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Dáil Éireann debate -
Thursday, 27 Oct 2005

Vol. 608 No. 5

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 10, inclusive, answered orally.

Social Welfare Benefits.

Olivia Mitchell

Question:

11 Ms O. Mitchell asked the Minister for Social and Family Affairs the number of persons who have been availing of the rent supplement for 18 months or more; and if he will make a statement on the matter. [30862/05]

Gay Mitchell

Question:

29 Mr. G. Mitchell asked the Minister for Social and Family Affairs the progress which has been made on the long-term initiative for rent supplement tenants as announced on 4 July 2004; and if he will make a statement on the matter. [30861/05]

Olivia Mitchell

Question:

53 Ms O. Mitchell asked the Minister for Social and Family Affairs the number of persons receiving the rent supplement for 18 months or more who have been passed on to a local authority for a housing assessment; and if he will make a statement on the matter. [30863/05]

Gerard Murphy

Question:

63 Mr. G. Murphy asked the Minister for Social and Family Affairs the number of persons who were in receipt of the rent supplement for 18 months or more and who were passed on to the local authority for a housing assessment who have had their housing needs met. [30864/05]

Brendan Howlin

Question:

68 Mr. Howlin asked the Minister for Social and Family Affairs the measures he will introduce to alleviate hardship caused to those persons who are ineligible for the new rental accommodation scheme after 18 months on rent supplement; and if he will make a statement on the matter. [30940/05]

I propose to take Questions Nos. 11, 29, 53, 63 and 68 together.

Under the supplementary welfare allowance scheme administered on my behalf by the community welfare division of the Health Service Executive, a weekly or monthly rent or mortgage interest supplement is available to assist eligible people who are unable to meet their immediate accommodation needs through their own resources.

In recent years, a significant number of people have come to rely on rent supplements for extended periods. In response to this situation, the Government introduced a new initiative in July 2004 aimed at meeting the longer-term housing needs of these people.

These new rental assistance arrangements give local authorities responsibility for meeting long-term housing assistance needs, including the needs of those people on rent supplements for 18 months or longer. Local authorities will meet the housing needs of these individuals through a range of approaches including the traditional range of social housing options, the voluntary housing sector and, in particular, a new public-private partnership type rental accommodation scheme. Some €19 million has been transferred from my Department's Vote to that of the Department of the Environment, Heritage and Local Government this year to help finance this initiative and similar arrangements will apply in successive years as the new arrangements develop.

The new arrangements are being implemented currently in 11 local authority areas. These are the lead authority areas of Dublin, Galway and Limerick City Councils and South Dublin County Council which encompass the most extensive urban areas in the State. Drogheda Town Council, Donegal County Council and counties Offaly and Westmeath are also participating in the first phase. In addition, Cork City and County Councils and South Tipperary County Council are also now implementing the arrangements. These new arrangements will be initiated in all local authority areas by the end of 2005.

The Department of the Environment, Heritage and Local Government has appointed programme managers to assist the lead authorities with the implementation of the new arrangements. These managers are also available to support other authorities over the implementation period. Implementation groups are in place in the lead authority areas to ensure effective ongoing liaison and co-operation locally between housing authorities, Health Service Executive area managements and other agencies.

The aim of the new system is to minimise ongoing dependence on rent supplement by progressing to a situation where local authority accommodation is available for all of those with a long term housing need. The plan is that this situation will be achieved within a period of three years from commencement of the new arrangements in each local authority, and in any event no later than September 2008. The rent supplement scheme will continue to provide support to those who have a short-term housing need.

In October 2005, there are 59,141 households in receipt of assistance under the rent supplement scheme. Over half of these, almost 33,000 tenants, have been on the scheme for 18 months or more. My Department and the Health Service Executive are actively assisting the local authorities and the Department of the Environment, Heritage and Local Government in implementing the new arrangements.

For example, that Department has been supplied with detailed information in relation to the 33,000 people who have been on rent supplement for 18 months or more. My Department has also provided these details to each of the local authority appointed programme managers. The Department of Environment, Heritage and Local Government has indicated that 31 tenants had transferred to the rental accommodation scheme by September of this year.

The scheme involves structured arrangements to secure long-term availability of privately rented accommodation, particularly accommodation currently occupied by tenants in receipt of rent supplement under the supplementary welfare allowance scheme, and to encourage the supply of additional accommodation.

Implementation of the new arrangements are being closely monitored by both Departments on an ongoing basis. Progress reports are to be submitted to Government at intervals during the implementation phase. The first such report was made in June 2005. An independent initial evaluation of the implementation process will also be undertaken. This evaluation will consider any further measures required to ensure that local authorities are making sufficient progress on the action plan. A further independent post-implementation review will be carried out in October 2008 to evaluate the effectiveness of the action plan in achieving its objectives and to make recommendations to secure these objectives into the future.

When fully operational, the rental accommodation scheme will cater for people with a longer-term accommodation need that they are unable to meet from their own resources. Everyone in this category will be eligible for some form of assistance from their local authority under the scheme, whether that is contracted rental accommodation, voluntary housing or a local authority house. Local authorities are in the process of negotiating with landlords to form a stock of contracted accommodation, as well as negotiating with the existing landlords of tenants on rent supplement.

In this interim phase while they are doing so, it is possible that local authorities may not be able to provide a suitable accommodation arrangement in particular cases, either through lack of immediate availability, or due to some problem with the person's existing accommodation. It is expected that local authorities will deal with any such situation, and provide a suitable solution under the scheme. If they cannot do so immediately for some reason, there is no question of the persons concerned being left without housing support, as rent supplement will continued to be provided by my Department in their existing accommodation on a pro tem basis until the situation is resolved.

The new rental assistance arrangements represent a major step forward in supporting people with longer-term housing needs. There will undoubtedly be problems in developing a comprehensive range of options under the scheme to match demand. Nonetheless, I am satisfied that all of the relevant agencies are co-operating actively to make the system work successfully.

Ciarán Cuffe

Question:

12 Mr. Cuffe asked the Minister for Social and Family Affairs if he will increase the fuel allowance for social welfare recipients in view of rising fuel costs; and if such an increase will become effective before the announcement of budget 2006 in December 2005. [30970/05]

John Deasy

Question:

22 Mr. Deasy asked the Minister for Social and Family Affairs his plans to extend the period for which the free fuel scheme operates; and if he will make a statement on the matter. [30843/05]

Eamon Ryan

Question:

79 Mr. Eamon Ryan asked the Minister for Social and Family Affairs his plans to protect the most vulnerable in society from recent and impending sustained energy price increases; if he has made representations to other Departments on the matter; and if he will make a statement on the matter. [30978/05]

Willie Penrose

Question:

86 Mr. Penrose asked the Minister for Social and Family Affairs if his attention has been drawn to the severe hardship facing many persons on low incomes due to the massive increase in fuel costs, over the past 12 months; if, in view of the fact that the fuel allowance has not been increased since 2002 and remains at just €9 per week, he will agree to a substantial increase in the allowance before winter sets in; and if he will make a statement on the matter. [30941/05]

I propose to take Questions Nos. 12, 22, 79 and 86 together.

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 the cost of their additional heating needs during the winter season. Fuel allowances are paid currently for 29 weeks from end-September to mid-April each year. Some 274,000 households benefit under the scheme at a cost of €85.4 million in 2005. An allowance of €9 per week is paid to eligible households during this 29-week winter heating period. An additional €3.90 per week is paid to about 123,000 clients living in the designated urban smokeless fuel zones, bringing the amount payable in those areas to €12.90 per week.

In addition to fuel allowance, over 300,000 pensioner 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. As structured, these allowances are linked to unit energy consumption, so that these people are protected against unit price increases in electricity or gas.

It is worth noting that according to my Department's computer records, there is a total of 140,000 people in receipt of both the fuel allowance and the household benefits package. There is also a facility available through the supplementary welfare allowance scheme to assist people in certain circumstances who have special heating needs. An application for a heating supplement may be made by contacting a community welfare officer at any local health centre.

Fuel allowances are a supplementary entitlement payable for part of the year, over the winter heating season. The Government has concentrated budget resources on providing significant real increases each year in all primary social welfare pension, benefit and assistance rates. This is a more costly approach than increasing fuel allowances but it delivers a better outcome for pensioners and others by substantially increasing their income in real terms over the whole year, to better assist them in meeting their normal basic living costs.

Increases in the rate or duration of the fuel allowance would have significant cost implications. For example, increasing the duration of the fuel allowance by one week would cost just under €3 million per annum. Increasing the fuel allowance by €1 per week would cost €8 million per annum. Given these significant potential extra scheme costs involved, any increases in fuel allowance rates or scheme duration would be matters to be considered in the context of the budget, and in the light of my plans for increases in social welfare rates generally. I am keeping the fuel allowance scheme under close review and I will consult as necessary with my cabinet colleagues in this regard.

Question No. 13 answered with QuestionNo. 6.

Pension Provisions.

Kathleen Lynch

Question:

14 Ms Lynch asked the Minister for Social and Family Affairs the steps he will take to address continuing concerns regarding the reported large-scale abuse of the construction industry pension scheme; and if he will make a statement on the matter. [30949/05]

The Construction Federation operatives pensions scheme operates as a registered employment agreement under the Industrial Relations Acts. There is a statutory obligation on employers to register eligible employees in the scheme and to pay the necessary contributions.

Compliance with the terms of the scheme is enforced through the Construction Industry Monitoring Agency, the Labour Court and the Department of Enterprise Trade and Employment. The Pensions Board also has a role in relation to the scheme in so far as compliance with the various aspects of the Pensions Act are concerned. However, the main difficulties with the scheme relate to failure to register employees and-or to deduct contributions to the scheme and these issues are a matter for the Construction Industry Monitoring Agency, the Labour Court and the Department of Enterprise Trade and Employment.

The Pensions Board has a very limited role in ensuring compliance with the scheme in question. However, because of ongoing controversy in relation to the scheme and compliance with its terms, the board recently facilitated a report on the scheme in conjunction with the Department of Enterprise Trade and Employment.

The report was undertaken by Mercer and it found that 80% of the estimated 80,000 eligible employees in the industry are covered by the scheme. However, the report does highlight the fact that an estimated 70,000 operatives are classed as self-employed and are therefore not eligible to join the scheme.

Mercer has made a range of recommendations designed to improve compliance with the scheme involving my Department, the Department of Enterprise, Trade and Employment, the Department of Finance and the Revenue Commissioners and copies of the report have been provided to the relevant Ministers.

In relation to my own Department, Mercer has suggested that the scheme should be operated through the PRSI system. Obviously, such a development could have serious implications for the Department and these are at present being assessed. Apart from the issue of resources, a key question in relation to the recommendation is the extent to which the Department can, or should, involve itself in what is a private pension scheme.

In addition, following a meeting I had with trade unions representing construction workers, I wrote to the Minister for Finance requesting that the companies awarded public sector contracts should be fully compliant as regards the requirements under the Construction Federation operatives pensions scheme.

Family Support Services.

Thomas P. Broughan

Question:

15 Mr. Broughan asked the Minister for Social and Family Affairs if a new child income support measure for children in low-income families, both in and out of work will be introduced; and if he will make a statement on the matter. [30935/05]

Phil Hogan

Question:

17 Mr. Hogan asked the Minister for Social and Family Affairs if he will introduce a second tier support payment for children in unemployed or low-wage households; if so, the progress which has been made to date in 2005; and if he will make a statement on the matter. [30853/05]

Aengus Ó Snodaigh

Question:

37 Aengus Ó Snodaigh asked the Minister for Social and Family Affairs if the one-off payment for the transition to secondary school will be introduced for all those on low-income family support or in receipt of social welfare payments. [31002/05]

Bernard Allen

Question:

50 Mr. Allen asked the Minister for Social and Family Affairs if he has received the report from the NESC on the possibility of introducing a second-tier payment for low income families and children; and if he will make a statement on the matter. [30830/05]

Richard Bruton

Question:

54 Mr. Bruton asked the Minister for Social and Family Affairs his plans to introduce a payment targeted at children living in poverty; and if he will make a statement on the matter. [30834/05]

I propose to take Questions Nos. 15, 17, 27, 50 and 54 together.

My Department provides child income support in a number of ways. The principal support is child benefit, a universal payment which is neutral vis-à-vis the employment status of the child’s parents and does not contribute to poverty traps. Over the period since 1997, the monthly rates of child benefit have increased by €103.51 at the lower rate and €127.78 at the higher rate, increases of 272% and 258%, respectively.

Child benefit rates now stand at €141.60 per month for each of the first two children and €177.30 per month for the third and each subsequent child. Child benefit is paid to over 530,000 families is respect of over 1,020,000 children. A second child income support is the child dependant allowance, paid in addition to weekly social welfare payments in respect of over 257,000 children at full rate and over 85,000 at half rate.

Since 1994, successive Governments have held the rate of child dependant allowances constant while concentrating resources for child income support on the child benefit scheme. It is important to recognise that over that period, the combined weekly value of child benefit and child dependant allowance has increased by more than double the rate of inflation.

In addition, my Department provides cash support by way of weekly payments to families at work on low pay, through the family income supplement scheme. A number of improvements have been made to the scheme over the years, including assessment of entitlement on the basis of net rather than gross income and progressive increases in the income thresholds, making it easier for lower income households to qualify for payment. As a result, there are currently over 15,800 families receiving a weekly FIS payment, reaching nearly 31,186 children. This is the highest number of FIS recipients in the history of the scheme.

The back to school clothing and footwear allowance scheme operates from the beginning of June to the end of September each year and is administered on behalf of my Department by the Health Service Executive. This payment is made in respect of a child if the parent is in receipt of a social welfare or health board payment, is participating in an approved employment scheme or attending a recognised education or training course and has household income at or below certain set levels. Under the scheme an allowance is payable in respect of qualified children aged from two years to 22 years.

In 2004, over 70,500 applications were approved under the scheme, benefiting some 153,400 children at a cost of €17 million. This year it is expected that the scheme will cost €18 million and that a similar number of children will benefit.

While this range of income and other supports has made very significant contributions to families with children, a key issue arises as to whether this level of resources is best used to address poverty among those families. While the solutions to this problem cover a wide range of measures including income supports and services, I am committed to reviewing the role of child income supports in this regard. The social partnership agreement, Sustaining Progress, also recognised the importance of targeting child income support at low-income families with a commitment to examine the effectiveness of current arrangements.

The National Economic and Social Council was asked to undertake an examination of the possible merging of family income supplement and child dependant allowance into a second tier child income support. Such a payment would be aimed specifically at targeting child poverty by channelling resources to low-income families without creating significant disincentives to employment. The NESC is currently considering its draft report and I look forward to receiving a finalised report shortly.

