr. O’Connor asked the Minister for Foreign Affairs if he will detail his continued efforts in respect of the Cyprus reunification issue; and if he will make a statement on the matter. [27127/05]

The United Nations has the lead role in the search for a comprehensive settlement of the Cyprus problem. 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 term of the 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 at the time 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.

In May of this year, following discussions with the UN Secretary General, Mr. Kofi Annan, the President of Cyprus, Mr. Tassos Papadopoulos, sent an envoy to New York for preliminary, informal talks with senior officials in the UN Secretariat. As a result of these discussions, the Secretary General asked Mr. Kieran Prendergast, the Under Secretary-General for Political Affairs, to travel to Cyprus, Athens and Ankara to listen to the views of all parties on the future of the mission of good offices on Cyprus.

On 22 June 2005, the Under Secretary-General, Mr. Prendergast, reported to the Security Council on his consultations. Despite certain positive elements, he reported that the gap between the stated positions of the parties on substance appeared to be wide. The Secretary General and United Nations officials continue to monitor the situation closely.

The Government has strongly supported the UN Secretary General, Mr. 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 have consistently availed of all opportunities, including my visits to Cyprus and Turkey in July of this year, to encourage commitment to the UN process and to the achievement of an agreed outcome.

Diplomatic Representation.

Charlie O'Connor

Question:

234 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his efforts to establish an Irish Embassy in Lesotho, following the establishment of the Lesotho Embassy in Dublin; and if he will make a statement on the matter. [27128/05]

There are no plans, at this time, to change the status of our representation in Lesotho. Ireland has maintained a resident mission in Lesotho since an aid office was opened there in 1974 and is represented by a consul general based in the capital, Maseru. The consulate general oversees and manages the implementation of our aid programme in Lesotho, and does so in a satisfactory and effective manner.

Foreign Conflicts.

Charlie O'Connor

Question:

235 Mr. O’Connor asked the Minister for Foreign Affairs the details of his efforts, towards seeking peace in Palestine; and if he will make a statement on the matter. [27129/05]

The Government continues to work with its partners in the European Union to advance efforts for a peaceful and lasting resolution of the Israel-Palestine conflict. Consideration of the Middle East peace process has been a central element in my contacts in recent months with political leaders from the region, and in my discussions in the UN context and at meetings of EU Foreign Ministers.

In July, I visited the region in my capacity as envoy of the UN Secretary General. On 12 July, I met with the Israeli Foreign Minister, Mr. Silvan Shalom, and the Israeli Vice Premier, Mr. Shimon Peres. I also met in Ramallah with the Palestinian Authority's President, Mr. Mahmoud Abbas, Prime Minister, Mr. Ahmed Qurei, Foreign Minister, Mr. Nasser Al-Kidwa and Planning Minister, Mr. Nabil Kassis. In addition to discussing issues relating to UN reform, we had wide-ranging talks on our bilateral relations and on the course of the peace process.

I had further discussions with the Egyptian Minister, Mr. Al-Kidwa and Foreign Minister, Mr. Ahmed Aboul Gheit on 15 September, while I was in New York for the UN summit. In my address to the UN General Assembly on 19 September, I highlighted the importance which Ireland, and the international community, attaches to the achievement of a lasting peace in the Middle East.

I welcomed the courage and commitment shown by the Israeli Government in ensuring that the initial phase of disengagement from Gaza proceeded peacefully. I welcomed the determination of the Palestinian Authority to take full advantage of the opportunity presented by the withdrawal. Disengagement has been an important advance. The challenge facing the parties now is to build on this progress and to renew efforts towards full implementation of the international quartet roadmap. The Government will ensure Ireland plays a constructive role, in co-operation with the parties and with the international community, in the continuing efforts to achieve a lasting peace in the region.

Overseas Development Aid.

Charlie O'Connor

Question:

236 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his Department’s aid programme in Ethiopia. [27130/05]

Ethiopia is one of Ireland's programme countries for overseas development assistance and is one of the poorest countries in the world. Ethiopia is ranked 177 on the UN human development index out of a total of 177 countries ranked. It is estimated that expenditures on the programme of development assistance will amount to approximately €30 million this year. Additional funding will be channelled through NGOs, UN agencies and missionaries.

Ireland's aid programme in Ethiopia aims to support a process of poverty-reducing, self-reliant, sustainable and equitable growth. The programme is closely aligned with the national poverty reduction programmes of the Ethiopian Government. There is a clear focus on health, education and HIV-AIDS. For example, in Ethiopia there is only one doctor for every 36,000 people. Ireland is therefore supporting ambitious plans to place qualified health workers in every locality. Ireland is supporting interventions at the national and local levels with the aims of increasing awareness and facilitating voluntary testing and counselling in HIV-AIDS.

Ethiopia is subject to frequent drought and food insecurity. Ireland, through its emergency and humanitarian programmes, has sought to address the immediate needs of millions of those most affected. Ireland is now incorporating within its overall programme of assistance longer term initiatives to address the fundamental causes of food insecurity. Additionally, we are helping to build the capacity of the Ethiopian Government to design social safety nets, which will prevent millions from falling into destitution and starvation in difficult times. Under the safety nets programme, up to 5 million people will receive cash for labour.

I have arranged for a copy of the 2004 annual report of Development Co-operation Ireland which highlights Ireland's work in Ethiopia and a copy of the country strategy 2005 to 2007 to be forwarded to the Deputy.

Charlie O'Connor

Question:

237 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his Department’s aid programme in Zambia. [27131/05]

Zambia is one of Ireland's priority countries for overseas development assistance. It is one of the poorest countries in the world, placed 166 on the UN human development index out of a total of 177 countries ranked. It is estimated expenditure on the development programme will amount to €18 million in 2005. Additional funding is also being channelled through NGOs and missionaries.

The overall objective of Ireland's development programme in Zambia is to work with the Zambian Government, donor partners, civil society and local communities to reduce poverty and build sustainable livelihoods. To this end Ireland promotes social sector development, particularly health and education, works with local government in Zambia's northern province and supports democratic processes. Obstacles that create or reinforce poverty such as HIV-AIDS and poor governance receive special attention. Our development strategy has a focus on service delivery as well as policy development and institutional capacity building of our Zambian partners.

The programme supports the goal of the Zambian Government's poverty reduction strategy to reverse Zambia's deteriorating socio-economic conditions and to contribute to the millennium development goals. The Zambian Government is preparing a new national development plan for 2006 to 2011. We will continue to align our programme with the national plan to maximise our effectiveness and to bring about real and positive change in the lives of the Zambian people.

I have arranged to forward a copy of the Development Co-operation Ireland 2004 report which details the work of Development Co-operation Ireland in Zambia and a copy of the country strategy paper for Zambia for 2003-05 to the Deputy.

Charlie O'Connor

Question:

238 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his Department’s aid programme in Sudan. [27132/05]

Ireland is deeply engaged in the humanitarian and recovery needs of Sudan, both in the emergency needs in the Darfur region and also the longer term needs of other parts of Sudan which are now emerging from conflict. The ongoing humanitarian crisis in Darfur involves considerable emergency needs for the displaced population of over 2 million people. Ireland has been extremely active in addressing these humanitarian needs including through our NGOs and UN agencies.

I visited Darfur in April 2005 and witnessed at first hand the effects of the conflict on the displaced population. I also met with NGOs and UN agencies working on the ground in Darfur which are making a huge contribution to the humanitarian response across the region. The terrible plight of the displaced, which I witnessed, reinforced the importance of providing a secure environment, so that those affected will be able to return safely to their homes.

The Minister for Foreign Affairs, Deputy Dermot Ahern, met with the Sudanese acting Foreign Minister, Dr. Mustafa Osman Ismail, in New York on 19 September 2005. The Minister stressed the importance which Ireland attaches to resolving the humanitarian crisis in Darfur, the need for improvement of the security situation there and speedy conclusion of the political negotiations underway in Abuja between the Sudanese Government and the rebels.

Since 2004, Ireland has provided over €8.8 million in emergency support to Darfur. In addition, Ireland has committed €1.5 million since 2004 in support to the human rights, humanitarian and peace-building components of the African Union Mission in Sudan.

With regard to Ireland's assistance elsewhere in Sudan, over 20 years of civil conflict has decimated the infrastructure and services of this vast country. The comprehensive peace agreement signed in Nairobi on 9 January 2005 provides new hope for the future of Sudan. At the international donor conference on Sudan, held in Oslo on 11 and 12 April 2005, I made a pledge of €15 million in support from Ireland to Sudan over 2005 to 2007.

Already in 2005, Ireland has committed some €8 million of its pledge in support to Sudan. Programming of the remainder of Ireland's support will be consistent with the UN's recovery and reconstruction plans for Sudan. Emergency and recovery funding support of €1.7 million for the south of Sudan has been provided already in 2005, inter alia, to Concern, Trócaire, Médecins Sans Frontières and the UN World Food Programme and UNICEF. Ireland continues to attach considerable importance to responding to the needs of vulnerable populations across Sudan.

Charlie O'Connor

Question:

239 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his Department’s efforts to assist the fight against famine in Niger. [27133/05]

Since 2004, an early end to the rains and desert locust damage to crops and pasture lands have adversely affected pasture availability and cereal production in the Sahel region of west Africa. These events exacerbated existing poverty and vulnerability, resulting in severe food shortages across a wide region, including in Niger, Mali, Burkina Faso, and Mauritania.

In response, Ireland provided prompt funding support of €3 million in August 2005. This was allocated and disbursed to Ireland's NGO and UN partners. The NGOs which received support from Ireland, including Concern, Goal and Trócaire, are delivering feeding programmes which range from supplementary food distributions directed at the most vulnerable women and children to targeted community therapeutic feeding of moderately and severely malnourished children.

In addition to this funding, I asked Mr. David Andrews, chairman of the Irish Red Cross, to report on the findings of his visit to the region. He travelled there in August 2005 accompanied by an official of the Department of Foreign Affairs. Having assessed the situation, Mr. Andrews reported the country suffers persistent food insecurity but that extreme food shortages this year were caused by several converging factors, particularly the early end to the rains in 2004 which depressed agricultural yields, escalating food prices and invasion of locusts in some areas. Mr. Andrews estimated that 3.5 million people were in need of emergency food assistance and figures between 1 and 2 million people were classed as extremely vulnerable and needed food assistance urgently.

According to the latest information from the region, there are 5.1 million people affected by the food crisis across the Sahel region, including Niger. Harvest prospects are now being described as favourable. However, Niger remains vulnerable to repeated crises of food insecurity and malnutrition due to high household indebtedness and structural poverty. With regard to the particular circumstances prevailing in the region, humanitarian situation will continue to be kept under close and ongoing review over the coming period.

Charlie O'Connor

Question:

240 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his Department’s aid programme in Uganda. [27134/05]

Uganda is one of Ireland's programme countries for overseas development assistance. Uganda is placed 144 on the human development index out of a total of 177 countries ranked. It is estimated that expenditure on the development programme in Uganda will amount to approximately €29 million in 2005. Additional funding will be delivered via NGOs, missionaries and UN agencies.

Ireland's development programme in Uganda is focused on poverty reduction and on assisting the most vulnerable sections of the population. The overall goal of Ireland's strategy is to support Uganda's efforts to achieve a pro-poor and sustainable economic growth, equitable social development and democratic governance. Support is provided in the key sectors of education, health and HIV-AIDS, justice, law and order/governance and agriculture.

Uganda is one of the poorest countries in the world. There are, however, some encouraging signs. Arising from a committed partnership between the Ugandan Government and donor countries, literacy rates have risen to 69% of the population. School enrolment is at 86% of children. Uganda is one of the few countries in sub-Saharan Africa that will meet the millennium development goal of having achieved universal primary education by 2015. Progress has been made in the provision of improved health, water and other services to the poor of the country.

Support for good governance has been a key component of Ireland's development programme in Uganda. Assistance has been provided for the justice, law and order sector and for activities promoting protection of human rights and democratisation and combating corruption. Several donor countries, including Ireland, have made known their concerns about the pace of democratic reform and the transition to a multi-party system in Uganda. To signal this concern, and in line with the actions of donor partners, the Government decided to reduce its budget support for the 2005-6 fiscal year by €3 million. In close co-operation with other donors, this situation is kept under constant review.

I have arranged to forward a copy of the Development Co-operation Ireland 2004 report which details the work of Development Co-operation Ireland in Uganda and a copy of the country strategy paper for Uganda for 2003-2005 to the Deputy.

Charlie O'Connor

Question:

241 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his Department’s aid programme in South Africa. [27135/05]

South Africa is an important recipient of Ireland's overseas development assistance, ODA. South Africa is placed 120th on the UN human development index, HDI, out of a total of 177 countries ranked. Ireland's programme is aimed at assisting the Government and people of South Africa to reduce poverty and exclusion and build the nation in the aftermath of the legacy of apartheid. Our development assistance is increasingly delivered at provincial, district and local municipal level. It is estimated that Ireland will provide over €10 million in assistance to South Africa in 2005. Additional funding is also delivered through non-governmental organisations, NGOs, and missionaries.

A feature of the South Africa country programme is that almost half of the assistance is expended supporting the work of civil society across a number of sectors. These include HIV-AIDS and governance. In addition, we are increasing our support to Limpopo province, one of the poorest in South Africa. Ireland is helping in meeting the water, sanitation and education needs in that province.

I have arranged to send the Deputy a copy of the annual report for 2004, which details the work of Development Co-operation Ireland in South Africa that year and a copy of the South Africa country strategy.

Diplomatic Representation.

Finian McGrath

Question:

242 Mr. F. McGrath asked the Minister for Foreign Affairs the reason no assistance is being given to an Irish citizen (details supplied) in Dublin 9 ; and to give her the maximum support, advice and assistance. [27159/05]

Judicial proceedings in this matter, which have been brought under the Hague Convention on the Civil Aspects of International Child Abduction, are ongoing. I understand the person referred to by the Deputy has obtained an initial ruling in her favour. However, that decision is now under appeal. Accordingly the matter remains sub judice and a final resolution of the case has not yet been reached.

As the Deputy will be aware, questions of child guardianship, custody and access are always difficult, particularly when more than one State is involved. This is a complicated case in which legal proceedings have, to my knowledge, been instituted in three different jurisdictions.

I can confirm that our embassy in Denmark has been in contact on several occasions with the person in question and will continue to provide all possible consular assistance to her and to her daughter pending the resolution of the matter.

Overseas Development Aid.

Trevor Sargent

Question:

243 Mr. Sargent asked the Minister for Foreign Affairs if he will report on his pledge to the UN Summit that Ireland will contribute 0.7% of GNP to development aid by 2012; and if he will make a statement on the matter. [27161/05]

The Taoiseach announced at the UN Millennium Summit review in New York on 14 September that the Government will reach the target of spending 0.7% of GNP on official development assistance, ODA, by 2012.

This is three years earlier than the agreed EU target date of 2015. It places Ireland in the front rank of donors worldwide, in terms of both the quality and the volume of assistance we provide to the world's poorest countries. I am pleased that this decision has received a broad welcome from the development community. It is worth noting that the 2012 timeframe was my stated and public preference some months ago, when I initiated the public consultations on the White Paper on development.

The increases involved are very significant. On the basis of current anticipated growth rates, spending on ODA would be of the order of €1.5 billion in 2012. From 2005 to 2012, we will spend as much as €8 billion on overseas aid.

We have agreed a number of steps along the way to reaching the target. First, we have an interim target of 0.5% of GNP in 2007. The aid budget will reach €773 million in that year. Second, aid spending is expected to reach 0.6% of GNP in 2010. We have a clear pathway to achieving the UN target in 2012. The commitment of this Government to overseas development cannot be doubted.

Spending on overseas aid this year, at €545 million, is the highest level in the history of the programme. Ireland's aid budget has tripled since this Government came into office. With this announcement, it will triple again by 2012. In addition to the increased resources, we have ensured that the programme is of the highest quality. The high quality of Ireland's aid programme is recognised by both NGOs and donors. The most recent peer review of the programme by the OECD said that Ireland is "at the cutting edge of international development policy". I am determined that these high standards will be maintained as the programme continues to expand.

EU Constitution.

Trevor Sargent

Question:

244 Mr. Sargent asked the Minister for Foreign Affairs the implications of the French and Dutch referendum results for the EU constitution; the impact on Ireland’s planned referendum; and if he will make a statement on the matter. [27162/05]

Following the referendum results in France and the Netherlands, the June European Council meeting decided to initiate a period of reflection with regard to the European constitution. The intention is that member states should avail of this opportunity to hold national debates on European issues, including the European constitution. Next week, as part of this process, the Government will publish the White Paper on the European constitution which gives a factual description of the constitution and Ireland's approach to its negotiation. The White Paper should contribute to raising awareness of the constitution and the issues it addresses.

The Heads of State and Government will review the position regarding the constitution during the Austrian Presidency in 2006. This means the constitution cannot now enter into force as originally intended on 1 November 2006.

While the Government regrets the delay in bringing the constitution into effect, it is clear that the decision to engage in a period of reflection was the best option available to the European Council in the light of the uncertainties created by the French and Dutch votes. We remain committed to the constitution and hope to see it ratified as soon as possible. Until the position is clarified at the European level, it is not intended to set a date for a referendum in Ireland. A similar approach has been adopted in those other member states which intend to ratify the constitution by referendum.

Abbey Theatre.

Jack Wall

Question:

245 Mr. Wall asked the Minister for Arts, Sport and Tourism the position of the Abbey Theatre; his views on whether the financial difficulties have been addressed; the location of a new site for the Abbey Theatre; and if he will make a statement on the matter. [27015/05]

The Abbey has engaged and remains engaged in a far-reaching and comprehensive process of change which will transform many aspects of the theatre's operations and management. A fundamental part of this transformation is a complete overhaul of the way the theatre manages its finances.

As of now, it appears that a location has been identified at George's Dock, in the Dublin docklands area, which can meet the Abbey's requirements. At my request, the Office of Public Works is undertaking the necessary investigative work at the proposed site and I expect the results will be available shortly.

Sport and Recreational Development.

Jack Wall

Question:

246 Mr. Wall asked the Minister for Arts, Sport and Tourism the meetings he or his officials have had with the FAI and the IRFU with regard to the development of the Landsdowne Road grounds; the status of the proposal; and if he will make a statement on the matter. [27031/05]

As the Deputy will be aware, the Government decided in January 2004 to provide an amount of €191 million towards the proposed redevelopment of Lansdowne Road by the Irish Rugby Football Union, IRFU, and the Football Association of Ireland, FAI. The IRFU and the FAI set up a special purpose company, Lansdowne Road Stadium Redevelopment Company, LRSRC, to undertake the project and project management and design teams have been appointed by the company following a public tendering procedure.

A steering group was established to oversee the development of the project chaired by the Secretary General of my Department, which involves the IRFU, the FAI and the Lansdowne Road Stadium Redevelopment Company, as well as officials of my Department, the Department of Finance and the Office of Public Works. This steering group, which meets on a regular basis, had its most recent meeting on 15 September and a full update of developments was provided and the progress of the project was discussed. I am pleased to report that the project is proceeding according to schedule, the work on the development of a conceptual design is nearing completion and I intend to launch this design later this month. It is intended that a planning application will be submitted to the planning authorities by the end of the year.

Jack Wall

Question:

247 Mr. Wall asked the Minister for Arts, Sport and Tourism the meetings he or his officials have had with the GAA in regard to the associations decision to open Croke Park to other sports; the results of these meetings; and if he will make a statement on the matter. [27032/05]

Prior to and following the decision of the Gaelic Athletic Association to amend Rule 42, I and my officials have met with representatives of the GAA at which the implications and opportunities afforded by the GAA decision to open Croke Park as a venue for the other codes of football were considered. I am happy that Croke Park can now be considered as a venue for the hosting of rugby and soccer games during the closure of Lansdowne Road stadium and my acknowledgement of the GAA gesture in this regard is on record. It is now a matter for the three sporting organisations to work out the logistics relating to such usage.

Grocery Industry.

Jack Wall

Question:

248 Mr. Wall asked the Minister for Enterprise, Trade and Employment his views regarding correspondence (details supplied); when a decision will be made regarding the matter; and if he will make a statement on the matter. [26825/05]

Jack Wall

Question:

249 Mr. Wall asked the Minister for Enterprise, Trade and Employment his views regarding correspondence (details supplied); the time scale of the decision in regard to the matter; and if he will make a statement on the matter. [26865/05]

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

I have noted the points made in these correspondences which concern the current review of the groceries order. The public consultation process on the groceries order has generated over 550 submissions which were received from a wide range of parties, including a significant number from the public.

The submissions have all been considered and a comprehensive report on the consultation process is currently being finalised within my Department. I expect the report will include recommendations as to what action is appropriate in relation to the order and I will carefully consider its findings before making recommendations to the Government by the end of October.

Job Creation.

Martin Ferris

Question:

250 Mr. Ferris asked the Minister for Enterprise, Trade and Employment the position regarding unemployment and job creation in north Kerry. [26871/05]

CSO data for August 2005 shows 6,028 people on the live register for County Kerry, but this figure is not broken down for north Kerry. The issue of job creation is a day-to-day operational issue for the industrial development agencies under the remit of my Department and not one for which I, as Minister, have direct involvement.

IDA Ireland has responsibility for the attraction of foreign direct investment to Ireland. The IDA strategy for Kerry has a sectoral focus and is concentrated on achieving developments in the international services, engineering and ICT sectors, focusing particularly on the NSS designated linked hubs of Tralee and Killarney. At the end of 2004, the latest year for which figures are available, there were 2,022 people in permanent employment in 21 IDA supported companies in County Kerry. Shannon Development is responsible for supporting Irish industry and for providing industrial property solutions in north Kerry. At the end of 2004, there were 2,029 employed in Shannon Development assisted companies. New jobs created by Shannon Development companies in 2004 totalled 106 and the main contributing companies to this were Altobridge Ltd., Kerry Group, GCX Ltd., Cameo Products Ltd., and Kerryman Ltd.

Kerry technology park, which is owned and managed by Shannon Development and developed in partnership with the Institute of Technology Tralee, opened for business in July 2001. Kerry technology park is part of the Shannon Development knowledge network, which consists five such parks. Shannon Development's Listowel business centre was officially opened on June 27 2005. The 10,500 square foot building, located on a 2 acre site at Clieveragh, involved an investment of €1.7 million, funded by Shannon Development. The building provides units over two storeys which can accommodate companies ranging in size from start-ups or smaller indigenous companies to a larger mobile indigenous or overseas project. Two indigenous start-ups have located there, Glasnua Ltd. and Payback Software.

For the period 2000 to 2004, the Kerry County Enterprise Board approved €1.25 million in financial assistance to 125 businesses based in north Kerry. This assistance and other financial supports have resulted in the creation and maintenance of 164 jobs in north Kerry over this period. In the first nine months of this year the Kerry County Enterprise Board has approved grant aid in the sum of €385,755 in respect of 47 micro-enterprise projects, over half of this investment is for projects in north Kerry with a potential to create 26 full-time jobs and 26 part-time jobs. My Department, through its agencies, will continue to address the employment needs of north Kerry and in promoting the area for suitable investment projects in the future.

Economic Competitiveness.

Olivia Mitchell

Question:

251 Ms O. Mitchell asked the Minister for Enterprise, Trade and Employment if he has made representations to the Minister for Transport or the Dublin Airport Authority outlining the cargo needs of a competitive economy as outlined in the Asia strategy report to ensure that facilities are safeguarded and expanded in any airport redevelopment. [26873/05]

The Asia strategy report, published by my Department earlier this year, did not identify any specific issues regarding cargo transport as impediments to the growth in trade with Asia. The high level group, which will oversee the implementation of the strategy, will hold its first meeting later this month. If any new relevant issues arise, these can be looked at by this group as part of its ongoing work.

Charlie O'Connor

Question:

252 Mr. O’Connor asked the Minister for Enterprise, Trade and Employment the policies he is pursuing for keeping unemployment low; his views on the main challenges in keeping unemployment low; and if he will make a statement on the matter. [26954/05]

Since 1997, the numbers in employment have grown by 31%, from 1.5 million to a current level of over 1.9 million. Correspondingly, during this period, unemployment levels have dropped by 50%, from 171,200 to 85,600. A number of factors contributed to the dramatic economic growth which has resulted in continuing increases in employment, these include the expansion of the labour force, highly educated workforce, attraction of foreign direct investment and social partnership. All of these elements will continue to make an important contribution to future growth of the economy and employment.

Competitiveness is a key issue for our continued economic growth. Our economy is no longer a low cost one but typified by high output, high value added, high returns to labour and improving living standards. In pursuit of a knowledge-based economy, the continuing structural adjustment of our economy is necessary and will continue as high value added services increasingly become the wealth and employment drivers of the future. To offset any competitive threat from lower wage economies, a number of policies are being implemented to encourage a move to higher productivity and the use of technology to invigorate enterprise.

Future economic success lies in our ability to create sustainable employment by both attracting and growing companies with higher profitability and operating at the more sophisticated end of the value chain. The enterprise development agencies are working to source new investment by a combination of developing existing clients and new investors in existing or new activities or sectors and have been mandated to adjust their support strategies to help businesses to generate high quality employment opportunities. An example of this is a €20 million productivity improvement fund, launched by Enterprise Ireland, to help indigenous firms invest in the very technology, equipment and employee training that will give them the opportunities to win more business and survive against international competition. In addition, many IDA Ireland client companies who operate in less technologically advanced sectors are making significant new investments in high technology projects, including some notable research and development investments, which require high skill levels and, therefore, are a better fit with our competitive attributes. The agency is also continuing its investment promotion activities to generate new flows of foreign direct investment into Ireland and is working to identify and support new investment opportunities out of the existing client base.

There is also the need to encourage greater participation in further education and training in order to equip all individuals with the skills needed in an economy which is increasingly becoming knowledge based and innovation driven. The focus now is to upgrade the competencies and qualifications of the workforce, particularly those with low skill levels and in low level occupations, through providing targeted training programmes by way of in-company training and training for the unemployed. The current policies to encourage enterprise and investment will lead to continued economic and employment growth, thereby keeping unemployment low.