I have committed myself to finding solutions by making sensible decisions that have at their core increased support for those who feel most vulnerable, neglected or apprehensive in our society, while at the same time working to bring about reforms that go behind the payments and aggressively strike at the very heart of the social issues that give rise to the need for welfare supports in the first place.

In this context I look forward to receiving the NESC report, which will be of significant assistance in informing the future direction of child income support policy.

Departmental Schemes.

Brian O'Shea

Question:

16 Mr. O’Shea asked the Minister for Social and Family Affairs his proposals to change homemakers disregards to homemakers credits. [30777/05]

Brian O'Shea

Question:

35 Mr. O’Shea asked the Minister for Social and Family Affairs his proposals to make homemakers disregards retrospective for all women who engaged in unpaid care work from 1953. [30778/05]

I propose to take Questions Nos. 16 and 35 together.

The homemaker's scheme which was introduced in 1994 is intended to mitigate the effect of periods spent on caring duties when a person's insurance record is being averaged for pension purposes. The scheme allows up to 20 years spent on caring duties to be disregarded when a person's insurance record is being averaged to assess entitlement for contributory pension purposes. For any year to be disregarded a homemaker must be out of the workforce for a complete year — 52 weeks — from 6 April 1994. Provision is also made for the award of credited contributions in the year in which a person commences or ceases to be a homemaker.

However, it must be borne in mind that the scheme will not of itself qualify a person for a pension. The standard qualifying conditions for pensions, which require a person to enter insurance ten years before pension age, pay a minimum of 260 contributions at the correct rate and achieve a yearly average of at least ten contributions on their record from the time they enter insurance until they reach pension age must also be satisfied.

The proposals to change the operative date of the homemaker's scheme and to replace the disregard system with one based on actual credited contributions are contained in the review of the qualifying conditions for old age contributory and retirement pensions. In relation to the question of changing the disregard system to one based on credits, this is at present under active consideration by my Department.

In general, changes to insurability of employment etc. are not backdated and the same principle was applied to the homemaker's scheme in 1994. The question of backdating the homemaker's scheme to 1953 when the unified system of social insurance came into operation gives rise to difficult and complex issues, not least of which is the position of other groups excluded from social insurance cover over the years and who do not qualify for contributory pensions.

Apart from that, there would be very practical difficulties in certifying periods of caring and very significant costs involved. In relation to the latter, a significant part of any cost will involve improved payments to those who may already be receiving reduced rate pensions.

The Government is anxious to ensure that as many people as possible can qualify for pensions in their own right. A number of measures have been introduced over the years which make it easier for people to qualify for pensions. These include the reduction in the yearly average number of contributions required for pension purposes from 20 to ten and the special half rate pension based on pre-53 insurance contributions.

Pro rata pensions are also available to allow people with mixed rate insurance records to receive a payment and this is of benefit to people who may have worked in both the public and private sectors. This set of measures is of particular benefit to women who may have less than complete social insurance records due to working in the home. It is estimated that approximately 87% of women aged 65 years of age are at present receiving social welfare support, either in their own right or as qualified adults on the pension of their spouse or partner.

I am examining aspects of the social welfare pension system. This includes the relationship between contributory and non-contributory schemes and the operation of means testing in the context of old age non-contributory pension. The needs of people who are outside the social welfare pensions system, including those excluded by virtue of time spent on caring duties, may be best addressed in the context of that review.

Question No. 17 answered with QuestionNo. 15.

Social Welfare Benefits.

Olwyn Enright

Question:

18 Ms Enright asked the Minister for Social and Family Affairs his plans to allow pensioners to earn extra cash while retaining full pension rights; when he will introduce this change; and if he will make a statement on the matter. [30849/05]

As the Deputy will be aware, there are three social welfare schemes providing pensions for older people — old age contributory pension, retirement pension and old age non-contributory pension. In the case of the first two, these are contributory schemes payable at 66 and 65, respectively. People who receive old age contributory pension can work without restriction while those applying for retirement pension at age 65 must be retired from employment or self-employment. Retirement is defined as not having earnings from employment of more than €38 per week or earnings from self-employment of more than €3,174 per annum.

However, given the improvements in life expectancy which have occurred in recent decades and the demographic changes our society will face in the years ahead, it is important that we should encourage and facilitate people who wish to extend their working lives to remain active. In the circumstances, the Government is committed, as part of the programme for Government, to removing the requirement to retire at 65 in order to receive a retirement pension. The old age non-contributory pension is different in nature to the contributory schemes.

In common with other social assistance schemes the old age non-contributory pension features a means test which is intended to ensure that available resources are targeted at those who are most in need. The means test is continually kept under review and in June this year a change in the assessment of capital was introduced which allows for capital of €20,000 to be disregarded when eligibility for old age pensions is being assessed. This figure is doubled in the case of pensioner couples.

However, at present people on non-contributory pensions can only earn up to €7.60 per week without payment of their pension being affected. It is important that we also provide incentives and choices within the non-contributory scheme for older people to remain active in the workforce, if that is their wish.

The very limited disregard which is available on earnings may act as a disincentive to people to continue working and, accordingly, I am at present examining the situation. Possible changes will be considered in a budgetary context, and in the overall context of social policy reforms.

Jack Wall

Question:

19 Mr. Wall asked the Minister for Social and Family Affairs if he will increase the earnings disregard of the one parent family payment to a lower limit of €190 per week, with an upper cut-off point of €325; and if he will make a statement on the matter. [30934/05]

The one parent family payment is designed to provide income support to parents with insufficient means who are parenting alone. This can arise as a result of being widowed, or following separation or divorce, or being unmarried.

One of the objectives of the one parent family payment is to encourage lone parents to consider employment as an alternative to welfare dependency, while at the same time supporting them where they choose to care for their children in the home.

The main element of this policy is an earnings disregard of €146.50 per week. Earnings above this limit are assessed at 50%, up to a maximum of €293 per week. There are also transitional arrangements in place whereby a lone parent who exceeds the earnings threshold may retain 50% of his or her payment for a further six months. Any changes to the disregard or the upper limit would fall to be considered in a budgetary context and also in the context of broader social policy reforms in this area. Lone parents who exceed the upper income limit applying under the one parent family payment may be eligible for the family income supplement. The family income supplement, by providing cash support for employees with families on low earnings, preserves the incentive to remain in employment in circumstances where the employee might only be marginally better off than if he or she were claiming other social welfare payments.

It is generally accepted that for people in working age households, the main route out of poverty is employment. The OECD, in a recent report on an international comparative study on reconciling work and family life, found that employment participation among lone parents in this country is among the lowest in the OECD. This is despite the huge employment growth and increasing female participation in the workforce in recent years and the income disregards afforded to lone parents under the one parent family payment who take up employment.

One of the key tasks in the Ending Child Poverty initiative under Sustaining Progress is to address obstacles to employment for lone parents. The senior officials group on social inclusion was mandated late last year to examine this issue and report back to the Cabinet Committee on Social Inclusion with specific proposals.

A subgroup of the senior officials group has been examining obstacles to employment for lone parent families, with particular emphasis on income supports, employment, education, child care and support programmes and information.

We must also look closely at income supports and at how we can adjust those supports to better address the social problems that can arise for those who receive these payments. In this regard, my Department has established a working group to review the income support arrangements for lone parents. Issues being addressed include the contingency basis of the one parent family payment, cohabitation, maintenance and secondary benefits. A consultation process with social partners and other interested parties was also undertaken to inform the work of the group. The findings of this group are feeding into the work of the senior officials subgroup.

The Cabinet Committee on Social Inclusion has been updated on the progress of both working groups. I will bring the final reports to Cabinet shortly. It is intended that the outcome of these reviews will contribute to the designs of proposals aimed at better supporting and encouraging lone parents to achieve a better standard of living, employment and education opportunities, and a better future for themselves and their children. These will be the main criteria against which recommendations in the reports will be judged. I am committed to reforms that will improve the quality of life for lone parents and their children by offering them respect and support while avoiding poverty traps.

Pension Provisions.

Jan O'Sullivan

Question:

20 Ms O’Sullivan asked the Minister for Social and Family Affairs if his attention has been drawn to the annual report of the Pensions Board for 2004 which found that four out of ten defined benefit pension schemes failed to meet their statutory funding requirements; the steps he will take to address this situation in view of the threat to workers pensions; and if he will make a statement on the matter. [30953/05]

The Pensions Act requires the trustees of funded defined benefit, DB, schemes to certify on a regular basis that the scheme meets the statutory funding standard. From 23 September 2005, these certificates must be submitted every three years. The annual report of the Pensions Board shows that of the 596 schemes which submitted funding certificates in 2004, 240 — or 40% — of them failed to meet the funding standard. Where a scheme does not meet the funding standard, a funding proposal, designed to restore the scheme to full funding, must be submitted to the Pensions Board. The annual report also shows that, by the end of 2004, 189 of these schemes had submitted recovery plans to the Pensions Board designed to ensure a structured return to full funding over specific periods.

The funding standard, which applies to funded defined benefit, DB, occupational pension schemes, is a wind-up standard. It is designed to ensure that, if a funded DB scheme winds up, there are sufficient assets to meet the liabilities at that point in time. In the event of a scheme being unable to meet this standard it must prepare a recovery plan designed to ensure a return to full funding within three years.

This standard has been in place for almost 15 years and, up to about 2000, few schemes had any real difficulty in meeting the standard. However, since then a number of factors, in particular economic and financial developments, have had an adverse impact on scheme funding.

In 2003, my predecessor, Deputy Coughlan, introduced short-term measures designed to alleviate the funding crisis in pension schemes caused by the investment losses that many schemes suffered at that time. These measures provided that, where the funding difficulties were due to investment losses, the recovery plan could be effected over a longer period of up to ten years or, in exceptional circumstances, longer. These recovery plans must be agreed by the Pensions Board.

In order to develop a longer-term response to these and other issues, the Pensions Board carried out a review of the funding standard, which was submitted to me in December 2004. That review recommended retention of the short term provisions introduced in 2003, which it found were largely successful in assisting schemes to overcome their funding difficulties.

The review further found that the liability side of pension funds is also under pressure through, amongst other things, improved longevity and lower interest rates. To deal with this, the review recommended that an extension to the period allowed for recovery plans should also be granted in relation to difficulties on the liability side. Provision for these changes was made in the Social Welfare and Pensions Act 2004 and the details of the additional reliefs granted were contained in regulations which I signed into law with effect from 23 September this year.

In reviewing the funding standard, the Pensions Board was anxious to ensure that a reasonable balance was struck between the protection of the interests of scheme members and the interests of employers who sponsor and contribute to schemes. At the end of the day, our overall objective must be to encourage continued pension provision through defined benefit schemes. The measures which I introduced this year achieve that balance. I will, however, keep this situation under review in consultation with the Pensions Board.

Irish Language.

Michael Ring

Question:

21 Mr. Ring asked the Minister for Social and Family Affairs the cost of implementing the Official Languages Act 2003 to his Department to date; the cost of implementing said Act; the progress that has been made to date in 2005 in implementing the Act; and if he will make a statement on the matter. [30875/05]

It has always been an objective of my Department to provide quality customer service in Irish. Since 2000 this approach has been augmented by the inclusion of a specific commitment to service in Irish in the existing principles of quality customer service which are in operation Civil Service-wide. To meet these objectives, the Department has implemented a number of initiatives including specialised training of staff, translation of forms and information leaflets on an incremental basis and bilingual signage.

The Official Languages Act impacts on my Department in three ways. Some elements of the Act are already in force and have direct application. These include responding to correspondence in the language in which it is written and publishing certain documents in both official languages simultaneously. There will be a range of commitments under the statutory scheme required under section 11 of the Act. At present, my Department's scheme is under consideration by the Minister for Community, Rural and Gaeltacht Affairs. The details of certain other commitments under the Act will be contained in regulations which have not yet been introduced.

As my Department has always endeavoured to provide a quality customer service in Irish, it is not possible to separate out the cost of the Act from the cost of providing services generally in Irish. However, the costs of providing some elements of Irish service can be readily identified, as follows: specialised staff training for the years 2003, 2004 and 2005 to date cost €123,345. It is estimated that a further €81,500 will be spent by the end of 2005.

In the same period, translation of forms, leaflets and other documents cost €124,247. The forms and leaflets are now available on the website of my Department while many internal documents are available electronically to all staff. It must also be acknowledged that an element of staff costs arises each year when staff who are proficient in Irish translate material as required.

The cost of advertising in Irish since 2003 amounts to €35,431. This includes the cost of placing a notice in the press in November 2004 notifying the public of the Department's intention to prepare a draft scheme and invite representations from interested parties, as required under the Act.

The provision of bilingual signage in public areas cost €103,932 over this period. In the absence of an agreed scheme and of the regulations to be introduced under the Act, it is not possible to state what the cost of implementing the Act will be. When these two requirements of the Act are introduced, the level of Irish service to customers will accelerate and consequently the costs will increase. This increased cost will be part of the delivery of public service to which all citizens are entitled.

The purpose of the Act is to achieve incremental improvements in Irish service provision across Departments and a range of other service providers. We would, therefore, expect that the services provided would grow and evolve over time. Consequently, it is difficult to say what these services would cost.

Question No. 22 answered with QuestionNo. 12.
Question No. 23 answered with QuestionNo. 6.

Social Inclusion.

Thomas P. Broughan

Question:

24 Mr. Broughan asked the Minister for Social and Family Affairs if his attention has been drawn to the recent ESRI report, Trends in Welfare for Vulnerable Groups, 1994-2001, which found a widening gap between rich and poor; the steps he will take to ensure that this gap is closed; and if he will make a statement on the matter. [30943/05]

I welcome the ESRI report, Trends in Welfare for Vulnerable Groups, 1994-2001, which will be a useful addition to the research on poverty levels for vulnerable groups. The report provides an insight into the situation of these groups in terms of their risk of experiencing poverty and social exclusion.

Although this report refers to the period from 1994 to 2001, a combination of economic growth and active labour market policies has led to Ireland maintaining its strong employment performance in the years since then. The overall employment rate increased from 65.7% at the end of 2003 to 66.7% at the end of 2004. The overall labour force participation rate was 61% at the end of 2004.

It is important to recognise that these polices have seen a significant reduction in the actual number of persons whom the ESRI categorise as being in the economically vulnerable class, that is, persons experiencing relative income poverty, basic deprivation and economic strain. In 1994 about three in ten persons were in this category. By 2001, the ESRI states this had fallen to just one in nine.