Charlie O'Connor

Question:

253 Mr. O’Connor asked the Minister for Enterprise, Trade and Employment his views on the current position of our competitiveness; the areas of competitive advantage which Ireland currently has; the areas where there is scope for improvement; the actions he will undertake to ensure such improvements; and if he will make a statement on the matter. [26955/05]

According to the World Economic Forum's recently published global competitiveness report for 2005-06 Ireland has moved up four places from 30th to 26th out of 117 countries. This higher ranking is testament to the Government's committed efforts to strengthen our competitiveness. The improvement in Ireland's national competitiveness is further supported by the findings of the National Competitiveness Council's annual competitiveness report for 2005. This report highlights several encouraging statistics, which show that we are broadly implementing the right mix of policies. In 2004, the number of people in employment in Ireland grew strongly with almost 1.9 million in employment by the end of the year. Consumer inflation stabilised and in fact by mid 2005 Ireland's rate of inflation was below the euro-zone average. Government finances remained healthy and our investment in infrastructure as a percentage of GDP is approximately twice the EU average at 5%. Ireland has a very strong competitive advantage based on low direct personal and corporation taxes. In fact, the ACR 2005 finds that Ireland continues to rank 1st out of 16 for both these taxes. In the area of business regulation, Ireland also has a significant competitive advantage. Our social partnership process has and continues to create a benign business environment with both a stable fiscal and wage setting regime. Our demographic profile with our young and well-educated workforce also remains a key competitive advantage.

However, the ACR 2005 also highlights two principal areas where Ireland's performance could be improved. The first is our price and cost competitiveness, which has been eroded in recent years. Combined with a weak dollar exchange rate, this means that Ireland is now an expensive production location relative to several of our trading partners. A key factor in improving cost competitiveness is robust consumer and competition policies. The Government had already put in place the necessary measures to establish a national consumer agency to advocate the consumer's case. The Government has also implemented a successful reform process of the insurance sector and increased the powers and the resources of the Competition Authority, to aid it in tackling any anti-competitive practices in the Irish economy.

The second area of concern arising from the ACR 2005 is the significant discrepancies in the productivity performance of the Irish economy. Ireland's productivity growth has been concentrated in a small number of sectors, such as the chemicals and pharmaceuticals, which are dominated by foreign companies. However, there is evidence of much weaker productivity growth in sectors of the Irish economy less exposed to international competition such as retail, construction, general services and in some sectors of indigenous manufacturing. To address this issue the enterprise agencies of my Department have been mandated to adjust their support strategies to the needs of their clients in the modern global economy. For example, Enterprise Ireland has launched a €20 million productivity improvement fund, which will assist Irish firms in their drive for higher efficiency and international competitiveness.

The Government is determined to ensure that Ireland's competitiveness and the conditions for businesses operating here are as favourable as possible. In this context, the Government looks forward to receiving the NCC's competitiveness challenge report 2005, which is due to be published later this year.

Charlie O'Connor

Question:

254 Mr. O’Connor asked the Minister for Enterprise, Trade and Employment if he has satisfied himself with Ireland’s current exports performance; his plans to improve Ireland’s export performance; and if he will make a statement on the matter. [26956/05]

According to figures published by the Central Statistics Office for 2004, which is the latest year for which full year figures are available, total exports from Ireland amounted to €84.2 billion while total imports amounted to €51 billion. This resulted in an overall trade surplus of €32.8 billion. Ireland has had a significant trade surplus as between exports over imports for a number of years. Figures available for the first half of this year show that overall, exports increased by 1% in the six month period to June 2005 when compared with the same period in 2004. This represents a very creditable performance on the part of Irish exporters in a difficult trading environment against the background of the current global economic slowdown, in particular the slow growth in the major European economies of France, Germany and Italy and the continuing high level of the euro against the dollar and the pound. I am confident that as the worst of the economic slowdown eases, Irish exporters are well placed to take advantage of a European recovery in the second half of the year.

Irish Government policy has been, for a number of years, to exploit fully our membership of the European Union by diversifying into EU export markets, and also to focus on new opportunities in the US and further afield. From a position of 75% of Irish exports going to the UK in 1960, we have now reached a point where the EU now accounts for 62% of our exports with only 18% of exports going to the UK. Since last year, the US has replaced the UK as our leading export market and now accounts for 20% of Irish exports. Of equal importance is the continuous transformation of both indigenous and foreign direct investment enterprises from low end manufacturing to the production of high value added goods and services such as software, telecommunications and pharmaceuticals resulting in new export opportunities to highly developed economies in the EU, the US and Japan. Other export destinations, which offer new opportunities in the future, are the ten newly accessed members of the EU and Asia. Both the Minister for Enterprise, Trade and Employment and I have been active in leading trade missions, in conjunction with Enterprise Ireland, to the new member states with a view to increasing our share of exports by Irish companies to these regions.

Earlier this year, the Taoiseach launched the second phase of the Asia strategy which is designed to increase Irish exports to the main economies of Asia, such as China, Japan and India, over the next five years. Within the context of the Asia strategy, it is envisaged that enterprise development agencies, such as Enterprise Ireland, An Bord Bia, Tourism Ireland and organisations engaged in the education sector, will be combining closely to exploit and increase Irish exporting opportunities in this area over the lifetime of the Asia strategy, which is scheduled to run until 2009.

Pension Provisions.

Jerry Cowley

Question:

255 Dr. Cowley asked the Minister for Social and Family Affairs his plans to increase the threshold on earnings by a dependant in receipt of an old age contributory pension; his views on whether the current threshold is unfair; and if he will make a statement on the matter. [27036/05]

For the purposes of most social welfare payments, entitlement to an increase for a qualified adult is based on the income of the spouse or partner. A qualified adult increase at the maximum rate is payable where the spouse or partner's income is €88.88 per week or less and tapered reduced rates are payable where income is less than €220 per week. The lower threshold was last increased in the budget in 2000 while the upper threshold has been increased in each successive budget since then, from €171.42 in 2000 to €220 in 2005. Any change in the current arrangements relating to entitlement to qualified adult allowances would have to be considered in a budgetary context and in the light of available resources.

Social Welfare Benefits.

Liam Aylward

Question:

256 Mr. Aylward asked the Minister for Social and Family Affairs if he will increase the fuel allowance for old age pensioners in view of the recent increase in fuel prices and electricity; and if he will make a statement on the matter. [27037/05]

The aim of the national fuel scheme is to assist householders who are in receipt of long-term social welfare or Health Service Executive payments towards meeting their additional heating needs during the winter season. Under the scheme a fuel allowance of €9.00 per week is paid to eligible households during a 29 week winter heating period from the end of October to mid-April each year. An additional €3.90 per week is payable in the designated urban smokeless fuel zones. About 274,000 households receive a fuel allowance, at an expected cost of €85.4 million this year. In addition over 300,000 pensioners and other households qualify for electricity or gas allowances through the household benefits package, payable towards their heating, light and cooking costs throughout the year, at an overall cost of €108.8 million in 2005. There is also a facility available through the supplementary welfare allowance scheme to assist people in certain circumstances who have special heating needs.

Pensioners and other social welfare groups have received significant increases in their welfare payment rates this year and in recent years. This has improved their income situation considerably in real terms relative to solid fuel cost increases and to price inflation generally. These higher rates of primary payments are payable for a full 52 weeks of the year. I am currently examining options for additional support to social welfare customers in preparation for the budget in December. An extension of the fuel allowance scheme duration at the end of the season is one such option, though this would have very significant cost implications and would have to be considered along with other social welfare priorities in the context of the budget. In the short term I have requested community welfare officers to deal sympathetically with any hardship cases that come to their attention.

Tony Gregory

Question:

257 Mr. Gregory asked the Minister for Social and Family Affairs the reason the fuel allowance has been withdrawn from a person (details supplied); and if he will make a statement on the matter. [27065/05]

The aim of the national fuel scheme is to assist householders who are in receipt of long-term social welfare or health service executive payments and who are unable to meet the cost of their heating needs during the winter season from October to April. Residents of local authority accommodation where central heating is provided at a subsidised level are not currently eligible for the fuel allowance. In a recent review carried out by my Department, it emerged that the person concerned is residing in accommodation where subsidised heating is provided by Dublin City Council, and is therefore not currently entitled to the allowance.

Regional Airports.

John Deasy

Question:

258 Mr. Deasy asked the Minister for Transport if he will provide funding for an extension of the runway at Waterford Regional Airport in view of the difficulties that arise for industries in the city due to the lack of such a facility; the discussions he has had to assist in progressing this issue; and if he will make a statement on the matter. [26875/05]

The regional airports measure of the national development plan involves the provision of capital funding towards improvements and upgrades in facilities in order to maintain continued safe and viable operations at each of the regional airports. My Department provided €1.64 million in funding towards essential infrastructural improvements at the airport in the period 2001-04. A further €1.98 million has been allocated in support of nine separate projects including runway safety improvements, referred to above. This new round of projects will be undertaken at the airport between now and 2007. A number of safety related projects, including a runway-end safety area have been approved under the regional airports measure of the NDP. In appraising capital investment proposals, the priority is to focus on improvement works and upgrades in facilities that maintain continued safe and viable operations. The airport company has not sought funding under the NDP measure for the extension of the runway.

Road Network.

Charlie O'Connor

Question:

259 Mr. O’Connor asked the Minister for Transport the number of major road building projects with a cost greater than €15 million that are currently under way; the measures that have been taken to ensure that such projects are on time and within budget; the number of such projects that are on time and within budget; and if he will make a statement on the matter. [26962/05]

The information sought is being compiled and will be forwarded to the Deputy as soon as possible.

Public Transport.

Charlie O'Connor

Question:

260 Mr. O’Connor asked the Minister for Transport to intervene with Dublin Bus on behalf of the people of Tallaght, particularly the residents of Kingswood Heights, Fettercairn and the general Springfield estate area, who are concerned and upset at proposals by Dublin Bus to curtail services on the 56A route. [27061/05]

Since 10 January 2001, Dublin Bus and Bus Éireann are required to notify the Department of proposed new services or proposed changes to existing services at least four weeks prior to their introduction.

I can confirm that Dublin Bus submitted proposals last year for the alteration of a number of its services in response to the introduction of the Luas. Changes to the 56A route were included in these proposals. My Department noted the proposed service changes in August 2004. However, to date, the company has not introduced the proposed changes to the 56A. It is my understanding from inquiries made of Dublin Bus that the company intends to revise its original proposal for changes to the service in question. However, my Department has not received any formal notification on the matter to date.

Decentralisation Programme.

Michael D. Higgins

Question:

261 Mr. M. Higgins asked the Minister for Transport if provincial based civil servants who have applied under the decentralisation applications process to transfer to Loughrea will have to travel to the Department of Transport offices in Dublin for training purposes; and if so, the duration of the training and if cost of living expenses will be provided. [27062/05]

The location where training is to take place for provincial based civil servants who have applied to transfer to Loughrea has not yet been finally determined. The issue of training and living expenses is currently being discussed between the Department of Finance and the staff representative bodies. My Department will formalise training proposals for such staff once the training and living expenses agreement has been received from the Department of Finance.

Driving Tests.

Ned O'Keeffe

Question:

262 Mr. N. O’Keeffe asked the Minister for Transport his plans to reduce the length of time driving test applicants have to wait for a driving test appointment; and if his attention has been drawn to the serious problems this delay is imposing on many drivers who are faced with substantial insurance policy costs as the holders of provisional licences. [27097/05]

My Department, in consultation with the Department of Finance, has developed a package of measures to deal with the backlog of driving test applicants. These measure include recruitment of additional driver testers, the introduction of a bonus scheme to increase productivity and the outsourcing of a block of tests.

The Public Appointments Service, on behalf of my Department, is currently conducting a competition to recruit driver testers. In regard to outsourcing, a preferred tenderer has been selected. I met the staff associations earlier today and I expect further developments.

Road Safety.

Michael Ring

Question:

263 Mr. Ring asked the Minister for Transport the plans he has to bring in legislation to make it compulsory for lorries to have mudguards in place, for the benefit of other motorists; and if he will make a statement on the matter. [27147/05]

Legislation already exists in regard to this matter. In accordance with Article 22 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 lorries are required to be equipped with wings or other similar devices to catch mud or water thrown up by the rotation of the wheels unless adequate protection is afforded by the body of the vehicle.

Michael Ring

Question:

264 Mr. Ring asked the Minister for Transport the steps that are being taken in regard to persons who are using spotlights and headlights on their vehicles that are not within regulation size and strength; the contact that has been made with the Commissioner of the Garda Síochána or the Minister for Justice, Equality and Law Reform in this regard; the plans that are in place to control their usage; and if he will make a statement on the matter. [27148/05]

The fitting and use of lights on motor vehicles are governed by the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996, which, inter alia, prohibit the fitting of lamps, including headlamps and spotlamps, to vehicles that are capable of dazzling or misleading other traffic when they are lit.

Specifically, the regulations provide that all lamps showing a light to the front of a vehicle must be fitted with a dipping device so that the beam of light from the lamp, when dipped, is incapable of dazzling a person more than 25 ft. away from the lamp and in a specified position, which approximates to that of the driver of an oncoming vehicle. Dipped headlamps must be used when a vehicle is either passing another vehicle or travelling close behind one. Within this framework, a maximum power rating or size are not specified for vehicle headlamps or spotlamps.

Checks on lamp aim alignment and condition are carried out as part of both the NCT and the commercial vehicle testing scheme. Enforcement of road traffic law, including the provisions relating to lights on vehicles, is the responsibility of the Garda Síochána. I intend to send a copy of this reply to both the Minister for Justice, Equality and Law Reform and the Garda Commissioner for information.

Paul Connaughton

Question:

265 Mr. Connaughton asked the Minister for Transport his Department’s policy and that of the National Roads Authority regarding speed limits outside a school (details supplied) in County Galway; if his attention has been drawn to the fact that a much lower speed limit is necessary to allow the introduction of a junior warden scheme; the measures which will be taken to have the speed limit reduced to 50 km/h; if there are current national guidelines in place; the responsibility and input the local authority have; and if he will make a statement on the matter. [27160/05]

As I indicated in reply to Question No. 219 on 27 April last, since the passage of the Road Traffic Act 1994 the power to apply special speed limits has been vested in the elected members of county councils and city councils through the making of special speed limit by-laws. Section 9 of the Road Traffic Act 2004 sets out a new process for the making of speed limit by-laws by the elected members and expands the range of options available to county and city councils in regard to the deployment of special speed limits.

A legislative provision to provide for the application of a special speed limit to operate during specific periods of the day such as when school children are entering or leaving a school premises became operative on 20 January 2005. I issued guidelines on the application of special speed limits to the county and city managers last April pursuant to the 2004 Act. Copies of the document were placed in the Oireachtas Library at the time and the guidelines are also available on my Department's website, www.transport.ie, under roads/publications.

Local authorities are required to have regard to these guidelines when applying special speed limits and in the case of applying the 30 km/h special speed limit that is provided for in the 2004 Act, it may only be pursued in accordance with provisions in these guidelines.

Decisions as to whether or not to apply a special speed limit at a particular location or to apply a special speed limit that is operative on a periodic basis are matters that fall to be determined by the local authority having complied with consultation and consent processes required under the 2004 Act. The decision as to whether or not to deploy a school warden service at any particular location is also a local matter that falls to be determined by the local authority.

Acht na dTeangacha Oifigiúla 2003.

Tony Gregory

Question:

266 D'fhiafraigh Mr. Gregory den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cathain atá sé i gceist aige rialacháin a dhéanamh faoi Alt 9 d’Acht na dTeangacha Oifigiúla 2003 lena chinntiú go mbeidh foirmeacha dátheangacha ar fáil don phobal ó chomhlachtaí poiblí mar ghnáthnós agus go mbeidh comharthaí a gcaitear airgead poiblí orthu dátheangach mar ghnáthnós faoi mar a tharlaíonn i dtíortha dátheangacha eile; má tá moill ar fhoilsiú na rialachán seo toisc moille in Oifig an Ard-Aighne, cén fáth nach lorgaíonn an tAire comhairle ina dtaobh ó abhcóide sinsir. [26930/05]

Aengus Ó Snodaigh

Question:

267 D'fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cathain atá sé i gceist aige rialacháin a dhéanamh faoi Alt 9 d’Acht na dTeangacha Oifigiúla 2003 lena chinntiú go mbeidh foirmeacha dátheangacha ar fáil don phobal ó chomhlachtaí poiblí mar ghnáthnós agus go mbeidh comharthaí a gcaitear airgead poiblí orthu dátheangach mar ghnáthnós faoi mar a tharlaíonn i dtíortha dátheangacha eile; má tá moill ar fhoilsiú na rialachán seo toisc moille in Oifig an Ard-Aighne, cén fáth nach lorgaíonn an tAire comhairle ina dtaobh ó abhcóide sinsir. [26944/05]

Tógfaidh mé Ceisteanna Uimh. 266 agus 267 le chéile.

Tá mo Roinnse ag obair, i gcomhar le hOifig an Dréachtóro Parlaiminte, ar dhréacht de na rialacháin a dhéanfar faoi alt 9(1) d'Acht na dTeangacha Oigigiúla 2003. Tuigfidh na Teachtaí nach mór do mo Roinnse, mar chuid lárnach den phróiseas, dul i gcomhairle le Ranna eile maidir leis an ábhar seo sula gcuirfidh mé na rialacháin i bhfeidhm. Mar a mhínigh mé roimhe seo, is rialacháin cuimsitheacha a bhaineann le hábhair éagsúla atá i gceist agus, dá réir sin, níor theastaigh uaim teorainn ama shonrach a chur leis an bpróiseas comhchomhairle seo. An méid sin ráite, is féidir liom á chur in iúl do na Teachtaí go bhfuil dul chun cinn suntasach déanta maidir leis na dréacht-rialacháin seo agus go bhfuilim dóchasach go mbeidh siad déanta agam go luath.

Creimeadh Cósta.

Dinny McGinley

Question:

268 D'fhiafraigh Mr. McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil iarratas faighte ina Roinn le haghaidh deontais do bhalla cosanta ag Baile na Trá, Árainn Mhór, Contae Dhún na nGall, a briseadh le linn stoirm an gheimhridh seo caite agus an gceadóidh sé an deontas gan mhoill. [26945/05]

Tuigtear dom gurb é Trá an tSéipéil seachas Baile na Trá is ábhar do cheist an Teachta.

I mí Iúil na bliana seo, cheadaigh mé deontas €3,500, nó 50% den chostas, do Chomhairle Chontae Dhún na nGall faoi Chlár Oibre na nOileán 2005-06 chun an cósta ag Trá an tSéipéil, Oileán Árainn Mhóir, a chosaint.

Community Development.

John Curran

Question:

269 Mr. Curran asked the Minister for Community, Rural and Gaeltacht Affairs the amount of spending investment into the north Clondalkin RAPID area made by his Department for 2004 and 2005. [27020/05]

My Department, supported by Area Development Management, ADM, Limited, co-ordinates the implementation of the RAPID programme. It is a matter for each of the other Departments to report on progress on their implementation of the programme and details of funding for the proposals that fall within their remit. Reports for all Departments can be accessed on ADM's website at www.adm.ie.

My Department has made allocations to the following projects from the Clondalkin area implementation team plan:

Project details

Allocation 2004

Allocation 2005

To employ a manager for Quarryvale Community Centre*

€125,000

€127,500

To support and develop the work of community based youth groups**

€15,000€46,813

€15,000 Project mainstreamed to Dept. of Education and Science

Youth development services programme targeted at disadvantaged youth aged from ten to 21 years

€55,000*

€56,100*

*Total allocation to the centre and includes contributions to administrative and other staffing costs.

**Total allocations under YPFSF to the VEC for the entire Clondalkin area, including supports for this project in north Clondalkin.

As the Deputy will be aware, in 2004 I introduced a new delivery mechanism to support small-scale local actions in RAPID areas, through co-funding with other Departments or agencies. Allocations by my Department to the Clondalkin RAPID area under the RAPID leverage fund for co-funded measures amounted to €91,000 in 2004 and €160,000 in 2005.

In addition to specific allocations to projects submitted to my Department from RAPID plans, the Clondalkin area in general, including the north Clondalkin RAPID area, benefits under a number of my Department's programmes, as outlined in the Appendix. Reports from RAPID areas are available on www.adm.ie.

Appendix: Allocations to Clondalkin area

Programme

2004

2005

National drugs strategy (1)

€2.122 million

€2.131 million

Local development and social inclusion programme, LDSIP (2)

€1.043 million

€1.151 million

Dormant Accounts Fund Disbursements Board (3)

€1.015 million

Nil to date*

Community development programme

€0.645 million

€0.654 million

Programme of grants for locally based community and voluntary organisations (4)

€31,000

Nil to date

Community supports for older people programme (4)

€75,000

Nil to date

(1)Allocations shown are in respect of the Clondalkin local drugs task force area and include allocations to the local drugs task force, under the young people's facilities and services fund, and the premises initiative.
(2)The allocation shown is that available to Clondalkin Partnership, which includes the RAPID area.
(3)Applications from the Clondalkin area under the first round of dormant accounts were processed in 2004.
(4)Funding decisions in respect of 2005 will be made shortly.

Dinny McGinley

Question:

270 Mr. McGinley asked the Minister for Community, Rural and Gaeltacht Affairs the number of persons in County Donegal employed under the rural social scheme since it was launched in May 2005; and if he will make a statement on the matter. [27027/05]

Dinny McGinley

Question:

271 Mr. McGinley asked the Minister for Community, Rural and Gaeltacht Affairs the number of persons employed nationally under the rural social scheme since its launch in May 2005. [27028/05]

Dinny McGinley

Question:

272 Mr. McGinley asked the Minister for Community, Rural and Gaeltacht Affairs the allocation that has been available for the administration of the rural social scheme that was announced by him in May 2005. [27029/05]

I propose to take Questions Nos. 270 to 272, inclusive, together.

I launched the rural social scheme, which provides for 2,500 participants, in May 2004. To date, there are 1,856 participants and 103 supervisors employed nationally under this scheme. Of these total figures, Donegal has 155 participants and eight supervisors. The amount spent on the rural social scheme was €3.4 million in 2004 and is expected to be €25 million in 2005.

State Property.

Martin Ferris

Question:

273 Mr. Ferris asked the Minister for Agriculture and Food if she will release details of the agreement under which Bellanaboy Woods were transferred to the Shell-led consortium for the building of the proposed Corrib gas refinery. [26979/05]

Coillte Teoranta was established as a private commercial company under the Forestry Act 1988 and day-to-day operational matters are the responsibility of the company. The agreement in question is a matter of an operational nature for Coillte.

Disadvantaged Areas Scheme.

Jimmy Deenihan

Question:

274 Mr. Deenihan asked the Minister for Agriculture and Food when payment under the disadvantaged areas scheme will be awarded to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [26980/05]

Payments under the 2005 disadvantaged areas scheme commenced on 26 September 2005. The person named submitted an application under the single payment scheme and the disadvantaged area scheme on 16 May 2005. The payment will be based on 27.30 hectares and will be issued by my Department shortly, the person named having been confirmed as meeting the minimum stocking density requirement of the scheme.

Grant Payments.

Dan Neville

Question:

275 Mr. Neville asked the Minister for Agriculture and Food if she will reconsider the payment of a bull premium applied for on 4 November 2004 to a person (details supplied) in County Limerick in view of information forwarded to her Department outlining the special circumstances of the person. [26981/05]

In response to a previous parliamentary question concerning this matter, I indicated that as the animals in question were non-CMMS-compliant when they were submitted by the person named for the 2004 special beef premium scheme, premium could not be paid. It is a basic requirement of the scheme that animals be recorded on my Department's CMMS database as being in the herd of the applicant on the date of application for the scheme. I indicated that my Department was not aware of any special circumstances concerning the case.

Subsequently, the person named contacted the Department in writing, outlining the circumstances that led to the animals being non-CMMS-compliant. However, having considered the case further, it has been concluded that the circumstances as outlined are not such as would allow payment for the animals concerned. It is open to the person named to submit an appeal to the Agriculture Appeals Office, should the person named so wish.

Farm Retirement Scheme.

Denis Naughten

Question:

276 Mr. Naughten asked the Minister for Agriculture and Food if she has considered the recommendations of the report on the early farm retirement scheme published by the Joint Committee on Agriculture and Food earlier in 2005; if she is committed to addressing the deficiencies in the scheme highlighted in this report; the measures she intends to pursue to address the concerns experienced by existing participants in the scheme highlighted in this report; and if she will make a statement on the matter. [26983/05]

The joint committee's examination of the early retirement scheme provided a welcome opportunity to air a wide range of issues and I believe that this in itself has been helpful in clarifying the position. Earlier this month, I provided a detailed response to the report. Regrettably, I have not been able to accept a number of the committee's recommendations. They are precluded by elements of the EU regulations under which the current scheme and its predecessor are operated. The European Commission has rejected a complaint brought against my Department on most of the issues which were also covered in the committee's report. However, the committee made other recommendations which I am still considering.

Grant Payments.

Paul Kehoe

Question:

277 Mr. Kehoe asked the Minister for Agriculture and Food the grants available to a cattle breeding society who want to research and publish a history of the society; and if she will make a statement on the matter. [26984/05]

There is no provision in my Department's Vote in 2005 to fund projects of this nature.

Paul Connaughton

Question:

278 Mr. Connaughton asked the Minister for Agriculture and Food the EU single payment which will be made available to a person (details supplied) in County Galway; and if she will make a statement on the matter. [27022/05]

An application for consideration under the force majeure, exceptional circumstances, measure of the single payment regulations was submitted by the person named on 28 October 2004. Following processing of this application, the person named was 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 and that this decision could be appealed to the single payment appeals committee, which would carry out a full review of the circumstances outlined. To date, no appeal has been received. However, it is noted that the person named indicated that he experienced health problems during the reference years. My Department has been in direct contact with the medical practitioner of the person named, requesting full details of the ill health outlined. On receipt of this information, my Department will review its decision in this case.

Ned O'Keeffe

Question:

279 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if she will give consideration to an application for a person (details supplied) in County Cork under the single payment scheme 2005 national reserve. [27098/05]

The person named submitted an application for an allocation of entitlements from the single payment scheme national reserve under categories B and D. 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 D caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year.

The person named applied to be considered under section (i) of category B on the basis that he made an investment by acquiring land during the qualifying period 1 January 2000 and 19 October 2003. A copy of the lease agreement submitted by him shows that the commencement date of the lease was 1 December 2004. Since this date is outside the qualifying period he is ineligible for an allocation of entitlements from the national reserve under category B(i).

The application under category D from the person named was also considered and it was found that while he commenced farming in 2002, he received direct payments in respect of the 2002 scheme year, namely special beef premium in respect of 16 animals. Under the EU rules governing the single payment scheme, he cannot be deemed a new entrant and will not therefore receive an allocation of entitlements from the national reserve under category D.

The person named also applied as a new entrant during the reference period. Years 2000 and 2001 were omitted and the person named was notified that he was accepted as a new entrant during the reference period on 17 February 2005. The single payment before deductions has been calculated as €2,400.

Ned O'Keeffe

Question:

280 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if she will consider approving an application for a person (details supplied) in County Cork under the single EU premium reserve (category D). [27099/05]

The person named submitted an application for an allocation of entitlements from the single payment scheme national reserve under categories C and D. 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. Category D caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year.