Since 2001, active labour market policies have continued, as has the policy of increasing social welfare payments well above the rate of inflation. One of the consequences of the rapid economic growth experienced in Ireland has been significant increases in net household incomes from employment and profits. There have also been substantial increases in real terms in social welfare payments, but these have not been at the same pace as the increases in incomes generally. The recent UN Human Development Report showed, however, that when measured using the anchored poverty line approach, which adjusts poverty lines each year according to changes in consumer prices, the level of poverty actually fell in Ireland by 55.9% between 1994 and 2000. The policies that produced this outcome have continued to apply since 2000.

The causes of poverty are many. Working to eradicate it requires action across a range of different policy areas. The Government strategy includes actions in relation to employment, social welfare, education, health, housing, equality and so on. The strategic approach in the national action plan against poverty and social exclusion, NAP/inclusion, means that these actions are being co-ordinated in an integrated joined-up way by the office for social inclusion, which is located in my Department. It also means that through this process the experience and best practice of the other 24 EU countries can be readily availed of in developing and implementing effective policies to combat poverty and in evaluating their implementation.

The higher than average risk of poverty for certain vulnerable groups, such as those identified in the ESRI report, means that targeted efforts are required for persons in these groups. This is why the NAP/inclusion specifically contains targets and commitment for these, and other, vulnerable groups, designed to alleviate the cumulative factors which result in their higher than average risk of poverty rates. A key set of factors in this regard are the barriers to employment in relation, for example, to lack of education and training, to lack child care and other services that can prevent people getting well paid jobs — the best route out of poverty. The upcoming consultation process for the next NAP/inclusion, to be produced in late 2006, will include a renewed focus on vulnerable groups, with a view to identifying policies, such as those for removing barriers to employment, to improve their situation.

Departmental Schemes.

Seán Ryan

Question:

25 Mr. S. Ryan asked the Minister for Social and Family Affairs the progress to date in 2005 regarding the logistics of allowing Irish senior citizens in Britain to have access to free travel when they return on visits here; if he is close to finalising details for such a proposal; the timeframe for its introduction; and if he will make a statement on the matter. [30957/05]

Seymour Crawford

Question:

45 Mr. Crawford asked the Minister for Social and Family Affairs if he has considered allowing older persons in rural areas where public transport is not available to use private taxi or hackney services as part of the free travel scheme; and if he will make a statement on the matter. [30841/05]

Jerry Cowley

Question:

60 Dr. Cowley asked the Minister for Social and Family Affairs if free travel will be extended to older Irish emigrants at the very least to Irish pensioners living in the UK when they return here on their holidays; and if he will make a statement on the matter. [30775/05]

Bernard J. Durkan

Question:

217 Mr. Durkan asked the Minister for Social and Family Affairs the number of recipients of free travel allowance; his plans to extend the scheme; and if he will make a statement on the matter. [31259/05]

Bernard J. Durkan

Question:

221 Mr. Durkan asked the Minister for Social and Family Affairs his plans to extend the free travel scheme to areas which lack public transport; and if he will make a statement on the matter. [31263/05]

I propose to take Questions Nos. 25, 45, 60, 217 and 221 together.

The free travel scheme is available to all people living in the State aged 66 years, or over. It is also available to carers and to people with disabilities who are in receipt of certain social welfare payments. It applies to travel within the State and cross border journeys between here and Northern Ireland.

The scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as services provided by over 80 private transport operators. The vast majority of private contractors providing services under the scheme operate in rural areas. The underlying feature of the scheme is the use of spare capacity on these transport services.

I am always willing to consider applications from licensed private transport operators who may wish to participate in the free travel scheme. However, while my Department pays transport providers to operate the free travel scheme, it is not in a position to provide transport services where none exist.

Various alternatives to the existing system, including the use of vouchers, have been examined. A study published in 2000 under the Department's programme of expenditure reviews concluded that a voucher type system, which would be open to a wide range of transport providers including taxis and hackneys, would be extremely difficult to administer, open to abuse and unlikely to be sufficient to afford an acceptable amount of travel. This position remains unchanged.

The issue of access to public transport in rural areas is being addressed at present through the rural transport initiative, which is being managed by Area Development Management on behalf of my colleague, the Minister for Transport. My Department contributed €500,000 to the initiative in 2004 and is contributing €575,000 for the initiative for 2005. This will ensure that free travel pass holders continue to have full access to community based transport services.

There have been a number of requests and inquiries in relation to the extension of entitlement to free travel to Irish born people living outside Ireland, particularly in the UK. This issue has now been examined in considerate detail. The legal advice available to me is that such a proposal would be contrary to the EC Treaty, which prohibits discrimination on the grounds of nationality. While taking this advice on board, I intend to continue to examine any options that remain available.

Significant improvements have been made to the free schemes, including the free travel scheme, in recent budgets both in terms of the qualifying conditions and the coverage of the schemes. I will continue to review the operation of these schemes with a view to identifying the scope for further improvements as resources permit.

Social Welfare Benefits.

Pat Rabbitte

Question:

26 Mr. Rabbitte asked the Minister for Social and Family Affairs if his attention has been drawn to the hardship caused by his decision to withdraw the €9 per week fuel allowance that was previously paid to pensioners living in sheltered housing in inner city Dublin; the reason the decision was made; the total saving that will accrue to his Department as a result; if he will review the decision in view of the relatively small amounts involved and the potential hardship for those who will lose out; and if he will make a statement on the matter. [30956/05]

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 with the cost of their additional heating needs during the winter season. Fuel allowances are paid for 29 weeks from end-September to mid-April. Some 274,000 customers — 151,000 with basic fuel allowance and 123,000 with smokeless fuel supplement — benefit under the scheme at a cost of €85.4 million in 2005.

Under the scheme a fuel allowance of €9 per week is paid to eligible households during this 29-week winter heating period, with an additional €3.90 per week being paid in the designated urban smokeless fuel zones, bringing the total amount in those areas to €12.90 per week. In the course of a routine review of fuel allowance payments, it came to light that payments had been made in error to certain recipients who were in, or had moved to, local authority accommodation with subsidised or low-cost heating. The allowances in question, which should not have been put in payment in the first place, were withdrawn in these cases with effect from the start of this winter heating season. The allowance was not included in their new pension books or in EFT payments. My Department is not seeking repayment of the overpayment of the allowance which arose as a result of the error.

The main purpose of the review was to ensure that the allowance eligibility rules were being applied correctly and consistently. It is estimated that scheme expenditure savings resulting from this review are of the order of €90,000 in a full year.

As a long-standing policy within the scheme, fuel allowances are not payable in situations where a person has access to their own fuel supply or is benefiting from a subsidised or low-cost heating service, such as those provided by Dublin City Council at a number of its housing complexes.

The basis for this condition of the scheme is that the contribution that local authority tenants in communal heating situations make towards their heating costs is limited to a fixed and relatively small amount, typically around €6 per week, included as part of their overall rent charge. Unlike other tenants and social welfare clients generally, who must buy their own fuel at prevailing retail cost, these tenants are protected from increases in heating costs, the true cost of which is subsidised significantly by Dublin City Council and the other local authorities concerned.

It would be inequitable to retain the allowance in the case of the people concerned in this particular review when neighbouring tenants in very similar circumstances are not eligible and are managing their budgets accordingly. The fact is that these people either were awarded in error initially, or retained a previous legitimate allowance entitlement inadvertently when they moved to accommodation subsequently with subsidised heating.

More generally, I am keeping fuel allowances under review. However, any change to the scheme would have very significant cost implications and would have to be considered in the context of the budget, and in the light of the resources available to me for improvements in social welfare generally.

Seymour Crawford

Question:

27 Mr. Crawford asked the Minister for Social and Family Affairs his views on the fact that the lowest social welfare rate for a single person is €148.80 per week which falls €50.63 short of the estimated poverty line of €199.43 per week; and if he will make a statement on the matter. [30840/05]

Following the social welfare increases awarded in last year's budget, the lowest rate of social welfare payment currently stands at €148.80 per week. Government policy as regards social welfare rates is guided by the commitment in the revised national anti-poverty strategy to increase the lowest social welfare rates to €150 per week — in 2002 terms — by 2007 and to set the appropriate equivalence level of child income support, child benefit and child dependant allowances combined, at 33 to 35% of the adult rates. We remain on target to achieve this objective.

The question refers to a poverty line of €199.43 per week for a single person. This figure has been estimated by the CORI justice commission as being the equivalent of the 60% median poverty line for a single person in 2005. It is based on data gathered by the EU SILC survey for 2003 updated to 2005 levels, using estimated increases in average industrial earnings. This is the so-called at risk of poverty indicator which is one of a range of measures used by the EU to measure poverty and social exclusion.

The relative income measure is essentially about inequality of incomes. It identifies those with an income below 60% of the median income for society as a whole, who as a result may be at risk of poverty. The poverty measure which underpins the revised NAPS is the consistent poverty measure which identifies those who are both at risk of poverty and who are also deprived of certain items, which Irish people consider are necessary to ensure a basic standard of living. I am committed to reforms that will improve the quality of life for all persons relying on social welfare payments.

Eamon Gilmore

Question:

28 Mr. Gilmore asked the Minister for Social and Family Affairs the communications he has received from the European Commission regarding the Governments implementation of the two year habitual residence requirement in relation to qualification for social welfare benefits; the response he has made to the Commission; if he will introduce changes to the requirement; and if he will make a statement on the matter. [30946/05]

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the new EU member states without the limitations being imposed at that time by many of the other member states.

The effect of the condition is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland, regardless of citizenship, nationality, immigration status or any other factor. The EU Commission wrote to the Government on 22 December 2004 raising a number of issues concerning its compliance with EU law in relation to workers and their families.

Officials from this Department and the Attorney General's office met Commission officials on 15 May last to discuss the issues raised and explained that the operation of the new condition was fully in line with the criteria set out in European Court of Justice case law. These are: the length and continuity of residence in a particular country; the length and purpose of absence from Ireland; the nature and pattern of the employment; the applicant's main centre of interest; the future intention of applicant concerned as it appears from all the circumstances.

In addition, full consideration is given in the decision making process to the requirements of EU legislation regarding free movement of workers. Rules which apply to migrant workers, that is, persons who have taken up employment in Ireland following their arrival here, are strictly observed.

A formal response by the EU Commission to the points made is still awaited. It is expected that the Commission's examination of the matter will be concluded to the satisfaction of both parties by the end of this year.

There are no plans to remove the habitual residence condition at this time. The operation of the habitual residence condition has been monitored constantly by my Department since its introduction. A comprehensive review of the operation of the condition is currently being carried out by my officials.

Account is being taken of the views received from various groups and organisations who have an interest in the area. If, following the review, I consider that it is necessary to make changes I will bring forward proposals to Cabinet. I expect the review to be completed by the end of the year.

Question No. 29 answered with QuestionNo. 11.

Money Advice and Budgeting Service.

Fergus O'Dowd

Question:

30 Mr. O’Dowd asked the Minister for Social and Family Affairs the amount of debt that clients of the MABS are in; their average earnings per annum; and if he will make a statement on the matter. [30871/05]

The Money Advice and Budgeting Service is provided by 52 MABS companies operating out of 65 centres throughout the country. At present, there are 150 money advisers and 78 administrative staff working in the MABS. A total of €13.62 million has been allocated to the service in 2005, which is an increase of €2.2 million over the 2004 allocations.

During the 12 month period up to December 2004, the Money Advice and Budgeting Service dealt with approximately 16,000 new clients. It deals with approximately 13,600 clients on an ongoing basis. An average of 1,700 persons per month visit the MABS website at www.mabs.ie.

A detailed breakdown of the current amount of debt and average earnings sought by the Deputy is not available. However, these matters were examined in 2000. At that time income levels of MABS clients were generally low. Approximately one third of clients had an income of less than £5,000 and a further 50% had incomes between £5,000 and £12,000. Some 71 % of clients were in receipt of some sort of social welfare.

At that time MABS clients owed over £20 million in total debt to various creditors. Approximately £7 million or one third of total debt was in arrears. The main organisations that arrears were owed to were financial institutions — 44% of arrears and 40% of clients — local authorities — 9% of arrears and 31% of clients — utilities — 6% of arrears and up to 41% of clients depending on the utility involved — and moneylenders — 3% of arrears and 10% of clients.

The majority of clients had at least two debts in arrears. Nearly one quarter had six or more debts in arrears. One third of clients had total arrears of under £200; one third had arrears ranging between £200 and £999 while the remaining third had arrears in excess of £1,000.

The MABS has just developed a new software application Money Advice and Budgeting Service integrated system, MABSIS, which will enable a fully automated payment system to be put in place on a national basis. This software application will have a database that facilitates the entry and management of a range of data relevant to the work of MABS. Reports will be produced to facilitate the efficient management of each MABS office and for policy purposes.

Social Welfare Benefits.

Bernard J. Durkan

Question:

31 Mr. Durkan asked the Minister for Social and Family Affairs if he will increase child benefit and change to weekly rather than monthly payments; and if he will make a statement on the matter. [30966/05]

Richard Bruton

Question:

65 Mr. Bruton asked the Minister for Social and Family Affairs if he has considered or will consider index-linking child benefit payments; and if he will make a statement on the matter. [30835/05]

Bernard J. Durkan

Question:

220 Mr. Durkan asked the Minister for Social and Family Affairs if substantial child benefit increases will be provided in the context of the estimates for his Department and budget 2006; and if he will make a statement on the matter. [31262/05]

I propose to take Questions Nos. 31, 65 and 220 together.

Child benefit is the principal means of providing support to families with children in Ireland. It is neutral vis-à-vis the employment status of the child’s parents and maximises choice for parents. Child benefit is paid monthly in advance to over 530,000 families is respect of over 1,020,000 children.

Child benefit rates now stand at €141.60 per month for each of the first two children and to €177.30 per month for the third and each subsequent child. Over the period since 1997, monthly rates of child benefit have increased by €103.51 at the lower rate and €127.78 at the higher rate, increases of 272% and 258%, respectively. In the same period the consumer price index has increased by 31%. Therefore this Government has delivered increases in child benefit well in excess of that which price indexation would provide.

At present there are no plans to move child benefit to a weekly payment. It should be noted that child benefit is paid in advance and if payments were made on a weekly basis the recipient would receive most payments at a later date than is now the case. A move to weekly payments would also have significant administrative implications, including additional costs. Any child benefit rate increase would have to be considered in a budgetary context and in the light of competing priorities, and of broader social policy reforms.

Tom Hayes

Question:

32 Mr. Hayes asked the Minister for Social and Family Affairs his views on the statement by the Carer’s Association that some children are leaving school semi-literate and without the same social skills as their peers due to the fact that they are minding elderly, disabled or addicted parents; and if he will make a statement on the matter. [30850/05]

Enda Kenny

Question:

34 Mr. Kenny asked the Minister for Social and Family Affairs if he has intentions to change the dual eligibility rule for persons in receipt of the carers allowance; and if he will make a statement on the matter. [30857/05]

Emmet Stagg

Question:

49 Mr. Stagg asked the Minister for Social and Family Affairs if he has received a copy of the Carer’s Association national policy document, Towards a Family Carer’s Strategy; his views on its main findings; if he will draw on this document when formulating a national strategy for carers; and if he will make a statement on the matter. [30932/05]

Bernard J. Durkan

Question:

51 Mr. Durkan asked the Minister for Social and Family Affairs his views on extending the carer’s allowance to a greater number of carer’s thereby saving the State considerably in financial terms; and if he will make a statement on the matter. [30967/05]

Joe Sherlock

Question:

91 Mr. Sherlock asked the Minister for Social and Family Affairs if he will develop, finance, and put in place a national strategy for carers, and give full recognition to their role as an integral part of the health services; if adequate supports for the 150,000 family carers here will be provided; and if he will make a statement on the matter. [30930/05]

Róisín Shortall

Question:

97 Ms Shortall asked the Minister for Social and Family Affairs the steps he has taken or plans to take to implement the recommendations contained in the report of the Joint Committee on Social and Family Affairs, the Position of Full Time Carers; and if he will make a statement on the matter. [30931/05]

Bernard J. Durkan

Question:

219 Mr. Durkan asked the Minister for Social and Family Affairs the number of carers currently in receipt of a payment and the extent to which he will increase the number of recipients; and if he will make a statement on the matter. [31261/05]

I propose to take Questions Nos. 32, 34, 49, 51, 91, 97 and 219 together.

According to census 2002, there are 48,500 people providing personal care for over four hours per day. Almost 25,450 of these are in receipt of either carer's allowance or carer's benefit. This means that over 52% of the 48,500 carers, as estimated by the CSO to be caring for more than four hours per day, are in receipt of a specific carer's payment from my Department.

Supporting carers in our society has been a priority of the Government since 1997. Over that period, weekly payment rates to carers have been greatly increased, qualifying conditions for carer's allowance have been significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit and the respite care grant have been introduced.

The report of the joint Oireachtas committee, which I examined when it was published last year, makes a range of recommendations, many of which relate to my Department and a number of which concern the Department of Health and Children. In response to the committee, which stated that the greatest need identified by family carers is the need for a break from caring, I made provision in budget 2005 to improve and extend the respite care grant in the following ways.

From June this year, in accordance with the Government's commitment in our programme for Government to introduce significant increases in the value of the respite care grant, I increased the amount of the grant from €835 to €1,000 annually. Provision was made for the extension of the respite care grant to all carers who are providing full time care to a person who needs such care regardless of their means. This means that the respite care grant is now paid to persons providing full-time care but who are on another social welfare payment, excluding unemployment assistance and benefit. It is also paid to carers who do not currently receive a weekly social welfare payment from my Department. The grant continues to be paid automatically to those who are in receipt of carer's payments. My third improvement to the respite care grant was to pay a grant in respect of each person receiving care. This means that a carer who is providing care for more than two people receives a grant in respect of each person for whom she-he is caring. Previously a maximum of two grants was paid. I have done this to recognise the particular challenges, which are faced by carers who are caring for several people.

To date, over 30,000 respite care grants have been paid by my Department and applications for the grant continue to be received in my Department. Another of the committee's recommendations which relates to my Department is to pay 505 of the carer's allowance to recipients of widows and widowers pensions who are providing care for an older person or a person with a disability. The Deputy will be aware that the primary objective of the social welfare system is to provide income support and, as a general rule, only one weekly social welfare payment is payable to an individual so as to ensure that resources are not used to make two income support payments to any one person. However, in light of the representations made to me and my own commitment to the cause of carers I intend to keep this issue under regular review.

With regard to the Carer's Association's, Towards a Family Carer's Strategy, I had the pleasure last May of launching this document. The strategy is a focused document with very clear objectives and actions. These objectives and actions cover a range of areas and Departments, including income support and health related issues. I was particularly interested in the views expressed in the strategy in relation to encouraging carers to participate in the labour force. As I have previously mentioned in the House, my officials have been examining proposals regarding care sharing. I am delighted to be in a position to inform the Deputies that care-sharing situations can now be accommodated on the carer's allowance scheme.

This measure allows two carers who are providing full-time care on a part-time basis in an established pattern to share the carer's allowance income support payment and the annual respite care grant. Both carers will receive the household benefits package of free schemes.

My Department can also accommodate the carer who is providing care on a part-time basis, say on alternate weeks and where the care recipient attends a residential institution every other week. All of the usual qualifying conditions for carer's allowance will apply to carers availing of these arrangements. This increased flexibility in the carer's allowance scheme will allow carers to combine the provision of care to a person who requires full-time care and attention and participation in the labour force.

The Carer's Association, in its strategy, also calls for special help, advice and support for young carers who are caring for a parent and in particular, it is seeking essential supports to ensure that young carers remain at school. I was most concerned to learn that some school-going children may be in this position and I accept that this is an issue which needs to be examined. However, as the Deputies are aware, my Department's role in the area of care is the payment of weekly income support payments to full-time carers. My colleagues in the Department of Health and Children may be better placed to address the issues relating to such carers.

I have mentioned in the House before that a long-term care working group, chaired by the Department of the Taoiseach and comprising senior officials from the Departments of Finance, Health and Children and Social and Family Affairs is due to report to the Tánaiste and to me shortly. The objective of this group is to identify the policy options for a financially sustainable system of long-term care, taking account of the Mercer report, the views of the consultation that was undertaken on that report and the review of the nursing home subvention scheme by Eamon O'Shea. The issues raised in the Carer's Association's strategy will also be included in the group's deliberations.

I am always prepared to consider changes to existing arrangements where these are for the benefit of recipients and financially sustainable within the resources available to me. Those recommendations involving additional expenditure will be considered in a budgetary context. I will continue to review the issues raised by the Carer's Association, the joint Oireachtas committee and other bodies representing carers.

Poverty Reduction.

Phil Hogan

Question:

33 Mr. Hogan asked the Minister for Social and Family Affairs the progress to date in 2005 on the eradication of consistent poverty; and if he will make a statement on the matter. [30852/05]

Eamon Ryan

Question:

77 Mr. Eamon Ryan asked the Minister for Social and Family Affairs his views on whether relative income poverty measures are useful for identifying those of the population who are at risk of poverty and who are in poverty; and if he will make a statement on the matter. [30979/05]

Pádraic McCormack

Question:

94 Mr. McCormack asked the Minister for Social and Family Affairs the progress to date in 2005 on the eradication of consistent poverty as promised in 2001; and if he will make a statement on the matter. [30859/05]

I propose to take Questions Nos. 33, 77 and 94 together.

The most recent statistics on poverty levels in Ireland are derived from the 2003 EU survey on income and living conditions, EU-SILC, released earlier this year by the Central Statistics Office, CSO. This survey replaces the living in Ireland survey, LIIS, which was conducted by the Economic and Social Research Institute, ESRI, until 2001 and which provided data on consistent and relative poverty up to that year.

The consistent poverty measure is used in this country to identify those experiencing basic deprivation. This is calculated by identifying from among those at risk of poverty, that is, with incomes below the 60% median income threshold, EU threshold, those who are also deprived of basic goods and services regarded as essential for living in Ireland today. The number of households experiencing consistent poverty, based on results of the LIIS, fell continuously from 15.1% in 1994 to 5.2% in 2001. The 2003 results from the EU-SILC indicated that the rate of consistent poverty was 10.2%. However, both the CSO and the ESRI have made it clear that methodological differences between the two surveys mean that the figures for 2001 and 2003 are not comparable and that it is therefore not possible to conclude from them whether the level of consistent poverty changed over the period.

The Cabinet Committee on Social Inclusion, prior to the issue of the EU-SILC results, approved a review of the method of poverty measurement in Ireland. This work is being progressed as part of the NAPS data strategy and co-ordinated by the office for social inclusion located in my Department. A consultative seminar on the issue recently took place involving all the key stakeholders. The aim is to have a revised approach ready for consideration in the context of the preparation of the next national action plan due in September 2006.

Despite the latest EU-SILC results, there is certainly no reason to believe that there has been a worsening in poverty levels in recent years. The UN Human Development report for 2005 in a section entitled, Two tales of Irish poverty, applied the anchored poverty line approach to measuring poverty trends in Ireland between 1994 and 2000. This approach involves maintaining the initial year poverty line, in this case for 1994, and adjusting it for each subsequent year according to changes in consumer prices. Using this method, the report showed that the level of poverty in Ireland in 2000 had fallen by 55.9% compared with the actual level in 1994.

A similar trend is likely to have continued since 2000. Between 2001 and 2005 spending on social welfare payments has increased from €7.8 billion to €12.25 billion. During the same period the lowest social welfare rates have increased by 40% while the consumer price index has increased by just over 13%. As a result of budget 2005, welfare payments have increased by four times the expected rate of inflation.

The relative income poverty indicator measures all those — households or people — whose income fall below the relative income threshold of 60% of median income, EU, and of 50% of median income, UN. The threshold used reflects the growth in overall incomes each year. In the EU, those with incomes below the 60% median income threshold are deemed to be at risk of poverty.

The EU-SILC survey found that 22.7% of persons were at risk of poverty in 2003, which represents a slight increase on the 2001 figure of 21.9%. The United Nations Human Development, UNDP, report in applying this indicator, but with the threshold at 50% of median income, found that over the period 1994 to 2000 relative poverty had increased by 11.3%, compared with a reduction of 55.9% using the other anchored poverty line indicator based on price increases.

As the UNDP report concludes, there are two tales of Irish poverty in recent years. One tale shows that there has been a steady and substantial improvement in basic living standards across the board. This is clearly evident from the consistent poverty and anchored poverty line indicators which show a substantial reduction in basic deprivation on the one hand, and significant improvements in real basic incomes on the other.

The second tale is that the rapid economic growth has resulted in major improvements in incomes generally, particularly from more and better jobs being taken by a more educated and skilled workforce, and from increasing female participation in the workforce, resulting in a significant rise in two income households. This has led to average incomes overall increasing at a much faster rate than the substantial rise in average social welfare payments. Accordingly, for that reason while everyone is substantially better off, the income gap has widened.

What is not in question from the various survey results are the groups who are identified as being most at risk. These include families with children, mainly lone parents, or larger families, those who are unemployed or with disabilities, and older people, especially those living alone. EU-SILC confirms the findings of earlier analyses in this regard and provides information on the most vulnerable groups in society towards whom policy should be focused.

A core strategic approach to tackling poverty under the national action plans against poverty and social exclusion involves facilitating the ongoing development of integrated, social policies with key active dimensions. This approach is designed to ensure in the first instance that the process of reducing and eventually eliminating basic poverty and deprivation continues. However, the most common risk factor for poverty is joblessness, which makes it very difficult for people and households get an adequate share in our growing prosperity. The strategic approach, therefore, is also designed to further develop and provide active supports such as education, training, employment, child and elder support services, health and housing that will steadily and progressively enable more people to obtain good quality jobs in our growing economy, greater autonomy and self-sufficiency.

Question No. 34 answered with QuestionNo. 32.
Question No. 35 answered with QuestionNo. 16.

Social Welfare Benefits.

Eamon Gilmore

Question:

36 Mr. Gilmore asked the Minister for Social and Family Affairs the reason his Department insists that the carer’s allowance received by carer’s be included as means for assessment of eligibility for secondary benefits such as back to school clothing and footwear allowance; the steps he will take to ensure this is excluded in order that persons who would otherwise qualify would receive their just entitlements; and if he will make a statement on the matter. [30938/05]

The back to school clothing and footwear allowance scheme operates from the beginning of June to the end of September each year. The scheme is administered on my behalf by the community welfare division of the Health Service Executive. A person may qualify for payment of a back to school clothing and footwear allowance if he or she is in receipt of a social welfare or health service executive scheme payment, is participating in an approved employment scheme or attending a recognised education or training course, and has household income at or below set levels.

Under the scheme an allowance of €80 is payable in respect of qualified children aged from two to 11 years and an allowance of €150 is payable in respect of qualified children aged from 12 to 22 years. The upper income limit this year for eligibility for a back to school clothing and footwear allowance, BSCFA, for a couple with one child is €368.10 per week. The upper income limit for a lone parent with one child is €250.90 per week. These limits ensure a household where the total income derives from carer's allowance will qualify for back to school clothing and footwear allowance. The household income limits under the scheme are indexed each year in line with the contributory old age pension rate in the case of couples, or widow's or widower's contributory pension in the case of lone parent applicants. Applicants are eligible for BSCFA if their household income is not more that €50 above the relevant reference pension rates. Under the scheme, household income is assessed generally in accordance with standard supplementary welfare allowance means test rules. There are a number of special exceptions in place to disregard income from family income supplement, higher education grants, and the first €120 a week of earnings of a rehabilitative nature. There are also special arrangements in place to allow retention of the allowance when people take up back-to-work or back-to-education opportunities.

Income from carer's allowance is taken into account as means for clothing and footwear allowance scheme purposes. If the household in question has additional income from other sources, such as employment, then it may not qualify for back to school clothing and footwear allowance on means grounds. However, I am keeping the qualifying conditions for the scheme under review and the particular issue of carer's allowance raised by the Deputy will be considered in that context. Changes in the scheme's eligibility conditions, in addition to the normal indexation of income limits, must be considered in the context of the budget and in the light of increases I intend to provide in social welfare rates generally.

Question No. 37 answered with QuestionNo. 15.

Social Welfare Code.