Applications for an allocation of entitlements from the national reserve were received from over 17,500 farmers. Processing of these applications is continuing and the intention is to make allocations to successful applicants by 1 December next. The Department will be in touch with individual applicants as soon as their applications are fully processed. It should be noted, however, that 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.

Paul Connaughton

Question:

281 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding the single payment scheme in the case of a person (details supplied) in County Galway; the reason the person has not been awarded their area based payment in view of the fact that payment have now been issued to many farmers; and if she will make a statement on the matter. [27154/05]

The area processed for payment purposes under the disadvantaged area scheme for the person named in 2005 is 17.47 hectares. Payment will issue shortly.

Farm Waste Management.

Paul Connaughton

Question:

282 Mr. Connaughton asked the Minister for Agriculture and Food the reason farm plastic has not been collected from a great number of County Galway farmers for the past three years in view of the fact that farmers had paid for recycling through surcharges at retail level under the polluter pays concept; if her attention has been drawn to the fact that tonnes of such material are stored in farmyards all over the county; if her attention has further been drawn to the fact that the collection company indicated to farmers recently that, as it had collected its quota of 16,000 tonnes, it was not in a position to collect the outstanding 4,000 tonnes; where such plastics are being recycled; if there is over-capacity at such processing plants; if there is a possible threat of penalties being imposed on farmers as a result of farm inspection by community wardens or cross compliance or REP scheme inspections; and if she will make a statement on the matter. [27155/05]

The disposal of waste materials generally is covered by the Waste Management Acts 1996 to 2005, which apply to all sectors of society including the agricultural sector and is a matter for the Minister for the Environment, Heritage and Local Government. Under the Waste Management (Farm Plastics) Regulations 2001, manufacturers and importers of farm plastics, that is, silage bale wrap and sheeting, are required to take steps to recover farm plastics waste which they have placed on the market or alternatively to contribute to and participate in compliance schemes to recover the waste in question. The Irish Farm Film Producers Group, IFFPG, is currently the sole approved body in Ireland for the purposes of implementing a compliance scheme for the recovery of farm plastics waste. My Department has no involvement in the running of the scheme. Participants in REPS are required to avail of a recycling collection facility, such as the IFFPG scheme, where one exists, and to store such waste plastics neatly and safely on the farm pending disposal.

Visa Applications.

Dan Neville

Question:

283 Mr. Neville asked the Minister for Justice, Equality and Law Reform the reason an appeal for a person (details supplied) was refused. [27123/05]

The visa application was received in August 2005. The visa application was refused for two reasons. First, the visa officer was not satisfied that a previous relationship history existed between the applicant and the reference in Ireland. Second, financial information was not provided, therefore the visa officer could not be satisfied that there would be no recourse to public funds or resources. An appeal of the decision to refuse the visa application was subsequently submitted. However, the visa appeals officer was unable to conclude that the initial decision should be overturned. Consequently, the application was refused on appeal on 27 September 2005.

Paul Connaughton

Question:

284 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform if a holiday visa will be granted to a person (details supplied); if his attention has been drawn the fact that this application has been refused and is currently on appeal; and if he will make a statement on the matter. [27124/05]

This visa application was refused at the visa office in Moscow on a number of grounds, details of which have been provided to the applicant. Of particular concern is that the information provided with regard to the applicant's employment in Russia proved unreliable and information provided with regard to the applicant's last meeting with the inviting party contradicts the documentary evidence available. Moreover, there is no record in the visa office in Moscow of any appeal in this case. In the event that an appeal is lodged in this case, the application shall be fully reconsidered taking into account any additional information and documentation received.

Gaeilge sa tSeirbhís Phoiblí.

Aengus Ó Snodaigh

Question:

285 D'fhiafraigh Aengus Ó Snodaigh den Aire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí an bhfuil sé i gceist aige leas a bhaint as teastas Eorpach na Gaeilge arna fhorbairt ag Ollscoil na hÉireann, Má Nuad, agus atá bunaithe ar an gcreat coiteann Eorpach chun a chinntiú, ar bonn eolaíoch, go mbeidh leordhóthain Gaeilge ag gach ball den Gharda Síochána ag deireadh a chúrsa traenála dhá bhliain chun a chuid dualgas a chomhlíonadh sa dá theanga oifigiúla . [26942/05]

Tony Gregory

Question:

290 D'fhiafraigh Mr. Gregory den Aire Dlí agus Cirt, Comhionnais agus Athchóirithe Dlí an bhfuil sé i gceist aige leas a bhaint as teastas Eorpach na Gaeilge arna fhorbairt ag Ollscoil na hÉireann Má Nuad agus atá bunaithe ar an gcreat coiteann Eorpach chun a chinntiú ar bonn eolaíoch go mbeidh leordhóthain Gaeilge ag gach ball den Gharda Síochána ag deireadh a chúrsa traenála dhá bhliain chun a chuid dualgas a chomhlíonadh sa dhá theanga oifigiúla. [26928/05]

Tógfaigh mé Ceisteanna Uimh. 285 agus 290 le chéile.

Déanfaidh Coimisinéir an Gharda Síochána, i gcomhairle le mo Roinnse agus leis an Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta, an Teachta Éamon Ó Cuív, mionsonraí na riachtanas oideachais Gaeilge de chuid gardaí faoi oiliúint a thabhairt chun críche go luath. Déanfar an cúrsa a chuireann Ollscoil na hÉireann, Maigh Nuad, ar fáil a scrúdú sa chomhthéacs thuas, i measc cúrsaí eile.

Garda Stations.

Martin Ferris

Question:

286 Mr. Ferris asked the Minister for Justice, Equality and Law Reform if he will provide an update on the proposal for a new garda station at Castleisland, County Kerry; and if he will make a statement on the matter. [26821/05]

I have been informed by the Office Of Public Works that it is currently nearing completion of the acquisition of a site in Castleisland for a new Garda station. When this has been done a brief of requirements will be prepared.

While I cannot say at this stage when this project will commence I can assure the Deputy that there will be no avoidable delay in addressing the accommodation needs of the gardaí in Castleisland.

Violence Against Women.

Jack Wall

Question:

287 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of cases of violence against women reported in each Garda division for each of the past three years; his views on such figures; and if he will make a statement on the matter. [26822/05]

I regret that it has not been possible in the time available to obtain the information requested by the Deputy. I will be in contact with the Deputy in relation to this matter when they become available.

Crime Levels.

Billy Timmins

Question:

288 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the crime statistics across all headings for the years 1997 and 2004 for the areas of Bray, Greystones, Wicklow town, Arklow and Blessington, County Wicklow; the number of gardaí based in each of these areas in 1997 and 2004; the number of crimes detected; and if he will make a statement on the matter. [26823/05]

I refer the Deputy to my answers to Parliamentary Question No. 366 on 29 June 2005 and Nos. 698 and 792 on 12 April 2005. I am informed by the Garda authorities that the Garda district of Bray includes the Greystones area.

I am further informed that the details requested by the Deputy in relation to Garda personnel strength in Bray, Greystones, Wicklow town, Arklow and Blessington Garda stations are set out in the following table.

Garda Strength 1997-2004

Station

Strength 31/12/97

Strength 31/12/04

Bray

76

85

Greystones

28

28

Wicklow

33

36

Arklow

22

28

Blessington

12

14

Garda personnel deployment levels throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible service is provided to the public.

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

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

Violence Against Women.

Ruairí Quinn

Question:

289 Mr. Quinn asked the Minister for Justice, Equality and Law Reform his plans in relation to requests of the Minister for Finance regarding budget 2006 to increase funding for services to women who are victims of violence; and if he will make a statement on the matter. [26826/05]

Aengus Ó Snodaigh

Question:

302 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will make available increased funding to prevent and to combat the outcomes of violence against women; if he will address the underfunding of services such as phone help-lines, refuge and rape crisis centres to ensure that all women in need of such services can access them. [27149/05]

I propose to take Questions Nos. 289 and 302 together.

The responsibilities of my Department in relation to the issue of violence against women are for any necessary responses from the civil and criminal justice systems as well as for any preventative measures which can be put in place, including intervention programmes for perpetrators of domestic violence and for awareness raising measures aimed at changing society's attitude to violence against women. My Department also chairs and provides the secretariat to the national steering committee on violence against women. Funding in the Department's Vote for these activities was increased in 2005 by 39% to €1.124 million.

Funding for the provision of services to women experiencing violence, including domestic violence, rape and sexual assault, is the responsibility of the Department of Health and Children, while the Department of the Environment, Heritage and Local Government is responsible for the provision of refuges and other emergency accommodation.

I can further advise the Deputy that a subcommittee of the national steering committee is examining the question of funding for the sector generally and its findings, which are expected shortly, will be addressed to the relevant Departments.

Question 290 answered with QuestionNo. 285.

Racial Incidents.

Aengus Ó Snodaigh

Question:

291 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if it is the practice of the Garda Síochána to make a record of all telephone calls and verbal reports relating to incidents of racist behaviour including harassment and assaults, where the person conveying the information does not explicitly state that they wish to file a complaint. [27075/05]

I am informed by the Garda authorities that, since October 2002, in view of the importance of recording and monitoring racist incidents, a mechanism was put in place to record and gather information on racist incidents throughout the state by means of the PULSE computer system.

The definition of a racially motivated crime has been agreed and circulated throughout the Garda Síochána. A racial incident is defined as any incident that is perceived to be racially motivated by the victim, a member of the Garda Síochána, a person who was present and who witnessed the incident or a person acting on behalf of the victim.

Furthermore, the Garda racial and intercultural office, which was established in 2001, co-ordinates, monitors and advises on all aspects of policing in the area of ethnic and cultural diversity. Personnel in that office monitor all incidents to ensure that the PULSE system is accurately recording all such offences. Where such incidents occur, the Garda Síochána ensure that an investigation is pursued with reference mainly to the Criminal Justice (Public Order) Act 1994 and the Prohibition of Incitement to Hatred Act 1989, these being the main relevant legislative instruments pertaining to crime of this type.

Grant Payments.

Ned O'Keeffe

Question:

292 Mr. N. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will make funding available to an organisation (details supplied) in Dublin under the enhancing disability services project funding scheme. [27096/05]

In May of this year my Department publically advertised the enhancing disability services, EDS, project fund. By the closing date for receipt of funding applications, 134 project proposals had been submitted.

All of the applications were acknowledged by my Department and forwarded to Area Development Management Limited for independent assessment and appraisal. Area Development Management will shortly complete its assessment of the proposals and will then be in a position to submit its recommendations to my Department. All applicants will be notified of the outcome of their project proposals by the beginning of November.

As such, I am not currently in a position to comment on individual applications for funding made under the EDS project fund.

Proposed Legislation.

Jim O'Keeffe

Question:

293 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform his proposals in relation to the reform of the law in relation to fireworks; and if he will introduce legislation in this regard. [27113/05]

The Explosives Act 1875 provides for the control of the importation, manufacture, storage and sale of fireworks. As the Deputy will be aware, last February I published a fireworks policy consultation document and initiated a process of consultation with a view to bringing forward proposals for amending and strengthening the provisions in the 1875 Act. My Department has received a wide range of submissions in response to the consultation document which are currently being examined.

It is already clear, from the submissions received, that, among the options for change outlined in the consultation document, there is a general acknowledgement of the need to strengthen the enforcement provisions in the 1875 Act. Accordingly, I propose to take the opportunity presented by the Criminal Justice Bill 2004, which is currently before the House, to bring forward, on Committee Stage of that Bill, amendments which will provide for new offences governing the misuse of fireworks in public places and an offence of possession of illegally imported fireworks with intent to supply. I also propose to significantly increase penalties governing the illegal importation, sale and use of fireworks.

Visa Applications.

Jim O'Keeffe

Question:

294 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the case of a person (details supplied) in County Limerick; if his attention has further been drawn to the cost and expense already involved in changing flights; and if he will make arrangements to resolve the issue. [27114/05]

It appears in this case that the parent(s) brought their child, an Irish born citizen, to their country of origin to stay with family members. Both parents had originally entered this State illegally and separately, and later had their subsequent applications for asylum refused, with one being deemed "manifestly unfounded". Following the birth of a child they both obtained residency based on parentage of an Irish born child.

The appropriate course of action in a case like this, where parent(s) bring their child out of the country to stay with a family member, is that the parent(s) should bring the child back into the country themselves. Clearly it remains open to one or both of the parents resident in the State to travel to their country of origin to accompany the child on her return.

A visa officer will have to have regard to a number of factors, including the immigration history of the sponsor(s), when deciding on a visa application.

As regards the cost and expense involved in changing flights etc., I refer the Deputy to the advice in the visa information leaflet that accompanies application forms, which states that "travel tickets should not be booked or paid for by applicants until their applications have been approved".

Residency Permits.

Jan O'Sullivan

Question:

295 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding the application of a person (details supplied) in County Limerick under either the criterion of marriage to an Irish citizen or having an Irish born child, who qualified under both headings; and if he will make a statement on the matter. [27117/05]

The person concerned has made two separate applications for permission to remain in the State. The first was made in June 2004 on the basis of marriage to an Irish national and the second this year under the revised processing arrangements for parents of Irish born children. The second application has been successful and a letter of permission will issue to the person concerned shortly. Because of this no further processing is required on the marriage to an Irish national application.

Visa Applications.

Paul Kehoe

Question:

296 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the status of an application for a visitors visa for a person (details supplied) to come back here; the length of time before a decision will be made; and if he will make a statement on the matter. [27118/05]

The application referred to by the Deputy has not been lodged with the visa section of my Department to date. If and when it is received it will be examined in line with the usual criteria for such an application.