Pat Breen

Question:

38 Mr. P. Breen asked the Minister for Social and Family Affairs his plans to reassess the system by which the one-parent family payment is awarded; his views on whether the payment encourages women to raise children on their own; and if he will make a statement on the matter. [30832/05]

Paul Kehoe

Question:

64 Mr. Kehoe asked the Minister for Social and Family Affairs his proposals to change the lone parent allowance; and if he will make a statement on the matter. [30854/05]

Gay Mitchell

Question:

66 Mr. G. Mitchell asked the Minister for Social and Family Affairs the measures he will introduce to reverse the situation where certain welfare payments prevent the parents of children from living together; and if he will make a statement on the matter. [30860/05]

Pat Breen

Question:

74 Mr. P. Breen asked the Minister for Social and Family Affairs his views on whether the system by which the one-parent family payment operates encourages discrimination against fathers; and if he will make a statement on the matter. [30833/05]

Willie Penrose

Question:

81 Mr. Penrose asked the Minister for Social and Family Affairs his proposals for the reform of the one-parent family payment system, with a view to making it easier for lone parents to enter or re-enter the workforce; if he will bring forward formal proposals in this regard; and if he will make a statement on the matter. [30942/05]

Arthur Morgan

Question:

83 Mr. Morgan asked the Minister for Social and Family Affairs if his attention has been drawn to the fact that 33% of single parent families live in consistent poverty; and his plans regarding same. [30999/05]

I propose to take Questions Nos. 38, 64, 66, 74, 81 and 83 together.

The one-parent family payment is designed to provide income support to parents with insufficient means who are parenting alone. This can arise as a result of being widowed, or following separation or divorce, or being unmarried. The findings of the recent EU survey on income and living conditions, EU SILC, bear out the findings of previous surveys and of experience in other developed countries that poverty rates tend to be higher among larger families and one-parent families. This is mainly due both to the direct costs of rearing children, including child care cost, and the opportunity costs related to the reduced earning capacity of parents, arising from their care responsibilities. This applies particularly to lone parent families, as the lone parent has to be the main breadwinner and carer at the same time.

The EU SILC figures show that 42.3% of households made up of one adult with children are at risk of poverty, which can be defined as the proportion of the population below an income threshold of 60% of median income. This compares with 22.7% of the population as a whole and 15.3% of two adults with between one and three children in the household. The percentage of lone parent households in consistent poverty was 32.6% compared to 9.4% of total households and 6.5% of two adults and between one and three children households. It is generally accepted that for people in working age households, the main route out of poverty is employment. The OECD, in a recent report on an international comparative study on reconciling work and family life, found that employment participation among lone parents in this country is among the lowest in the OECD. This is despite huge employment growth and increasing female participation in the workforce in recent years and the income disregards afforded to lone parents under the one parent family payment who take up employment.

Entitlement to payments under the current scheme is also contingent on not cohabiting with another adult either in marriage or outside marriage. Reluctance to forego the income security provided by the one-parent family payment may, however, act as a disincentive to a partnership and ultimately marriage for recipients. In addition, recognition of the mother as primary caregiver has meant that where the parents are separated, the mother usually retains custody of the children and, if there is eligibility, full entitlement to the one parent family payment. The scheme, as it operates, therefore, may not sufficiently facilitate or promote joint parenting and to that extent may not be sufficiently father friendly.

One of the key tasks in the ending child poverty initiative under Sustaining Progress is to address obstacles to employment for lone parents. The senior officials group on social inclusion was mandated late last year to examine this issue and report back to the Cabinet Sub-committee on Social Inclusion with specific proposals. A subgroup of the senior officials group has been examining obstacles to employment for lone parent families, with particular emphasis on income supports, employment, education, child care and support programmes and information.

We must also income supports closely and how we can adjust those supports to better address the social problems that can arise for those who receive these payments. In this regard, my Department has established a working group to review the income support arrangements for lone parents. Issues being addressed include the contingency basis of the one parent family payment, cohabitation, maintenance and secondary benefits. A consultation process with social partners and other interested parties was also undertaken to inform the work of the group. The findings of this group feed into the work of the senior officials subgroup. The Cabinet Sub-committee on Social Inclusion has been updated on the progress of both working groups. I will bring the final reports to Cabinet shortly with a view to publication in the near future. It is intended that the outcome of these reviews will contribute to the development of proposals designed to better support and encourage lone parents in achieving a better standard of living, employment and education opportunities and a better future for themselves and their children. These will be the main criteria against which recommendations in the reports will be judged. I am committed to reforms that will improve the quality of life for lone parents and their children by offering them respect and support while avoiding poverty traps.

John Deasy

Question:

39 Mr. Deasy asked the Minister for Social and Family Affairs his progress in allowing mobile phones to be included in the telephone allowance of the free scheme; and if he will make a statement on the matter. [30842/05]

The household benefits package, which comprises the electricity-gas allowance, telephone allowance and free lifetime television licence is available to people living permanently in the State who must satisfy certain qualifying conditions. As of 30 September 2005, there were 308,923 customers in receipt of the telephone allowance from my Department. The primary objective of the telephone allowance scheme is to ensure access to help in an emergency and to provide an element of security. A secondary objective is to encourage social contact and to assist in the prevention of social isolation for those living alone.

I am committed to the development of the telephone allowance scheme to respond to the expanding telecommunications market and to facilitate greater customer choice of telephone services. The administrative and technical arrangements for payment of the household benefits were originally designed for a relationship with a single provider per utility market and are not sustainable in a deregulated energy market environment with multiple service providers. Specifically, with regard to the telephone allowance, an interim process has been employed to allow the participation of other land line telecommunications suppliers but this is only sustainable for the present in view of the small number of customers — approximately 10,000 — availing of the telephone allowance from suppliers other than Eircom. This interim process is administratively complex and is not favoured by the industry or the regulator. When considering the extension of this scheme to cover mobile phones, there are similar administrative and technical issues to be resolved both internally within the department and externally in the market.

My Department is examining the position regarding the opening up of the telecommunications market, including mobile phone services and the impact this will have on the telephone allowance. I am keen to ensure our customers will be able to avail of the choices being presented by the opening up of the market. However, my Department must comply with the requirements of the relevant Commissioners for Communications and Energy Regulation with regard to customer choice and market competition. In identifying a solution to the current issues, the Department is carrying out a fundamental review of the operational arrangements with the various service providers. Consultation with the regulators, interest groups and other relevant bodies forms part of the review process. It is expected this process will be completed later this year and I will then make decisions on the most appropriate method of adapting the household benefits package to respond to market changes, including extending the telephone allowance scheme to include an option for mobile telephones.

Paul Nicholas Gogarty

Question:

40 Mr. Gogarty asked the Minister for Social and Family Affairs his plans to undertake information campaigns regarding specific entitlements to services or payments administered or partly administered by his Department; and if he will make a statement on the matter. [30973/05]

My Department has a comprehensive information policy which is designed to ensure that all citizens are made aware of their entitlements in a timely fashion. It also ensures customers are kept informed of changes and improvements in schemes and services as they occur. From time to time my Department undertakes specific information campaigns on the introduction of new schemes, changes in entitlements and improvements in services. To date in 2005, three such information campaigns have been undertaken. These were as follows: respite care grant scheme — a national and provincial newspaper campaign to advertise improvements to the scheme so that more carers could qualify for the grant; capital assessments — a national newspaper campaign to advise people about the improvements in the way capital is assessed for means tested payments; and options and opportunities for lone parents — the publication and distribution of a magazine advising lone parents about the supports available to them. The magazine was sent to more than 86,000 customers in receipt of the one-parent family payment. In addition, my Department plans to run an information campaign later this year to promote the role of the social welfare local offices as a key information contact point in disseminating information on social welfare entitlements across all age groups.

My Department takes a proactive approach in advertising new schemes and services, together with changes and improvements to existing schemes and services by using an appropriate mix of national and provincial media, and through information leaflets, fact sheets, posters and direct mail shots. In the interests of ensuring the information campaigns run by my Department, and the agencies attached to it, are structured and targeted in a way that reaches the maximum number of customers, I have established a communications liaison group in the Department. I have requested this group to monitor ongoing campaigns and to come forward with proposals and suggestions on how the dissemination of information to customers can be further enhanced. All schemes and services are publicised on the website at www.welfare.ie. Selective use is made of freefone telephone services to provide information on new schemes and services and at particular times of the year, such as budget time.

My Department produces a comprehensive range of information booklets explaining entitlements to specific social welfare payments. These are widely available from the network of 130 social welfare local offices and branch offices throughout the country as well as from citizens' information centres and many local organisations. Information is also available from information officers located in social welfare local offices. In addition, information officers give talks to many groups and organisations and participate in exhibitions and seminars about social welfare matters. My Department works closely with voluntary and community organisations involved in an information giving role. A number of such organisations receive funding on an annual basis towards the cost of providing welfare rights and information services for their target groups.

Comhairle, the national information agency, comes under the aegis of my Department. It has responsibility for supporting the provision of independent information, advice and other supports to the public, including those with disabilities. Comhairle supports a network of 85 citizens' information centres whose role is to provide information to members of the public on all social services.

Tom Hayes

Question:

41 Mr. Hayes asked the Minister for Social and Family Affairs the progress to date in 2005 on the introduction of a personal pension entitlement for pensioner spouses in receipt of the qualified adult allowance to be set at the level of a full non-contributory pension, as promised in the programme for Government; and if he will make a statement on the matter. [30851/05]

The Government is anxious to ensure that as many people as possible can qualify for contributory pensions in their own right and in this regard a number of measures have been introduced over the years which make it easier for people to qualify for pensions. These include the reduction in the yearly average number of contributions required for pension purposes from 20 to ten and the special half rate pension based on pre-53 insurance contributions. Pro rata pensions are also available to allow people with mixed rate insurance records to receive a payment and this is of benefit to people who may have worked in both the public and private sectors. Despite these improvements, some people cannot qualify for a pension in their own right. For this reason, the Government is committed in the programme for Government to increasing the payment for qualified adults aged 66 or over to the same level as the personal rate of the old age non-contributory pension and to facilitate the direct payment of the allowance to spouses and partners. A number of special increases have been given over several budgets in pursuit of this target, totalling €56.47 per week since April 2000. Further increases will be considered in the context of the forthcoming budget. Since October 2002, in accordance with the conclusions of a PPF working group on administrative individualisation, new pension claimants can opt to have the qualified adult allowance paid directly to their spouse or partner. This system has had only limited success in delivering personal payments to qualified adults and I am examining the administrative and legislative implications of making changes to the system to ensure that more qualified adults can receive a direct payment.

Departmental Schemes.

Mary Upton

Question:

42 Dr. Upton asked the Minister for Social and Family Affairs the position regarding the introduction of an all-Ireland free travel scheme; the discussions he has had on this issue; the reason for the delay in its implementation; and if he will make a statement on the matter. [30933/05]

The programme for Government contains a commitment to a scheme of all-Ireland free travel for pensioners resident in all parts of the island. The scheme would enable pensioners resident in Ireland to travel free of charge on all bus and rail services in Northern Ireland. Likewise, pensioners in Northern Ireland would travel free of charge on all bus and rail services in this State. In July 1995, my Department introduced the cross-Border free travel scheme. This scheme extended free travel entitlement so that free travel pass holders resident in Ireland could undertake a cross-Border journey from a point of departure in one jurisdiction to a destination in the other jurisdiction free of charge. My Department covers the full cost of cross-Border journeys made by Department of Social and Family Affairs pass holders it also covers the cost of the southern element of cross-Border journeys undertaken by Northern Ireland pass holders.

Under its own concessionary fares scheme, the Department for Regional Development for Northern Ireland covers the cost of the northern element of cross-Border bus and rail journeys made by Northern Ireland pass holders. A total of 220,000 free cross-Border journeys are undertaken each year at a total cost of €2.9 million; my Department pays €2.5 million and the remaining €400,000 is covered by the Department for Regional Development for Northern Ireland. The introduction of an all-Ireland free travel scheme would further extend the existing arrangements so that all free travel pass holders resident on the island of Ireland may undertake travel free of charge in all parts of the island. The cost of an all-Ireland free travel scheme will ultimately depend upon the extent to which pass holders avail of the scheme. My predecessor initiated discussions with the then Minister of State at the Department of Regional Development in Northern Ireland in September 2004. Most recently, the proposed scheme was discussed at the British-Irish Inter-governmental Conference on 27 June 2005 and I met Mr. Shaun Woodward, Parliamentary Under Secretary of State at the Northern Ireland Office the following week during which we discussed the introduction of a scheme.

Officials from my Department have regular meetings with their counterparts in the Department for Regional Development for Northern Ireland concerning the operation of the existing cross-Border free travel scheme. Discussions on the introduction of the proposed all-Ireland free travel scheme have also taken place. Since I met with Shaun Woodward, discussions between officials from both sides have intensified and two meetings specifically related to the introduction of the proposed scheme have taken place — one in Dublin on 10 August and one in Belfast on 9 September last. Issues to be resolved involve policy, operational, financial and technical matters including the compatibility between the travel passes used in both jurisdictions, resourcing of the scheme and the options for joint funding. My Department will continue to progress these matters with officials from the Department for Regional Development for Northern Ireland, and other relevant parties.

Financial Services Regulation.

Michael Noonan

Question:

43 Mr. Noonan asked the Minister for Social and Family Affairs the efforts he has made to tackle the financial exclusion from access to financial services for persons on social welfare or on low incomes; and if he will make a statement on the matter. [30868/05]

My Department has overall responsibility for the Money Advice and Budgeting Service, MABS, which provides assistance to people experiencing difficulty in meeting repayments on borrowings. It is now a countrywide service provided by 52 locally based companies limited by guarantee with a budget of €13.62 million. The MABS programme provides money advice, including the publication of information on money management and debt counselling, to individuals and families who have problems with debt, particularly indebtedness to moneylenders, and who are on low incomes or in receipt of social welfare payment. The MABS places an emphasis on practical budget based measures that will succeed in moving people permanently from dependence on moneylenders and other sources of high interest credit. One of the objectives of the MABS is to identify sources of financial services and credit at normal interest rates which can best meet the needs of the target group and facilitate them to access these sources.

Earlier this year, I held a series of meetings with the Irish Bankers' Federation, IBF, the Irish League of Credit Unions, ILCU, and the financial services regulator to discuss the issues of access to financial service and access to credit for those who are financially excluded. The meeting with the IBF focused on the following issues: access to mainstream banking facilities including credit options where appropriate for lone parents and others on welfare or low incomes; responsible lending practices to lone parents and others on welfare or low incomes and a commitment to desist from offering unsolicited loans to those groups; immediate operationalisation of Department of Finance money laundering committee guidance notes regarding customer identification at local branch level; and continued co-operation with the MABS service in dealing with over indebtedness issues when appropriate. The banks agreed to communicate with all retail member banks to ensure staff are reminded of account opening procedures and the attendant customer identification requirements, including the range of documentation which will satisfy these requirements. They also agreed to contact the financial services regulator, IFSRA, to discuss how the authority might help promote its publication, A Guide to Opening a Bank Account. I have been informed by the IBF that it has communicated with member banks and building societies. It has also met the financial regulator on the same issue.