Garda Investigations.

Joe Costello

Question:

297 Mr. Costello asked the Minister for Justice, Equality and Law Reform if an inquiry will be set up under the Commission of Inquiry Act 2004 into the circumstances surrounding the confession by Dean Lyons to the murder of two women at Grangegorman; and if he will make a statement on the matter. [27119/05]

Tony Gregory

Question:

300 Mr. Gregory asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 1058 of 28 September 2005, if the details in a newspaper (details supplied) on 29 September 2005 are accurate; if so, the reason these details were not made available to Dáil Éireann when the question was answered. [27122/05]

I propose to take Questions Nos. 297 and 300 together.

As I have already informed the House, on 27 June I appointed Mr. Shane Murphy SC to conduct an independent review and examination of the Garda Síochána papers relating to the making by the late Mr. Dean Lyons of inculpatory statements in the course of the Garda investigation into the murders of Ms Mary Callinan and Ms Sylvia Shiels on 6-7 March 1997.

Mr. Murphy has submitted his report to me, and I am considering it. In connection with my consideration of the report, I am consulting with the Minister for Finance regarding the establishment of a commission of investigation. I will keep the House informed of developments.

My reply to Parliamentary Question No. 1058 of 28 September accurately described the position.

Ministerial Meetings.

Joe Costello

Question:

298 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he will meet with residents in Dublin 7 (details supplied). [27120/05]

I have not received a request for a meeting from the persons concerned. On receipt of such a request I will consider the matter.

Deportation Orders.

Olivia Mitchell

Question:

299 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the action his Department has taken regarding the deportation of a person (details supplied). [27121/05]

I refer the Deputy to the replies I gave to Questions Nos. 248 and 249 on Wednesday, 23 March 2005 and Questions Nos. 397 and 403 on Tuesday, 19 April 2005. My position remains the same. I do not intend to revoke the deportation orders made.

Question No. 300 answered with QuestionNo. 297.

Garda Investigations.

John Gormley

Question:

301 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if he has received information from and met with a person (details supplied) and others in relation to serious allegations made against gardaí at Ashbourne Garda station; if he will investigate these matters; and if he will make a statement on the matter. [27144/05]

The person in question, a constituent of mine, approached me in relation to allegations of failure of duty by members of An Garda Síochána attached to Ashbourne Garda station. Subsequent to this and at my request, the complainant and others met with officials from my Department about the matter.

I can confirm to the Deputy that the Commissioner of An Garda Síochána has appointed a chief superintendent to investigate these allegations. I understand that the investigation is ongoing.

Question No. 302 answered with QuestionNo. 289.

Coroners Service.

Aengus Ó Snodaigh

Question:

303 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Coroners Bill will give consideration to the recommendations by the review group including the proposal to end the restriction on the number of medical and other witnesses that a Coroner may call during an inquest and when he expects the Bill to be published. [27150/05]

I refer the Deputy to my answer to Questions Nos. 1003 and 1004 of 28 September 2005.

Proposed Legislation.

Aengus Ó Snodaigh

Question:

304 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he recognises the inequalities and great hardships faced by people in long-term cohabiting relationships due to current immigration laws and the steps he intends to take to ensure immigration rights for same sex couples are equal to those of heterosexual married couples. [27152/05]

In April of this year I published a discussion document, Immigration and Residence in Ireland — Outline Policy Proposals for an Immigration and Residence Bill, which contains a comprehensive analysis of the whole area of family reunification, including non-marital partnerships and same sex relationships. I assure the Deputy that I will examine this issue fully in the context of the development of the proposed new legislation.

Stádas Míbhuntáiste.

Aengus Ó Snodaigh

Question:

305 D'fhiafraigh Aengus Ó Snodaigh den Aire Oideachais agus Eolaíochta cén fáth nach bhfuil stádas míbhuntáiste tugtha do Ghaelscoil Inse Chóir, Baile Átha Cliath, in ainneoin go bhfuil a leithéid de stádas ag gach uile scoil eile sa cheantar agus ag gach uile scoil a bhfuil an líon sin páistí ag freastal uirthi a thagann ó cheantair atá aitheanta ag gach uile rannóg eile Stáit mar cheantair mhíbhuntáiste. [26926/05]

Aengus Ó Snodaigh

Question:

306 D'fhiafraigh Aengus Ó Snodaigh den Aire Oideachais agus Eolaíochta cad iad na bearta a dhéanfaidh sí chun an éagóir atá á himirt ar Ghaelscoil Inse Chóir, Baile Átha Cliath, i dtaca leis na hacmhainní nach bhfaigheann an scoil de thairbhe an stádas míbhuntáiste a bheith diúltaithe di, a chur ina cheart. [26927/05]

Tógfaidh me Ceisteanna Uimh. 305 agus 306 le chéile.

Seoladh an clár "Giving Children an Even Break" sa bhliain 2001 agus tá sé ann anois in ionad an phróisis a bhí i bhfeidhm cheana ina ndearnadh scoileanna a shainiú chun réigiúin um mhíbhuntáiste oideachasúil a fhreastal. Tá an cur chuige sa Roinn anois níos foirfe chun a dheimhniú go dtabharfar aire ar leith do na daltaí úd atá "faoi bhaol". Seachas an seanmhodh, ina ndearnadh scoileanna sa bhreis a shainiú, is é atá i gceist sa scéim seo ná go soláthróidh an Roinn an tacaíocht a bheidh comhthomhaiseach leis an líon daltaí sna scoileanna ar a bhfuil saintréithe um mhíbhuntáiste oideachasúil mar aon le luathfhágáil scoile ag baint leo. Rinneadh maoiniú €4000, go hachomair, a chaitheamh ar an scoil atá i gceist ag an Teachta faoin scéim seo ó cuireadh ar bun í sa bhliain 2001.

An plean gníomhach don chuimsiú oideachasúil dar teideal DEIS, Comhíonannas Deiseanna a Sholáthar i Scoileanna, a sheol mé ar 30 Bealtaine, déanfar é a chur ar bun ar bhonn céimiúil — ag tosú sa bhliain reatha — agus beidh sé mar aidhm aige a dheimhniú go dtabharfar tús áite do riachtanais oideachasúla leanaí agus daoine óga, ó réamhscoil go dtí oideachas dara leibhéil uachtarach — trí go dtí 18 bliain d'aois — a thiocfaidh as comhphobail mhíbhuntáisteacha agus go ndéanfar déileáil leo go héifeachtach. An plean nua seo, is iarbheart é as an chéad athbhreithniú iomlán de na cláir uile chun déileáil le míbhuntáiste oideachasúil a cuireadh ar bun thar an 20 bliain a ghabh tharainn agus beidh sé i gceist €40 milliún sa bhreis a infheistiú ann gach aon bhliain tráth é a bheith ag feidhmiú go hiomlán. Beidh sé i gceist, freisin, 300 post sa bhreis a bhunú thar an earnáil oideachais go ginearálta.

Córas caighdeánach a lonnú, chun leibhéil mhíbhuntáiste a shainaithint i mbunscoileanna agus i scoileanna dara leibhéil, eochairbhall é sin den nuaphlean gníomhach agus beidh sé mar thoradh aige acmhainní a dháileadh níos fearr orthu san is mó riachtanas. Na próisis a bhaineann le sainaithint agus le hanailís, déanfar bainistíocht orthu ag an ERC ar son na Roinne. Mar thoradh ar phróiseas na sainaitheanta, déanfar 600 bunscoil, go hachomair, a chuimsiú i nuachlár tacaíochta scoileanna agus orthu siúd áireofar 300 scoil uirbeach nó baile, 300 scoil thuathúil agus 150 scoil dara leibhéil. Beidh an clár sin freagrach as roinnt idirghabhálacha do scoileanna agus do mheithil scoileanna nó chomhphobail a bhailiú le chéile agus a fhorbairt. Tá a leithéid d'eagar ann faoi láthair sna scoileanna a bhfuil leibhéal tiubhaithe de mhíbhuntáiste oideachasúil ag baint leo.

Tuigtear go mbeimis in ann, tráth dheireadh na bliana, na scoileanna rannpháirteacha a chur ar an eolas faoin toradh a bheidh leis an bpróiseas sainaitheanta atá ar siúl faoi láthair.

Leibhéil Leitheoireachta.

Dinny McGinley

Question:

307 D'fhiafraigh Mr. McGinley den Aire Oideachais agus Eolaíochta cad é polasaí a Roinne maidir le múineadh na léitheoireachta go ginearálta agus múineadh léitheoireacht na Gaelige agus léitheoireacht an Bhéarla as a chéile i scoileanna Gaeltachta agus an ndéanfaidh sí ráiteas ina thaobh. [26946/05]

Tá polasaí na Roinne i leith na léitheoireachta bunaithe ar a bhfuil ráite i gCuraclam na Bunscoile (1999). I gcás na Gaeilge agus an Bhéarla, cé go n-aithnítear tábhacht príomhá na héisteachta agus an labhartha, aithnítear gur scil ríthábhachtach í an léitheoireacht, eochair a osclaíonn doras don leanbh i dtreo na scéalaíochta, i dtreo na samhlaíochta agus i dtreo an eolais ar fad atá sna leabhair, in irisí agus ar láthreáin ghréasáin.

Moltar sa churaclam go mbeadh bunús maith faoi thuiscint agus faoi labhairt na teanga sula dtosófaí ar í a léamh nó í a scríobh go foirmiúil. Aithnítear freisin gur féidir agus gur gá an-chuid cleachtaí réamhléitheoireachta a dhéanamh chomh maith, ón gcéad lá a théann an leanbh ar scoil, fiú. Is é atá i gceist ná cumas tuisceana agus labhartha an linbh a fhorbairt, leabhair le pictiúir mhealltacha a thaispeáint don dalta, scéalta a léamh as leabhair don rang, an ceangal idir focal ar an bhfalla nó ar an gclár dubh agus an rud féin a mhíniú, cluichí meaitseála agus mórán eile. Ach an méid sin a bheith déanta, ba chóir go gcuirfí tús leis an léitheoireacht fhoirmiúil sna naíonáin shinsearacha.

Ní mór idir léitheoireacht na Gaeilge agus léitheoireacht an Bhéarla a mhúineadh i ngach scoil. Is cóir plean cuimsitheach don litearthacht bheith i ngach scoil agus fearas cuí chun í a mhúineadh. Toisc gur casta coimpléascach an scil í, moltar sa churaclam nach dtosófaí ar an léitheoireacht fhoirmiúil sa dá theanga ag an am ceanann céanna i scoil Ghaeltachta. Braitheann cé acu teanga lena dtosófar ar ghnáth-theanga na scoile agus an teaghlaigh. Sa Ghaeltacht, má bhíonn cumas ard Gaeilge ag na páistí, bheifí ag súil go dtosófaí le teagasc léitheoireacht na Gaeilge, ach is faoi bhainistíocht agus foireann na scoile atá sé cúinsí ar leith na scoile a mheas agus cinneadh a dhéanamh. Tuigtear go dtarlaíonn traschur áirithe scileanna ó léitheoireacht i dteanga amháin go léitheoireacht i dteanga eile, fiú má tá difríochtaí eatarthu freisin.

Uaidh sin ar aghaidh ba chóir go ndéanfaí léitheoireacht sa dá theanga a fhorbairt chomh fada agus a thagann le cumas na leanaí. I ngeall ar an gcumas breise Gaeilge i scoil Ghaeltachta ba chóir réimse leathan leabhar leabharlainne bheith ar fáil chun spéis agus samhlaíocht na leanaí a shásamh. Ina leith sin cloisim an-mholadh ar ‘Séideán Sí' a chuir an Roinn ar fáil ina ghálaí le blianta anuas. Ina theannta sin, ba mhaith liom an obair atá déanta ag gasraí múinteoirí sna Gaeltachtaí chun ábhar léitheoireachta breise in oiriúint do thimpeallacht teanga na scoile a chur ar fáil.

Tá an Chomhairle Náisiúnta Curaclaim agus Measúnachta i mbun comhairle a ullmhú d'fhonn tacaíocht a thabhairt do mhúinteoirí i scoileanna Gaeltachta agus scoileanna lánGhaeilge maidir le tús a chur le múineadh na léitheoireachta sa dá theanga. Níl aon cheist mar gheall ar an tábhacht a ghabhann le léitheoireacht an Bhéarla a fhorbairt go dtí an leibhéal is airde is féidir in aon scoil, agus ní taise don scoil Ghaeltachta é, i ngeall ar a riachtanaí atá sí chun eolas a aimsiú, chun deiseanna oideachais a thapú agus páirt iomlán a ghlacadh i gcultúr idirnáisiúnta.

Languages Programme.

Jack Wall

Question:

308 Mr. Wall asked the Minister for Education and Science the position of a person (details supplied) regarding an exemption for exams in view of their health problem and the period of time that they was resident in another county; and if she will make a statement on the matter. [26966/05]

The post-primary curriculum for the study of Irish has the capacity to cater for a wide diversity of ability. Nevertheless, provision exists for exemption from the study of Irish in limited special circumstances. The guidelines in relation to an exemption from the study of Irish at post-primary level are set out in circular letter M10/94. Under the terms of this circular, my Department has delegated authority to the principals of post-primary schools to grant the exemptions provided the student meets the criteria as set down.

The criteria provide that exemptions may be granted by school authorities for students whose primary education up to 11 years of age was received in Northern Ireland or outside Ireland; students who were previously enrolled as recognised students in a primary school or post-primary school who are being re-enrolled after a period spent abroad, provided that at least three years have elapsed since the previous enrolment in the State and the student is at least 11 years of age on re-enrolment; and certain categories of students with special educational needs as set out in Circular M10/94; or students from abroad, who have no understanding of English when enrolled.