The credit union movement has played a significant role in the development of the MABS. When I met the Irish League of Credit Unions I was given every assurance that it would continue to play its part in assisting persons on welfare and low incomes to become financially included. I also met the financial services regulator who is undertaking research into issues surrounding access to financial services in conjunction with the Combat Poverty Agency. I look forward to this report, which should be available towards the end of this year, and it will be of assistance in further developing appropriate policy responses in relation to financial inclusion. A good working relationship exists between MABS, the IBF, ILCU and the financial regulator. Regular meetings take place regarding access to financial services and also debt recovery practices of the financial institutions. I am confident these initiatives and contacts are helping to tackle the exclusion from access to financial services of people on low incomes.

Question No. 44 answered with QuestionNo. 6.
Question No. 45 answered with QuestionNo. 25.

Social Welfare Benefits.

Michael Ring

Question:

46 Mr. Ring asked the Minister for Social and Family Affairs the number of persons receiving the disability allowance of €35 per week; the amount spent on the scheme; if he has satisfied himself that persons who are entitled to receive payment under the scheme are receiving such payment; and if he will make a statement on the matter. [30874/05]

With effect from 1 June 2005 a new weekly disability allowance expenses payment of €35 has been made to people resident in institutions who previously did not qualify for a disability allowance payment. This allowance has also replaced pocket money and other allowances that were formerly paid to such residents by the Health Service Executive. The number in receipt of the allowance is 2,737 and expenditure on the scheme in 2005 is estimated to be €3 million. I took this decisive measure to remove the anomaly whereby people with disabilities who were resident in a health board institution prior to August 1999 were not generally entitled to receive disability allowance as long as they continued to reside in an institution. This situation dates back to the variety of arrangements that applied under the old disabled person's maintenance allowance, DPMA, scheme that was administered by the health boards up to October 1996 and continued when that scheme transferred over to the Department of Social Welfare.

My Department completed a comprehensive inquiry and information gathering exercise with the Health Service Executive with a view to arranging the payment of this new allowance. My Department is satisfied that this exercise identified all entitled persons with disabilities between 16 and 66 years of age, who were residing in an institution on a permanent basis. The introduction of the allowance was effectively and efficiently managed by the Department and resulted in virtually all eligible persons receiving their allowance with effect from 1 June 2005. Services level agreements have been put in place with the relevant institutions. These agreements explicitly require the service provider to ensure that this payment is exclusively used for the recipient's personal benefit.

With regard to consultation and communication, my Department through its disability consultative forum met the representative organisations and disability service providers on 9 December 2004, 10 March 2005 and 28 June 2005, respectively, regarding payment of the allowance. All members of the forum have been fully updated on progress and the detail of how the payment is to be administered. All groups welcomed this measure as a very positive development and one which is a platform for finally providing income support to all persons irrespective of their disability or residential status. The wider issue of payment of full disability allowance to persons irrespective of their residential status is being progressed by this Department and the Department of Health and Children and will also be examined further in a budgetary context.

Social Welfare Code.

Denis Naughten

Question:

47 Mr. Naughten asked the Minister for Social and Family Affairs if he will introduce new regulations for the diet supplement; and if he will make a statement on the matter. [30866/05]

Diet supplements are provided through the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive. A person in receipt of a social welfare or Health Service Executive payment, who has been prescribed a special diet as a result of a specified medical condition and who is unable to provide for his or her food needs from within his or her own resources, may qualify for a diet supplement under the supplementary welfare allowance scheme. Diet supplements are subject to a means test. Under the existing scheme, the amount of supplement payable in individual cases depends on which of two categories of diet — low cost or high cost — has been prescribed by the applicant's medical adviser and the income of the individual and his or her dependants. The basis for calculating the amount of diet supplement remained unchanged between 1996 and 2004. Increases in social welfare rates and in the cost of special diets since 1996 had not been taken into account in assessing entitlement in individual cases.

With effect from 1 January 2004 the diet supplement scheme was restructured to take account of increases in both social welfare payment rates and the rate of food inflation since 1996. In the case of new applicants for diet supplement the amount of supplement payable is based on increased up to date diet costs, €44 for lower cost diets or €57 for higher cost diets, less one third of the applicant's income or one sixth of the joint income in the case of a couple. Since increases in the social welfare payment rates were higher than food price inflation since 1996, the shortfall to be met by the diet supplement is less than it was in the past. People in receipt of a diet supplement prior to the introduction of the revised regulations on 1 January 2004 continue to receive their existing rate of supplement until such time as there is a change in their circumstances that would warrant a review of their cases. Pending any changes I make to the scheme, similar arrangements continue to apply this year for existing and new cases, taking account of 2005 rates of social welfare payments.

To inform a reappraisal of the scheme, my Department commissioned a study by an expert from the Irish Nutrition and Dietetic Institute. The study examined the special diets prescribed in legislation for which assistance is available through the existing diet supplement scheme. The study also considered the appropriate level of assistance required to cater for additional costs involved in providing for necessary special diets, relative to the cost of a normal healthy eating diet. The findings of this research study have been assessed by my Department to determine how the diet supplement scheme should be developed. Development of a new scheme is complex, as the expert advice is that certain diet conditions covered under the existing scheme should be adjusted to reflect the latest medical and dietary thinking. I expect to introduce revised regulations to update the scheme shortly. My Department is making arrangements also to publish the research study. In finalising the revised scheme and regulations, I want to make sure that the new supplement coverage and payment rates put in place continue to enable people on low incomes to meet the identified extra cost of medically recommended special diets if they need them. In the meantime, diet supplements continue to be provided for existing recipients and new applicants as heretofore.

David Stanton

Question:

48 Mr. Stanton asked the Minister for Social and Family Affairs the number of cases under the habitual residence condition that have been decided to date in 2005 since its introduction; the number of these cases where applicants were denied assistance; the number of these applicants who are Irish citizens; his plans to review and change the restriction; and if he will make a statement on the matter. [30876/05]

Gerard Murphy

Question:

84 Mr. G. Murphy asked the Minister for Social and Family Affairs when the review of the habitual residence condition will be finalised; and if he will make a statement on the matter. [30865/05]

I propose to take Questions Nos. 48 and 84 together.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The basis for the restriction contained in the rules is the applicant's habitual residence. The effect is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland. The question of what is a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the individual circumstances of each case. An applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

In the vast majority of cases other than supplementary welfare allowance claims, decisions on whether or not applicants satisfy the habitual residence condition are made by deciding officers in local offices and scheme areas, on the basis of responses given to questions in the primary claim forms for the schemes. The remainder are submitted for decision to a central section. Regarding supplementary welfare allowance, all decisions in respect of the habitual residence condition are made by community welfare officers at claim registration.

For the period 1 May 2004 to 21 October 2005, the number of habitual residence cases decided in the central section was 22,487. The total number of cases deemed not habitually resident was 5,659 or 25%. The number of applications decided in respect of Irish citizens is 5,574, of which 546 or 10% were disallowed. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while, at the same time, ensuring people whose cases are appropriate to the system have access to it when they need it. The operation of the habitual residence condition has been kept under review by officials of my Department since its introduction. A review the operation of the habitual residence condition is being carried out at present by my officials with a view to assessing its impact on different categories of persons claiming social assistance-child benefit and supplementary welfare allowance payments; assessing the current organisational arrangements in the Department for administering the condition and the service provided to customers; identifying opportunities for improvements to the administration of the scheme, including those aspects involving other Departments; examining all aspects of the decision making process; and identifying emerging policy issues and considering how these should be addressed. Account is being taken of the views received from various groups and organisations who have an interest in the area. I expect to draw conclusions from the review by the end of the year.

Question No. 49 answered with QuestionNo. 32.
Question No. 50 answered with QuestionNo. 15.
Question No. 51 answered with QuestionNo. 32.

Breeda Moynihan-Cronin

Question:

52 Ms B. Moynihan-Cronin asked the Minister for Social and Family Affairs his priorities for social welfare in the context of the forthcoming Estimates, budget and Social Welfare Bill; and if he will make a statement on the matter. [30951/05]

The 2006 Estimates for social welfare spending will be published on November 17 next and will represent the cost of implementing existing levels of services in the various programmes and services provided by my Department and its agencies. Normally, improvements in social welfare schemes and services are introduced by way of the budget. In this regard, I will be developing budget proposals relating to the various issues within my own area of responsibility, having regard to Government commitments relating to weekly rates of payment and monthly child benefit rates; addressing child poverty; improving pensions provision; removing the obstacles to employment, training and education for various vulnerable groups; examining ways of increasing supports for carers; and the views expressed at the recent pre-budget forum at which 31 welfare organisations presented submissions. Immediately following budget day, I will bring forward a Social Welfare Bill to provide for increases in the weekly payment rates and changes to the PRSI provisions or other amendments, which would be scheduled to come into effect from January 2006. Budget 2006 provisions requiring legislative basis and scheduled to take effect after January 2006 and any other non-budget related legislative amendments will be provided for under a second Bill expected to be progressed through the Oireachtas in early 2006.

Question No. 53 answered with QuestionNo. 11.
Question No. 54 answered with QuestionNo. 15.

Family Support Services.

Enda Kenny

Question:

55 Mr. Kenny asked the Minister for Social and Family Affairs if he has calculated the number of persons who would be eligible for the family income supplement scheme; and if he will make a statement on the matter. [30856/05]

John Perry

Question:

88 Mr. Perry asked the Minister for Social and Family Affairs if he will or has already initiated a public information campaign for the family income supplement; and if he will make a statement on the matter. [30873/05]

Paul Kehoe

Question:

96 Mr. Kehoe asked the Minister for Social and Family Affairs the number of persons who would be eligible for the family income supplement but are not availing of the scheme; the number of persons who avail of the scheme; and if he will make a statement on the matter. [30855/05]

I propose to take Questions Nos. 55, 88 and 96 together.

Weekly payments of FIS are made to families, including one-parent families, with children under 18 years or between 18 and 22 years if in full-time education, where at least one parent is in full-time remunerative employment of not less than 19 hours per week, or 38 hours per fortnight, where the employment is likely to last at least three months and where the income of the family is less than a prescribed weekly amount.

The number of FIS claims in payment at end September 2005 was 15,784. This represents an increase of 31% since December 2002 when 12,043 claims were in payment. FIS income limits were increased by €39 per week in budget 2005. This represents a net increase of €23.40 per week for most recipients. Weekly FIS income limits have risen by €84 since 2002, a net increase of €50.40. The guaranteed minimum weekly rate of payment for anyone who qualifies for FIS increased to €20 from January 2004.

It is not possible to estimate from administrative sources the number of families who would be eligible but do not apply for their entitlements under the family income supplement scheme. However, research undertaken by the Economic and Social Research Institute in 1997, which was based on the results of the Living in Ireland Survey 1994, suggested that fewer than one in three of potentially eligible claimants were actually in receipt of the payment. Since those with a higher entitlement are more likely to avail of the scheme, the take-up in expenditure terms was estimated to be somewhat higher at between 35% and 38% of potential expenditure. I understand that the ESRI is re-examining this issue given the availability of new data since that time.

My Department undertakes a number of pro-active measures to ensure that people are made aware of their possible entitlement to family income supplement. In the past, this has included extensive advertising on local and national press and radio, in poster campaigns and targeted mailshots.

Information on FIS is also provided on an ongoing basis in various ways, which include advising all newly awarded one parent family payment recipients, advising all employers annually in PRSI mailshots and examining entitlement for all recipients of the back to work scheme. More generally, information on all social welfare schemes, including FIS, is also available on the department's website and from the Department's local offices.

Improvements to the family income supplement scheme, including the progressive increases in the income limits, have made it easier for lower income households to qualify under the scheme. My Department will continue to closely monitor the performance of the scheme in terms of uptake and ensure information on all of its schemes is disseminated to the widest possible audience so that people may avail of their entitlements.

Social Inclusion.

Jimmy Deenihan

Question:

56 Mr. Deenihan asked the Minister for Social and Family Affairs his views on the finding of the report by the National Council on Ageing and Older People, The Social Inclusion of Older People at Local Level, that we need to develop a national policy which ensures the full participation of elderly persons in society; and if he will make a statement on the matter. [30845/05]

Damien English

Question:

70 Mr. English asked the Minister for Social and Family Affairs his views on whether society ignores the voice of elderly persons; and if he will make a statement on the matter. [30846/05]

I propose to take Questions Nos. 56 and 70 together. The report, The Social Inclusion of Older People at Local Level, prepared for the National Council on Ageing and Older People by the Work Research Centre, identifies the policies and measures that are being planned and implemented by the county and city development boards to ensure the inclusion of older people at local level. The report also concludes that the involvement of older people in local level planning and decision making is a key mechanism of the social inclusion process.

The office for social inclusion has been working with the National Council on Ageing and Older People to ensure that full account is taken of the position of older people and their needs in the ongoing strategic process to combat poverty and social exclusion. This will intensify over the coming months, as the office co-ordinates preparation of the next action plan to cover the period 2006 to 2008, due for submission to the European Commission by September 2006.

Consultation on the plan has commenced and written submissions from the various stakeholders have been requested and received. Invitations are currently being issued to all interested bodies and persons to a series of national and regional consultation seminars. Older persons and their representatives will be especially welcome as they are one of the key groups vulnerable to poverty and social exclusion.

Full account will be taken in preparing the plan of this report, The Social Inclusion of Older People at Local Level, and, in particular, how the recommendations in the report can be implemented. The needs of older people, especially as they grow more frail and dependent, have to be met as a priority. But it must also be continually recognised that a majority of older people at any one time have much to contribute to their families, their local community and society generally and that effective mechanisms should exist for their participation in planning and decision making. Their participation must be encouraged and facilitated and I am satisfied that the report will make a real contribution to achieving this objective.

The current NAP-inclusion already recognises that access to adequate resources is an important requirement for the participation of older people. In this regard, the Government has, since 1997, increased pensions substantially. During this period, pensions have increased by 81% while the consumer price increase over the same period was 30.7%. This represents a real increase of 38.5%. Old age contributory pensioners are now receiving €157.30 per week compared to the equivalent of €99 in 1997.

Furthermore, the Government is committed to increasing the basic social welfare pension to €200 per week by 2007. The Government is now preparing for the challenges ahead as our population ages in the coming years so that we can ensure that retired people have an adequate income, which, as far as possible, maintains their pre-retirement standard of living and that these pensions are sustainable in the long run.