Schools Building Projects.

Jack Wall

Question:

309 Mr. Wall asked the Minister for Education and Science the position regarding an application for a new national school for Castledermot, County Kildare; and if she will make a statement on the matter. [26967/05]

My Department proposes to build a new 16 classroom primary school in Castledermot. The property management section of the Office of Public Works, which acts on behalf of my Department regarding site acquisitions generally, has acquired a site for this development. Progress on the project will be considered in the context of the school building and modernisation programme from 2006 onwards.

School Accommodation.

Liam Aylward

Question:

310 Mr. Aylward asked the Minister for Education and Science the progress which has been made on the application for an extension and refurbishment to a school (details supplied) in County Wexford. [26968/05]

The school to which the Deputy refers applied for the provision of additional temporary accommodation in 2004 to cater for its immediate needs. Grant aid was approved accordingly. The school planning section also received an application for major capital funding. Progress on the project is being considered in the context of the school building and modernisation programme from 2006 onwards.

Pupil-Teacher Ratio.

Billy Timmins

Question:

311 Mr. Timmins asked the Minister for Education and Science the pupil teacher ratio for schools (details supplied) in County Wicklow. [26969/05]

The pupil teacher ratio, PTR, is calculated by dividing the enrolment of a primary school on 30 September of a given school year by the total number of full-time teaching posts based in the school. The most recent data on pupil teacher ratios available to my Department refers to the 2004-05 school year. For the 2004-05 school year the PTR of the 35 schools referred to by the Deputy were as follows:

School No:

PTR:

1.

13.2:1

2.

6.0:1

3.

21.7:1

4.

23.3:1

5.

22.9:1

6.

19.6:1

7.

22.0:1

8.

21.8:1

9.

19.7:1

10.

21.4:1

11.

18.8:1

12.

3.2:1

13.

13.1:1

14.

5.3:1

15.

18.0:1

16.

19.8:1

17.

19.3:1

18.

20.3:1

19.

21.6:1

20.

21.7:1

21.

18.9:1

22.

19.8:1

23.

23.9:1

24.

23.9:1

25.

15.1:1

26.

18.3:1

27.

18.0:1

28.

27.3:1

29.

20.1:1

30.

12.0:1

31.

15.6:1

32.

18.8:1

33.

9.0:1

34.

17.8:1

35.

20.9:1

The Deputy should note that teachers shared between schools are counted for PTR purposes in the schools in which they are based, and are not reckoned when calculating the PTR of schools which share the post with the base school.

Special Educational Needs.

Tom Hayes

Question:

312 Mr. Hayes asked the Minister for Education and Science the position regarding an application for special needs teacher for a cluster of schools in the Carrick-on-Suir and Clonmel area (details supplied). [26970/05]

As the Deputy is aware, a new general allocation scheme has been announced under which schools have been provided with learning support-resource teaching, LS-RT, hours, based on their enrolment figures, to cater for pupils with high incidence special educational needs such as dyslexia and those with learning support needs. In May 2005, the three schools in question were each notified of their general allocation teaching hours and the schools with which they were to be clustered. The schools' management authorities subsequently submitted an alternative proposal to my Department to reorganise the cluster of schools to enable the three schools to share a full-time post. In this regard, I am pleased to advise the Deputy that the schools' authorities were notified in writing on 5 August 2005 that a permanent, full-time teaching post was approved to cater for the LS-RT needs of the three schools.

Residential Institutions Redress Act.

Brendan Howlin

Question:

313 Mr. Howlin asked the Minister for Education and Science if any institutions in respect of which no public body had a regulatory or inspection function are included in the schedule to the Residential Institutions Redress Act 2002; if she will amend the schedule to include a home (details supplied) in Dublin 7 where a person from County Wexford sustained serious injury as a very young child as a result of alleged neglect; and if she will make a statement on the matter. [27024/05]

The Residential Institutions Redress Act 2002 provides a statutory scheme of financial redress for persons who, as children, were abused while in residential institutional care. The scheme applies in respect of institutions specified in the Schedule to the Act. Section 4 of the Act provides that the Minister for Education and Science may, by order, provide for the insertion in the Schedule of additional institutions in which children were placed and resident and in respect of which a public body had a regulatory or inspection function.

Since the enactment of the legislation, my Department has been contacted by individuals and/or solicitors about various institutions not specified in the Schedule, including the facility mentioned by the Deputy. Following consideration of the matter and consultation with relevant public bodies, I signed an order on 9 November 2004 which provided for the inclusion of 13 additional institutions in the Schedule. A further order was made on 1 July 2005 adding three institutions to the Schedule.

The question of including additional institutions has now been fully considered by my Department in consultation with relevant Departments and it is not proposed to add any further institutions to the Schedule at this point.

Higher Education Grants.

Willie Penrose

Question:

314 Mr. Penrose asked the Minister for Education and Science if a person (details supplied) in County Westmeath is entitled to the higher education grant; and if she will make a statement on the matter. [27030/05]

Under the terms of my Department's higher education grants scheme a student is not eligible for grant assistance in respect of a second period of study at the same level irrespective of whether or not a grant was paid previously. The scheme also provides that grants may not be paid to candidates who already hold a postgraduate qualification and are pursuing a second postgraduate qualification.

Clause 7.7 of the higher education grants scheme does provide for financial assistance to eligible candidates who already hold a postgraduate qualification and are progressing to a further postgraduate course which represents progression. As the postgraduate degree in education does not represent progression from a postgraduate course in computers as defined in Clause 7.7. of the scheme, the student referred to by the Deputy is not therefore eligible for grant assistance.

However, tax relief is available in respect of postgraduate fees paid in publicly funded colleges here and in other EU member states, as well as in private colleges in the State. This relief applies at the standard rate of tax and is available to full-time and part-time postgraduate students. Further details and conditions on this tax relief are available from local tax offices.

Computerisation Programme.

John Curran

Question:

315 Mr. Curran asked the Minister for Education and Science if she will provide a progress report on the roll-out of broadband into schools in Clondalkin and Lucan. [27044/05]

As the Deputy will be aware, my Department is currently engaged in the roll-out of broadband Internet connectivity to all recognised primary and post-primary schools. This connectivity is being provided via a schools national broadband network supported by HEAnet, which will provide managed Internet access, email, security controls, content filtering and other services designed to enhance the educational process. This project is being undertaken in partnership with industry, following the establishment of a three year €18 million joint Government-IBEC/TIF fund.

Following a competitive tender process, contracts have been agreed with six companies selected for the provision of access connectivity across the nearly 4,000 schools involved and with the other further company selected for the provision of a broadband router at school level. The schools national broadband network and the service desk are operational and the roll-out process of local connectivity to schools is under way. It is expected that the roll-out will be completed by March 2006.

While the overall pace of school installations is agreed within the individual contacts with the companies concerned, the order and selection of individual school installations is a matter for each company. My Department would not be aware of when individual schools are scheduled to be connected.

Special Educational Needs.

Catherine Murphy

Question:

316 Ms C. Murphy asked the Minister for Education and Science, in view of her announcement on 29 September 2005 regarding an extensive school investment programme, the provisions which are being made within this project for special classes and units to be established within these mainstream schools; if specific guidelines for the establishment of such units and classes exist; if not, her plans to establish such guidelines; and if she will make a statement on the matter. [27072/05]

Catherine Murphy

Question:

317 Ms C. Murphy asked the Minister for Education and Science if, in view of her announcement on 29 September 2005 regarding an extensive school investment programme, her Department will provide extra teacher training, two permanent special needs teaching posts, and a commitment of financial assistance for the future development of a purpose built special class building for a school that is attempting to establish a special class for children with autistic spectrum disorders and cannot obtain these resources through the NCSE; and if she will make a statement on the matter. [27073/05]

Catherine Murphy

Question:

318 Ms C. Murphy asked the Minister for Education and Science if, in view of her announcement on 29 September 2005 regarding an extensive school investment programme, her Department will commit to assisting the family of a child with a disorder on the autistic spectrum in their attempts to place the child in a special class based within a mainstream secondary school; and if she will make a statement on the matter. [27074/05]

I propose to take Questions Nos. 316 to 318, inclusive, together.

There has been enormous progress made over the past number of years in the provision of resources, including accommodation, for special needs pupils. I am continuing to prioritise provision to ensure that all pupils with special needs are adequately resourced to enable them to meet their full potential.

On my plans to deliver 23 new post-primary schools and four new primary schools under a major expansion of the Government's public private partnership from 2006 to 2009, I can confirm that provision will be made in these schools for pupils with special educational needs. The level and range of accommodation and resources to be provided is likely to vary from school to school depending on the specific type of provision to be made and the specific needs of pupils presenting.

The details on individual schools will be factored into accommodation briefs following an examination of all the issues concerned by the National Council for Special Education, NCSE, in association with the school planning section of my Department.

The Deputy will be aware that with effect from 1 January 2005 the NCSE has taken over responsibility for processing resource applications for children with disabilities who have special educational needs. These responsibilities include the following: deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level; deciding on applications for special needs assistant, SNA, hours; and processing applications for school placement in respect of children with disabilities with special educational needs.

The NCSE allocates additional teaching and other resources in accordance with my Department's resourcing policies to support the special educational needs of children with disabilities. Under the new arrangements, the council, through the local special educational needs organiser, SENO, will process the relevant application for resources and inform the school of the outcome. It is important to note that in the case of decisions on additional teaching and SNA support, the SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made.

My Department supports the education of individual students with autism in various second level schools throughout the country. The precise model of provision made available will depend on the assessed needs of the pupils involved. Some students are capable of attending ordinary classes on an integrated basis with additional teacher and/or special needs assistant support. In other cases, placement in special dedicated classes or units attached to the school may be the more appropriate response. Such special classes operate at significantly reduced pupil teacher ratios. In general where a special class for pupils with autism is established by my Department, such classes are staffed by one teacher and two special needs assistants and can cater for a maximum of six pupils. However, my Department provides for a flexible approach to applying these standard ratios to allow for individual school and pupil factors to be taken into account. Students attached to these special classes may be facilitated in attending ordinary subject classes on an integrated basis wherever possible.

Where a school wishes to establish a special class in order to meet the special educational needs of children with disabilities, an application must be submitted to the relevant SENO. In this regard, it is my Department's understanding that the establishment of such a class for pupils with autism within the school in question is currently under consideration. Other issues such as training, accommodation/buildings, furnishing and fittings should be applied for by the school authorities to my Department by way of normal procedure.

I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require, when and where they require it.

Road Safety.

John Curran

Question:

319 Mr. Curran asked the Minister for Education and Science if, in view of recent population growth and development in the village of Lucan, a review of the road safety outside the schools in Lucan will be carried out. [27115/05]

The issue of a review of road safety measures outside the vested site areas of the schools in Lucan would be a matter that should be raised in the first instance with the local authority. Local authorities have the power to decide on road safety measures outside schools and should insure that measures are in place to protect the safety of local school children. It is open to the boards of management of the schools in Lucan to make an application under the summer works scheme 2006 should safety measures be required within school boundaries.

Army Barracks.

Dinny McGinley

Question:

320 Mr. McGinley asked the Minister for Defence his plans for Rockhill House Barracks, Letterkenny, County Donegal; and if he will make a statement on the matter. [27011/05]

There are no plans to close the military facility at Rockhill House. The relocation of ordnance from Rockhill House Barracks was an operational decision taken by the relevant military authorities. I understand that it has the effect of increasing the number of troops available for ongoing training and operational requirements and targets which must be met by the 28th Infantry Battalion.

Decentralisation Programme.

Jack Wall

Question:

321 Mr. Wall asked the Minister for Defence the position of the decentralisation of the Department to Newbridge; the proposal date for commencement of the operation; the number of officials that have agreed voluntarily to the move; and if he will make a statement on the matter. [27012/05]

The Government decision on decentralisation announced by the Minister for Finance in his Budget Statement on 3 December 2003 provides for the transfer of my Department's Dublin based Civil Service staff to Newbridge, County Kildare. The number of staff to be relocated to Newbridge is 200.

The date envisaged for the move to Newbridge is the second quarter of 2007. The Office of Public Works is currently in discussions with Kildare County Council regarding issues surrounding the site in Newbridge for the Department's new headquarters.

A total of 414 personnel, of whom 78 are currently serving in the Department, have expressed an interest in relocating to Newbridge. The Department is in the process of compiling data on the personnel who have applied voluntarily to the move.

Defence Forces Property.

Jack Wall

Question:

322 Mr. Wall asked the Minister for Defence the position on the sale of the Orchard Park, Curragh houses to the tenants; when the estate will be handed over to the local authority; the position in relation to the necessary repairs to footpaths and roads in the estate; the progress of such refurbishment works; and if he will make a statement on the matter. [27013/05]

To date 87 of the houses at Orchard Park have been sold to the occupants and work regarding the sales of the remaining 13 houses at the estate is ongoing. The roads, footpaths and services at the estate will have to be brought up to the required standard before they will be taken in charge by Kildare County Council and it is hoped to undertake the necessary works in that regard as soon as possible.

Decentralisation Programme.

Jack Wall

Question:

323 Mr. Wall asked the Minister for Defence the position of the decentralisation of the Army headquarters to the Curragh; the proposals dates for commencement of the operation; and if he will make a statement on the matter. [27014/05]

The Defence Forces headquarters decentralisation implementation group is planning for the relocation of those elements of the headquarters that will be relocated to the Curragh. Some elements of Defence Forces headquarters will also be relocated to Newbridge with my Department.

Plans for the decentralisation of Defence Forces headquarters are progressing. A site within Defence Forces property in the Curragh has been selected and there is ongoing liaison between the Department of Defence, the Defence Forces and the Office of Public Works.

It is expected that a preliminary layout for the building will be presented shortly by the Office of Public Works. Once this is agreed, notification to the local authority pursuant to the Planning and Development Act 2001, preparation of detailed specifications and invitation to tenders will follow. The project is expected to go on site in nine to 12 months.

Architectural Heritage.

Jack Wall

Question:

324 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the funding that is available to a local authority to purchase a historical castle such as Whites Castle, Athy, County Kildare from the Department; the way in which such loans or grants can be drawn down; and if he will make a statement on the matter. [26975/05]

Local authorities' powers would permit them to acquire and-or manage properties of architectural or heritage interest, and a number of local authorities have done this.

My Department has not provided direct grant assistance to local authorities for this purpose. In so far as local authorities may seek to finance this kind of property acquisition through borrowing, the Department's sanction would be required to the proposal involved. It would consider such proposals on their individual merits with regard to the aggregate limits which it must administer in regard to local authority borrowing generally.

Caomhnú na Gaeilge.

Tony Gregory

Question:

325 D'fhiafraigh Mr. Gregory den Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil i bhfianaise cinnidh stairiúil an Bhoird Phleanála maidir le caomhnú na Gaeilge sa Ghaeltacht, an bhfuil sé i gceist ag an Aire rialacháin a dhéanamh faoi Alt 33 den Acht Pleanála 2000 a cheanglóidh ar lucht forbartha an fhaisnéis chuí a sholáthar chun go n-ullmhófaí ráiteas tionchar teanga neamhspleách maidir le gach forbairt mholta i limistéir Ghaeltachta. [26929/05]

Aengus Ó Snodaigh

Question:

326 D'fhiafraigh Aengus Ó Snodaigh den Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil i bhfianaise cinnidh stairiúil an Bhoird Phleanála maidir le caomhnú na Gaeilge sa Ghaeltacht, an bhfuil sé i gceist ag an Aire rialacháin a dhéanamh faoi Alt 33 den Acht Pleanála 2000 a cheanglóidh ar lucht forbartha an fháisnéis chuí a sholáthar go n-ullmhófaí ráiteas tionchar teanga neamhspleách maidir le gach forbairt mholta i limistéir Ghaeltachta. [26943/05]

Tógfaidh mé Ceisteanna Uimh. 325 agus 326 le chéile.

Faoi Alt 10(2)(m) den Acht Pleanála agus Forbartha, 2000, ní mór aidhmeanna faoi chosaint oidhreacht teangeolaíochta agus cultúrtha na Gaeltachta, agus faoi chuir chun cinn na Gaeilge mar theanga pobail, a bheith i measc aidhmeanna an phlean fhorbartha —áit a bhfuil ceantar Gaeltachta i gceist. Caithfidh na húdaráis phleanála, agus An Bord Pleanála, na haidhmeanna seo a thabhairt san áireamh agus cinneadh á ghlacadh acu ar chásanna pleanála.

Tá mé sásta gur cuí na forálacha seo chun déileáil le cúrsaí teanga agus cultúrtha sa Ghaeltacht, ó thaobh pleanála de, agus níl sé i gceist agam tuilleadh rialachán a cheapadh.

Environmental Policy.

Billy Timmins

Question:

327 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the position with regard to smokeless fuel for the Kilpedder area of County Wicklow; his plans to introduce smokeless fuel for this area; and if he will make a statement on the matter. [26952/05]

I refer to the reply to Question No. 579 of 21 June 2005.

The 1990 regulations banning the marketing, sale and distribution of bituminous coal were originally made to address the winter smog situation prevalent in the Dublin area at that time, and have since been extended to 15 other areas taking account of the analysis of air quality monitoring data and also of population size. On the basis of these criteria, the ban currently applies to two towns in County Wicklow, Bray and Arklow.

A June 2002 voluntary agreement between my Department and the solid fuel trade group provided, inter alia, for the delivery of significantly cleaner standards for bituminous coal and petcoke on a phased basis. Under this agreement, there is currently a temporary moratorium on the designation of further coal ban areas during the life of the agreement except where required to ensure adherence to air quality standards. The agreement also provided for an initial review by end-2003 and a final review by end-2004, with the ambition of setting further targets from 2005 onwards.

My Department reviewed the operation of the voluntary agreement in 2003 but the final review due by the end of December 2004 was postponed following the granting of a moratorium on the step down to 2004 sulphur levels in petcoke for the 2004-2005 heating season. The moratorium was requested by the trade group and was granted to help the industry through a difficult interim supply period, triggered by exceptional levels of demand for petcoke tonnages internationally which made the sourcing of lower sulphur fuels problematic for the industry.

The agreement is now undergoing its final review and discussions are under way with a view to maximising environmental benefits from the new arrangements. It is not envisaged that the ban on the marketing, sale and distribution of bituminous coal will be extended to rural areas.

Local Authority Charges.

Jack Wall

Question:

328 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the plans he has to address the concerns of a submission (details supplied); the proposals he has to meet with the group and county managers to discuss the variances or increases involved; and if he will make a statement on the matter. [26963/05]

As the Deputy is aware, the level of local government charges is determined by individual councils. Local variations in expenditure, income and rates of charges in respect of various services are therefore an inherent feature of the local government system. Charges take account of local circumstances and priorities and represent decisions of democratically elected local bodies.

It is also right that local charges should be applied responsibly and in association with measures to increase the efficiency of local authority's operations and protect local competitiveness. My Department's advice to local authorities is informed by the above principles as, for example, in its recent advice to local authorities to adopt a reasonable and proportionate approach in the context of the new system of development levies.

House Prices.

Billy Timmins

Question:

329 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the average price of a house in Dublin and outside of Dublin in 1997 and in June 2005. [26964/05]

My Department does not have comprehensive data on average house prices in all locations. However, information on the average house prices in five specified areas, namely Cork, Dublin, Galway, Limerick, Waterford, together with an average price for all other locations is published on a quarterly and annual basis in the Department's housing statistics bulletin, copies of which are available in the Oireachtas Library, and on the Department's website at www.environ.ie.

Based on these data, estimated prices for Dublin and outside Dublin in 1997 and June 2005 are as follows:

Dublin

Outside Dublin

Average price 1997

New houses

122,036

95,554

Second hand houses

131,258

86,506

Average price June 2005

New houses

346,683

254,333

Second hand houses

440,529

271,262

Local Authority Funding.

Jack Wall

Question:

330 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the funding provided by his Department in each of the past three years to all local authorities for the provision of refuge facilities for women and families who suffer from violence in the home; and if he will make a statement on the matter. [27038/05]

The Department of Justice, Equality and Law Reform, through its role as chair of the national steering committee on violence against women, has overall responsibility for issues relating to violence against women.

With regard to accommodation, capital funding is available through my Department's capital assistance scheme to voluntary housing bodies providing accommodation to meet special housing needs, including accommodation for victims of domestic violence. A separate figure is not available for expenditure on accommodation for victims of domestic violence. My Department recoups to the local authorities 90% of their current expenditure on accommodation related costs arising in respect of homeless persons including, where appropriate, victims of domestic violence. The remaining 10% is provided from the revenue resources of the local authorities. Decisions on funding for accommodation of victims of domestic violence, including refuges and transitional accommodation, are matters for the local authority in whose area the accommodation is situated. Associated care costs are the responsibility of the Department of Health and Children.

Following are details of the recoupment by my Department to local authorities for the past three years in respect of their current expenditure on accommodation related costs for homeless victims of domestic violence.

2002

2003

2004

€1,146,672

€1,748,189

€1,698,047

Water and Sewerage Schemes.

Jack Wall

Question:

331 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the consideration given by his Department to increase grants for group scheme waste water treatment plants or installations; and if he will make a statement on the matter. [27039/05]

Last June, I approved tender recommendations for the provision of new waste water collection and treatment systems at seven locations in County Tipperary selected by the National Rural Water Monitoring Committee, as a pilot programme, to test a range of new, small-scale waste water collection and treatment systems under Irish conditions. The programme will also test a low cost and low maintenance system to collect, treat and dispose of effluent from existing septic tanks. The objective of the pilot programme is to evaluate new approaches to meeting the waste water collection and treatment needs of rural villages and to examine the potential role for group sewerage schemes in extending the collection systems to households outside the catchment of the new or existing sewerage schemes. The outcome of the pilot programme will inform any review of the level of group sewerage scheme grants.

Jack Wall

Question:

332 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the cost of the provision of the new waste water treatment installation for Castledermot, County Kildare, phase one and phase two and the archeological check and the new installation; the capacity of the new plant and the completion date; and if he will make a statement on the matter. [27040/05]

Jack Wall

Question:

333 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the results of the archeological investigation in relation to the new Castledermot, County Kildare waste water treatment installation; his views on whether it was significant in relation to the history of the historical town or if there have been any finds of significance; and if he will make a statement on the matter. [27041/05]

I propose to take Questions Nos. 332 and 333 together.

The Castledermot sewerage scheme was approved for construction under the 2004-06 water services investment programme of the Department of the Environment, Heritage and Local Government, at an estimated cost of is €7.4 million. The first phase of the scheme, the construction of a waste water treatment plant to serve a population equivalent of 2,400, has been completed at a cost €3.8 million. I approved Kildare County Council's recommendation for the acceptance of a tender of €1.3 million for the sewers and pumping stations in April 2005. I understand that the works are in progress with a view to substantial completion by the end of November 2005. The cost of the archaeological survey was €1.4 million and the findings may appropriately be sought from the local authority.

Fire Stations.

Liam Aylward

Question:

334 Mr. Aylward asked the Minister for the Environment, Heritage and Local Government if he will approve tender documents with his Department for a fire station in County Kilkenny (details supplied). [27042/05]

Tender proposals for the construction of a new fire station at Freshford, County Kilkenny, are under examination in the Department of the Environment, Heritage and Local Government and a decision will issue shortly.

Liam Aylward

Question:

335 Mr. Aylward asked the Minister for the Environment, Heritage and Local Government if he will approve tender documents with his Department for a fire engine for Kilkenny fire station. [27043/05]

The Department of the Environment, Heritage and Local Government has asked Kilkenny County Council for additional information on its tender proposal for the purchase of a new fire appliance. A decision will be made on the proposal on receipt of that information.

Election Management System.

Tony Gregory

Question:

336 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government the expenditure to date on the electronic voting system, machines, maintenance, storage and so on. [27045/05]

The total cost to date of the development of the electronic voting and counting system is €51.065 million. Information provided by returning officers to the Department of the Environment, Heritage and Local Government indicates that the total annual storage cost for the electronic voting machines and ancillary equipment is some €695,000. No maintenance costs have been incurred to date. As the Deputy is aware, I have asked officials in the Department to examine the question of central storage for the voting machines.

Local Authority Staff.

Michael Ring

Question:

337 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the number of veterinarians employed by each local authority for each of the past five years; and the job specification of a veterinarian within a local authority. [27046/05]

Details of the number of full-time and part-time veterinarians employed by each local authority at 31 December in each of the past five years have been provided by local authorities and are set out in the following table. The terms and conditions of the employment of veterinarians are matters for the Minister for Agriculture and Food.

Local Authority Veterinarians 2000-2004

2000

2001

2002

2003

2004

County Councils

Carlow

2

2

2

2

2

Cavan

1

5

5

5

5

Clare

1

0

3

3

3

Cork

4

20

20

16

16

Donegal

0

0

8

9

9

Dún Laoghaire-Rathdown

0

1

1

1

1

Fingal

0

0

0

0

0

Galway

8

12

10

9

9

Kerry

9

9

9

7

8

Kildare

7

4

1

5

5

Kilkenny

7

4

2

4

4

Laois

3

4

4

4

4

Leitrim

3

3

2

1

0

Limerick

9

9

9

8

8

Longford

3

7

7

7

7

Louth

1

4

3

2

2

Mayo

13

8

2

1

1

Meath

4

0

1

1

1

Monaghan

3

3

1

3

3

Offaly

9

6

6

5

4

Roscommon

2

3

2

2

5

Sligo

3

3

4

3

2

South Dublin

2

2

2

2

2

Tipperary North

0

0

1

0

0

Tipperary South

1

5

3

3

3

Waterford

1

6

5

5

5

Westmeath

2

2

2

1

0

Wexford

0

13

12

12

1

Wicklow

8

7

8

8

8

City Councils

Cork

1

1

2

4

3

Dublin

2

4

3

0

1

Galway

0

0

0

1

1

Limerick

1

0

1

1

1

Waterford

1

1

1

1

1

Waste Management.

Olivia Mitchell

Question:

338 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government if he will introduce legislation to ensure that persons, including those in apartments who have a shared bin collection, can as individuals participate in the polluter pays principle. [27076/05]

I refer to the reply to Questions Nos. 1370 to 1374, inclusive, and 1379 of 28 September 2005.

Local Authority Housing.

Ned O'Keeffe

Question:

339 Mr. N. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the outcome of the examination by his Department to resolve the issue of the first charge on properties in relation to the local authorities operation of the sale of serviced site scheme, in view of the number of persons still finding themselves in difficulty with this issue when seeking a mortgage. [27112/05]

The Department of the Environment, Heritage and Local Government's examination of the issue is continuing with a view to clarifying the position for local authorities as soon as possible.

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