This is being achieved through the national pensions policy initiative, which was developed following extensive consultation with the social partners, representative organisations and the pensions industry. In addition to significant increases in basic social welfare pensions, this strategy includes expanding private and occupational pensions coverage from a current level of 50% of the workforce to 70%, with PRSAs being the main policy instrument being used in this latter regard and the national pensions reserve fund, which now stands at €8.4 billion.

Regarding the needs of frail and dependent older people, the long-term care working group, which is being chaired by the Department of the Taoiseach and comprises senior officials from the Departments of Finance, Health and Children and Social and Family Affairs, is continuing its work. The objective of this group is to identify the policy options for a financially sustainable system of long term care. The group will report shortly.

Anti-Poverty Strategy.

Seán Crowe

Question:

57 Mr. Crowe asked the Minister for Social and Family Affairs the steps he has taken to reduce family income poverty. [30998/05]

In budget 2005, I introduced the following improvements to assist low income families: a €14, 10.4%, increase in the personal rate of payment for the lowest rates of social welfare payments. This level of increase is over four times the projected level of inflation for 2005; an increase of €9.30, 10.4%, per week in the rate of qualified adult allowance, QAA, payable to those in receipt of the lowest rates of payment; an increase in the child benefit lower rate by €10 per month and an increase of €12 per month on the higher rate; an increase in the rate of maternity benefit from 70% to 75% of reckonable weekly earnings; a record increase of €39 per week in all FIS earnings thresholds; a €10 per week increase on the upper ceiling for entitlement to tapered QAA from €210 to €220 per week; a €50 increase in the income threshold for entitlement to half-rate child dependent allowance, CDA, with certain social insurance benefits, such as unemployment and disability benefit, from €300 to €350 per week; and additional funding of €4.8 million for family resource centres, marriage-family counselling, the family mediation service, the families research programme and the family support agency. I look forward to making further progress for low-income families in the forthcoming budget.

Family Support Services.

Arthur Morgan

Question:

58 Mr. Morgan asked the Minister for Social and Family Affairs if he supports the One Family, formerly Cherish, recommendation to increase the one parent family allowance by €18.50 to €165 per week. [31000/05]

Last week, I held a pre-budget forum which was attended by 31 representative organisations including One Family, formerly Cherish. At this forum, each organisation, including One Family, had the opportunity to present its key priorities for consideration in advance of budget 2006. I would like to thank One Family for its contribution to the forum and the valuable work which it and many other organisations do in their communities.

I have also received a written pre-budget submission from One Family which includes its proposal to increase the one parent family allowance by €18.50 to €165 per week. This proposal with the other proposals put forward by the organisation will be considered in the context of the forthcoming budget.

Government policy is to achieve the income adequacy target set in the national anti-poverty strategy. This commitment is to increase the lowest social welfare rates to €150 per week, in 2002 terms, by 2007. We are on target to achieve this objective. In budget 2005, the lowest rates of social welfare were increased by €14 per week to €148.80. This represented a level of increase more than four times the projected level of inflation for 2005. I look forward to making further progress on this matter in budget 2006.

Anti-Poverty Strategy.

Dan Boyle

Question:

59 Mr. Boyle asked the Minister for Social and Family Affairs his plans to address measures being proposed by Barnardos Seven Steps to End Child Poverty campaign. [30969/05]

Dan Boyle

Question:

195 Mr. Boyle asked the Minister for Social and Family Affairs the action he will take to address measures being proposed by Barnardos Seven Steps to End Child Poverty campaign. [31105/05]

I propose to take Questions Nos. 59 and 195 together.

The reduction and eventual elimination of child poverty are at the core of the strategic process to combat poverty and social exclusion, a priority shared internationally. The OECD in a report to social affairs Ministers in April this year pointed out that "children who grow up in disadvantaged households are more likely to do poorly at school, to struggle to find a job, and to be unemployed, sick or disabled when they become adults, precipitating an inter generational cycle of disadvantage and deprivation."

I welcome the Barnardos' Seven Steps to End Child Poverty report, which deals with this reality. The seven steps deal with improving child income supports, educational outcomes, maternity and child care, access to health, housing standards, obstacles to employment, child policy impact analysis and co-ordination of policies relating to children.

A strategic process for combating and eventually eliminating child poverty, together with specific measures to meet the objectives of the process, is already in train under the national action plan against poverty and social exclusion and the national children's strategy. Ending child poverty is also one of ten special initiatives in Sustaining Progress. This strategic process substantially incorporates the seven steps highlighted by Barnardos.

The most significant measure my Department has taken in recent years to support families with children has been the very substantial real increases in child benefit payment rates. Between 1997 and 2005, the rate of child benefit rose from €38.09 per month for the first two children and €49.52 for each child thereafter to €141.60 per month for each of the first two children and to €177.30 per month for the third and each subsequent child. This equates to real increases over the period in excess of 170%. Child benefit is paid to over 540,000 families in respect of approximately 1 million children, at an estimated cost of €1.9 billion in 2005.

Through the family income supplement scheme, my Department provides cash support by way of weekly payments to families at work on low pay. Recent improvements to the scheme, including the assessment of entitlements on the basis of net rather than gross income and progressive increases in the income limits, have made it easier for more lower-income households to qualify under the scheme. Child dependant allowances are also paid to recipients of weekly social welfare payments.

Most children at risk of poverty live in jobless households, where there is no full-time or part-time employment. The major increase over the past decade in employment, including the increased participation of women in employment, has made a significant contribution to reducing the risk of poverty for children. Jobless and low-income households remain, however, and these now mainly include households where there is just one parent, or a parent with a disability, as well as a proportion who are unemployed. Households with bigger families may still be at risk of poverty, if only one parent is able to take up employment.

A series of policies to address continued joblessness in households with children are currently being prepared under the strategic process. Later this year, I expect shortly to receive proposals from the National Economic and Social Council, NESC, on the structures needed to introduce a second tier of financial supports, in addition to child benefit and other entitlements, aimed specifically at helping those children most in need.

A sub-group of the senior officials group on social inclusion has been undertaking a detailed examination of obstacles to employment for lone parents. As part of this work, my Department is nearing the completion of a review of income supports and I expect that to be finalised in the near future.

The provision of affordable and flexible child care is a key factor in facilitating employment participation for families with children. My Department is participating in an inter-departmental working group on early child care and education, chaired by the National Children's Office. The work of this committee is at an advanced stage and the outcome will make an important contribution to finding the right mix of services and income support to facilitate employment take up and care for children.

Given the central importance of combating child poverty, the extensive range of policies required and the resources involved, we need to monitor and evaluate the outcomes of the these policies on the development of our children and get the necessary evidence on what works and works well. This process is about to commence with a major national longitudinal study on children. My Department and the Department of Health and Children, through the National Children's Office, are jointly funding this study. The study will be the most significant of its kind to be undertaken here, particularly in terms of the cost, scope and length of study period. It is anticipated that 10,000 children from birth and 8,000 children aged nine will be recruited to participate in the study.

I am confident that, through the measures already being taken and the initiatives being planned, we will make a decisive impact of combating poverty, especially among children, and in ensuring that all the nation's children have a good quality of life and a fair share of life. These policy areas also form key elements of Government actions relating to children and families chances.

Question No. 60 answered with QuestionNo. 25.
Question No. 61 answered with QuestionNo. 6.

Social Welfare Benefits.

Ruairí Quinn

Question:

62 Mr. Quinn asked the Minister for Social and Family Affairs his plans for the establishment of a new agency to take over responsibility for the administration and payment of welfare benefits which were announced in an interview with a newspaper (details supplied); when the agency will be established; if it will require legislation; and if he will make a statement on the matter. [30955/05]

Trevor Sargent

Question:

67 Mr. Sargent asked the Minister for Social and Family Affairs the economies and extra efficiency that will derive from the establishment of the welfare reform agency; and if he will make a statement on the matter. [30980/05]

I propose to take Questions Nos. 62 and 67 together.

My Department is pursuing a modernisation programme which aims to build on the quality service it provides at present and to ensure an excellent service is maintained into the future. The establishment of a separate agency to administer and deliver social welfare payments is one of a number of options that are under consideration as part of the public service modernisation programme. The concept of a separate agency for the delivery of social welfare services is not new. A number of countries such as New Zealand and Australia have followed the route of setting up separate executive agencies to deliver some of its services.

Most Deputies will be aware of the benefits agency which was set up in the UK as an executive agency within the Department of Social Security. The benefits agency was replaced by Jobcentre Plus in April 2002 and it currently operates under the aegis of the Department for Work and Pensions. The administration of state pensions in the UK is the responsibility of The Pension Service which is also an executive agency of the Department for Work and Pensions.

My Department has been structured on aireacht-executive lines since the mid-1980s. The aireacht is responsible for researching and formulating social welfare policy. It also provides a range of corporate services including personnel and finance. Social welfare services is the executive arm of the Department and is responsible for the administration and management of social welfare schemes and services through a network of local, regional and decentralised offices.

My Department is currently embarking on a significant programme of change under the Government's decentralisation initiative and is extremely conscious of the need to carefully manage change so as to ensure that the service it provides to its customers is not adversely affected. The proposal for a separate social welfare agency is at the embryonic stage and will need to be examined in detail before consideration could be given to its feasibility. Assessments must be made regarding potential improvements in services and the economies or efficiencies that might accrue from such an approach. Issues such as legal, operational, personnel and industrial relations matters will also have to be addressed.

My Department will have the opportunity of examining the experiences of countries which have already pursued this approach. It will be in a position to take on board the lessons from those countries and to avoid any pitfalls or difficulties which could arise. Setting up an executive agency to deliver social welfare services would be a major change in the operations of my Department. A comprehensive examination of all the issues involved will have to be carried out before detailed proposals for such a change can be drawn up.

Question No. 63 answered with QuestionNo. 11.
Question No. 64 answered with QuestionNo. 38.
Question No. 65 answered with QuestionNo. 31.
Question No. 66 answered with QuestionNo. 38.
Question No. 67 answered with QuestionNo. 62.
Question No. 68 answered with QuestionNo. 11.

Social Welfare Code.

Joe Costello

Question:

69 Mr. Costello asked the Minister for Social and Family Affairs the steps he will take to ensure that the time spent by applicants on supplementary welfare allowance count as part of the qualifying period and satisfy the eligibility criteria for applicants for schemes such as back to education allowance and others; the further steps he will take to amend the qualifying conditions to permit the foregoing; and if he will make a statement on the matter. [30937/05]

David Stanton

Question:

85 Mr. Stanton asked the Minister for Social and Family Affairs the changes he will make as a result of the expenditure review of the back to education allowance which commenced in September 2003; and if he will make a statement on the matter. [30877/05]

I propose to take Questions Nos. 69 and 85 together.

The back to education allowance is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. There are two options available under this scheme, namely, the second level option and the third level option. Under these options a person may pursue a full-time second or third level course of study at a recognised second or third level institution.

The primary aim of the back to education allowance scheme is to assist people who are unable to access the labour market because of a lack education and who are caught up in a cycle of unemployment and disadvantage. Since its inception many people who left school early have been given a second chance for education and this has improved their prospects of getting employment.

At present, to qualify for participation in the back to education allowance scheme an applicant pursuing an approved course of study must be at least 21 years of age and in receipt of a relevant social payment for six months in the case of the second level option and 12 months in the case of the third level option or nine months if participating in the national employment action plan, NEAP, process.

The scheme has recently been the subject of a programme expenditure review. The expenditure review working group examined among other issues, the qualifying criteria for the scheme, targeting strategy and the future focus and administration of the scheme. The working group completed the review in September of this year.

The working group recommended, among other things that the scheme should be extended to include all those of working age in receipt of a welfare payment. In that context, there are currently a number of people who are in receipt of supplementary welfare allowance for a minimum period of 12 months and who represent a long-term welfare group whose eligibility for the scheme will be considered through the expenditure review implementation process which is due to commence shortly. Other recommendations made by the group will also be considered as part of that process.

Question No. 70 answered with QuestionNo. 56.
Question No. 71 answered with QuestionNo. 6.

Money Advice and Budgeting Service.

Michael Noonan

Question:

72 Mr. Noonan asked the Minister for Social and Family Affairs the efforts he is making to prevent the situation where many vulnerable persons are being forced to use the services of money lenders; and if he will make a statement on the matter. [30869/05]

John Gormley

Question:

92 Mr. Gormley asked the Minister for Social and Family Affairs his plans to advise citizens, especially those in vulnerable groups, of the risks of becoming heavily indebted; and if he will make a statement on the matter. [30976/05]

I propose to take Questions Nos. 72 and 92 together.

My Department has overall responsibility for the money advice and budgeting service, MABS, which provides assistance to people who are over-indebted. A total of €13.6 million in funding has been allocated to MABS in 2005. The service is targeted at those who are on low income or in receipt of social welfare payments. There are 52 MABS companies located in 65 offices throughout the country.

The money advice and budgeting service has a close and ongoing involvement with my Department at local level. Representatives of the Department are on the boards of management of MABS companies. Membership is also drawn from statutory and voluntary bodies such as the Society of St. Vincent de Paul, credit unions, citizens information centres and the community welfare service. These representatives in turn raise awareness of issues around over-indebtedness in their parent bodies.

New posters with local contact details have been circulated to all the MABS offices. These posters will also be displayed in all social welfare offices and health centres as well as other appropriate locations. Information on MABS is also contained on its website www.mabs.ie.

A new company MABS National Development Limited was established in 2004 to support, promote and develop the MABS service. The company has recruited a national development team comprised of a social policy-communications officer, a community education officer, and three casework technical support officers.

The company is currently working on the development of a national strategy in community education which will be implemented by the 52 MABS companies. This strategy will seek to empower individuals and communities in developing the skills necessary to deal with debt situations as they arise.

The MABS development company is also devising a strategy to assist the MABS local services to improve further the take up of the money advice and budgeting service by those on low income. Recent initiatives to inform the target group of the MABS include media interviews, co-operation with the one parent exchange network, OPEN, the National Adult Literacy Agency, NALA, the Courts Service information section, Society of St. Vincent de Paul, Age Action and hospital social workers.

My Department ensures that MABS information and contact details are included in all relevant social welfare publications and information material produced by the Department. The level of response to MABS indicates there is a high level of awareness of the service. However, I will continue to examine any proposals that would further extend the level of public awareness.

Information Provision.

Fergus O'Dowd

Question:

73 Mr. O’Dowd asked the Minister for Social and Family Affairs if he has carried out research into the barriers older persons encounter when trying to access information; if not, the reason therefor; the barriers which were identified as a result of this research; the action he has taken to address these barriers; and if he will make a statement on the matter. [30870/05]

My Department has not undertaken any specific research along the lines suggested by the Deputy regarding the information needs of older citizens. However, Comhairle, the national information agency which operates under the aegis of my Department, has recently funded Age Action Ireland, a voluntary organisation to carry out a research project entitled, Uptake of Social Welfare Benefits by Older People. A draft report on this research has recently been received in my Department and the findings and recommendations will be discussed with Age Action Ireland in due course. The provision of comprehensive information in a clear and simple manner is an essential element in the effective delivery of social welfare services.

My Department's information policy is designed to ensure that all citizens, including older persons, are made aware of their entitlements in a timely fashion and that they are kept informed of changes and improvements in schemes and services as they occur. We work closely with NALA to achieve our aims to provide information in a clear and comprehensive way. Difficulties and barriers identified during customer consultation sessions are eliminated as required.

Our customer groups have indicated their satisfaction with the level of information available from the Department and with our methods of dissemination. My Department takes a pro-active approach in advertising new schemes, together with changes and improvements to existing schemes and services, by using an appropriate mix of national and provincial media, information leaflets, fact sheets, posters and direct mailshots. We have, in the past, issued direct information booklets to all our pensioners outlining the supports and services available to them from the Department.

Staff of my Department promote social welfare entitlement take-up by participating in public events. For example, my Department had a stand at the over-50s exhibition last weekend in the RDS where staff dealt with many queries regarding pensions and issues of interest to older people.

Information staff give talks to many organisations, including those offering pre-retirement seminars and courses. They also provide presentations on social welfare entitlements to voluntary and community groups. My Department produces a comprehensive range of information leaflets and booklets covering each social welfare payment or scheme. One such leaflet is Checklist for Pensioners. These information booklets are available in a wide range of outlets country-wide including all social welfare local offices, citizen's information centres, post offices and indeed in a wide range of other organisations such as local community centres.

In addition to the above, the central information services unit in my Department operates a telephone information service for the public and an information officer is located in each of the social welfare local offices around the country. Information officers are available to explain all our supports and services to our older citizens and to help and assist them in completing forms and accessing their entitlements.

I am satisfied that my Department provides a comprehensive and quality information service to all our customers including services to older people.

Question No. 74 answered with QuestionNo. 38.

Citizens Information Service.

Paul Nicholas Gogarty

Question:

75 Mr. Gogarty asked the Minister for Social and Family Affairs his plans to increase funding for the citizens information service; and if he will make a statement on the matter. [30972/05]

The provision of information in a clear and simple manner is an essential element in the effective delivery of social welfare services by my Department. My priority is to ensure that people are fully aware of their entitlements and are advised and assisted when the need arises to avail of the schemes and supports available.

My Department funds Comhairle, the statutory agency responsible for ensuring individuals, in particular those with disabilities, have access to accurate, comprehensive and clear information relating to social services. Comhairle supports and funds a network of citizens information services to provide information, advice and advocacy services to the public on a wide range of civil and public services.

Since its establishment in June 2000, Comhairle has continually sought ways of developing effective and accessible channels to meet the different information needs of individuals and communities. In 2004, Comhairle developed a customer-centred, integrated approach to citizens information. To this end, citizens information is promoted as a brand name for the public to access information through the three delivery channels of citizens information centres, CICs, the citizens information phone service and the OASIS website.

In 2005, approximately €10 million was dedicated to the provision of citizens information. This amount comprises funding to cover the costs of information service promotion, advocacy projects and ICT in individual CICs, the costs of premises, wages and general administration throughout the CIC network and the cost of the citizens information phone service.

Citizens information is provided from 247 CICs throughout the country. This reflects an increase in service locations from 196 in 2001. The citizens information centres provide a very valuable service to people. I am satisfied that the information service provided by the CICs is valued by the community. I intend to see that Comhairle will be in a position to continue to support these centres. Ongoing and increased funding for Comhairle is a matter which will be addressed in the context of the upcoming budget. I look forward to Comhairle and my Department working together in partnership to ensure that citizens will have a variety of channels to access information when needed.

Social Welfare Code.

Michael D. Higgins

Question:

76 Mr. M. Higgins asked the Minister for Social and Family Affairs his views on whether the rules and rates governing secondary benefits can, at times, result in severe poverty traps; his plans to reassess the household income threshold of €317.43 for retention of secondary benefits such as rent supplement; his views on raising the income threshold to €400, in view of the fact that this is the amount it would be had it been indexed originally; and if he will make a statement on the matter. [30939/05]

Social welfare programmes aim to be responsive to the needs of those who depend on income maintenance support while providing incentives to assist people to become more independent financially, particularly through employment.

A number of measures have been introduced in recent years to remove disincentives to taking up employment and to assist in the transition from welfare to work. These measures include special means disregards and tapered withdrawal of benefits as earnings increase, and employment support schemes such as the back to work programme.

People, including one parent families, are entitled to retain certain social welfare and other secondary benefits in total or in part for the duration of the employment scheme, subject to certain conditions. For most people the most significant secondary benefit is rent or mortgage interest supplement, which is paid under the supplementary welfare allowance scheme. An income limit of €317.43 per week applies to the retention of these supplements. No income limit applies to the back to work allowance itself.

While this rent supplement retention income limit has not changed since its introduction, significant other improvements have been made to the means test subsequently. Back to work allowance and family income supplement, in cases where one or both of these are in payment, are disregarded in the assessment of the €317.43 weekly income limit. PRSI and reasonable travelling expenses are also disregarded in the means test.

In effect this means that people who commence employment through a back to work scheme, following a period of unemployment, can have a weekly household income significantly in excess of the €317.43 limit and still qualify to retain 75% of their rent or mortgage interest supplement. For example, in the first year of their participation in the back to work allowance scheme, a single person can have combined income from the back to work allowance and wages of €429 while a couple with two children can have a combined income of €528.25. These thresholds increase each year by reference to increases in primary social welfare rates.

Rent supplement may be retained for up to four years on a tapered basis, that is, 75% of supplement in year one, 50% in year two and 25% in years three and four. In addition, the maximum payment limit of €317.43 per month on the amount of supplement payable was abolished for people on the approved schemes. As a consequence, many families retain more of their rent supplement than had been the case prior to these changes taking place.

People availing of an employment support scheme may opt to be assessed under either standard supplementary welfare allowance rules or under the special retention rules and will be entitled to receive payment under whichever is the more favourable option for them. A person on a community employment scheme or other back to work scheme whose household income is above the €317.43 weekly limit for retention of secondary benefits may still qualify for rent supplement under the standard rules. In that context, I introduced amending regulations in January 2005 to increase the income disregard in the standard rules of the scheme from €50 to €60 per week.

Overall, I consider that the current rent supplement eligibility thresholds and disregards, together with improvements in the standard rules of the supplementary welfare allowance scheme, ensure that people have a financial incentive to take up back to work opportunities. Nonetheless, the effectiveness of these arrangements is being considered further in the context of a policy review of the supplementary welfare allowance scheme which my Department is undertaking at present as part of its ongoing expenditure review programme.

Question No. 77 answered with QuestionNo. 33.

Jan O'Sullivan

Question:

78 Ms O’Sullivan asked the Minister for Social and Family Affairs the number of exemptions from payment of social insurance employment contributions in respect of each of the past five years for a period not exceeding 52 weeks, granted in respect of the temporary employment of persons not ordinarily resident here; the number of such applications granted in respect of a company (details supplied); his plans to review this procedure; and if he will make a statement on the matter. [30954/05]

Since 2000, a total of 2,480 PRSI exemption certificates have been granted in respect of the temporary employment of persons not ordinarily resident in this country. Of this total, 1,504 certificates were granted to the company in question. An annual breakdown of these certificates is outlined in the following table.

Exemption Certificates Issued

Year

Number of exemptions issued

Number issued to Gama

2000

83

0

2001

105

0

2002

290

92

2003

1,048

784

2004

603

347

2005 (to 30/09/05)

351

281

Total

2,480

1,504

PRSI exemptions are issued in accordance with Article 97 of SI 312 of 1996. The legislation provides for an exemption from PRSI contributions for up to 52 weeks to be granted to employees not ordinarily resident in the State but who are temporarily employed here. The purpose of the legislation is to avoid a situation whereby workers who are sent by their employer to work here temporarily would be subject to social insurance in two countries at the same time. Similar arrangements apply under EU legislation to workers moving within the EU-EEA and to workers covered by bilateral social security agreements with this country.

When a request for an exemption certificate is being processed, a signed declaration is obtained from each employer confirming that the person for whom the exemption certificate is being sought has been retained in the social insurance regime of their home country while working in Ireland. This is intended to confirm that the employee is being posted and is covered for social insurance in his/her home country while covered by an exemption certificate.

In randomly selected cases, independent confirmation is sought from the authorities in the employee's home country that social insurance payments have actually been made during the period covered by the exemption certificate. This control complements the employer's declaration that the employee has been retained in insurance cover in his-her own country.

In the case of the company in question, a random sample of exempted cases has been referred to the relevant overseas authorities, via the Department of Foreign Affairs, and confirmation has been received that the employees involved remained attached to their home country's social security regime during the period of the exemption. Granting of an exemption certificate is also linked to the existence of a valid work permit which confirms that the employee is not ordinarily resident in this State and is entitled to work here.

The needs of the Irish economy have changed significantly since the PRSI exemption legislation was introduced in 1961. There have been changes in working patterns and skill levels and the enlargement of the European Union has also affected the labour market. Against this background, and having regard to the circumstances of the case in question, my Department is undertaking a review of the policy and legislative provisions and the administrative arrangements for the PRSI exemption scheme. It is my intention to consider any necessary measures for change in the light of the review.

Question No. 79 answered with QuestionNo. 12.

Child Support.

Paul Connaughton

Question:

80 Mr. Connaughton asked the Minister for Social and Family Affairs his plans to increase child care support for low income families; and if he will make a statement on the matter. [30836/05]

I understand from the Deputy's question that he is referring to child benefit increases. Child benefit is the principal means of providing support to families with children in Ireland. It is neutral vis-à-vis the employment status of the child’s parents and maximizes choice for parents. Child benefit is paid monthly in advance to over 530,000 families is respect of over 1,020,000 children.

Child benefit rates now stand at €141.60 per month for each of the first two children and to €177.30 per month for the third and each subsequent child. Over the period since 1997, monthly rates of child benefit have increased by €103.51 at the lower rate and €127.78 at the higher rate, increases of 272% and 258% respectively. Any child benefit rate increase would have to be considered in a budgetary context and in the light of competing priorities.

Question No. 81 answered with QuestionNo. 38.

Social Welfare Benefits.

Jimmy Deenihan

Question:

82 Mr. Deenihan asked the Minister for Social and Family Affairs the number of social welfare recipients who are in receipt of each of the three rates of child dependant allowance for each year since 2002; his views on the payment of all child dependent allowance payments at the higher rate; the cost of such a move; and if he will make a statement on the matter. [30844/05]

There are currently three different weekly rates of child dependant increases payable to social welfare recipients, €16.80, €19.30 and €21.60, depending on the type of payment. A half rate child dependant increase may also be paid in respect of a child in certain circumstances, for example, where both of the child's parents are receiving a social welfare payment or where one parent has earnings over a prescribed amount.

To standardise the three main rates of increases at the highest rate of €21.60 would mean that approximately 244,000 full rate payments and 92,000 half rate payments would be increased at a cost of approximately €52 million annually. Any child dependant rate increase would have to be considered in a budgetary context and in the light of available resources, and also in the context of broader social policy reforms.

Question No. 83 answered with QuestionNo. 38.
Question No. 84 answered with QuestionNo. 48.
Question No. 85 answered with QuestionNo. 69.
Question No. 86 answered with QuestionNo. 12.

Computerisation Programme.

Billy Timmins

Question:

87 Mr. Timmins asked the Minister for Social and Family Affairs the progress to date in 2005 in the development of its new information technology systems; the estimated and actual cost of each system to date in 2005; and if he will make a statement on the matter. [30878/05]

My Department is highly dependent on computer systems to deliver its schemes and in particular, its payment services. For example, each week my Department is responsible for some 970,000 payments that, when dependants are included, directly benefit some 1.5 million men, women and children. Each year almost 60 million transactions are processed and issued by my Department. The majority of payments are made through the older systems, the technology on which they are based has been in place for over 20 years and needs to be updated.

My Department has developed a strategic programme of continuous development of its information and computer technology, ICT, systems and the related underlying infrastructure to satisfy strategy, policy and legislative requirements of the Department. At any time, there are a number of major new projects under way as well as significant maintenance and enhancement of older systems.

The major systems currently being developed include systems that implement direct customer facing services, e-Government related systems and systems primarily aimed at administrative needs.

The customer facing systems that are being developed are in line with the Department's service delivery modernisation, SDM, programme, approved by Government in July 2000. The SDM which will ultimately impact on all of the Department's schemes and services is being implemented in a number of self-contained projects spanning several years.

Each project generally has two strands, one focused on developing the ICT system components and the other on implementing a parallel programme of organisational change. The aim is to implement modern work practices, supported on a flexible technical architecture, which will allow my Department to respond more rapidly to change and to deliver a high quality, personalised and integrated service to its customers. Each project is the subject of one or more separate fixed-price consultancy contracts negotiated following a public procurement exercise.

The first of these projects established the general design principles for subsequent phases and involved the redesign of the child benefit scheme. This system was successfully implemented in November 2002 and gained a number of international awards for its improvements in service delivery. A second major project is under way to extend the programme to retirement pension, old age contributory pension, household benefits and bereavement grants. The project is being developed on an incremental basis; the first phase, the contribution history object, is going live at present. Subsequent phases of this project are planned for end-March of 2006 and mid next year. Consultancy payments to the firms involved are €3,408,550, to end August, for contracts valued at €8,230,205.

A related exercise is being carried out to establish requirements and to model the next generation of customer systems. Successful conclusion of this exercise will provide the scoping information for a project commencing in 2006 to develop these systems. No expenditure has been incurred on this exercise in 2005 so far.

The main e-Government-related system is the public service broker, PSB, essentially a set of infrastructure and shared services, which is being developed for the Reach agency. This agency does not have its own development staff and the PSB is being developed by external consultants. Reach has provided an inter-agency messaging system that facilitates, for example, the connection of the General Register Office to my Department for the notification of births and the automatic initiation of child benefit claims. This service was extended to deaths and marriages. Some 32 agencies currently receive these services. The system has been developed into a production level broker facility that provides personal account, case management and secure identity services. An external supplier began work on the development and deployment of the basic public services.

Regarding broker systems in January 2004 with an estimated cost of €5.31 million, to date, €3.77 million has been paid with the remainder to fall due when phase 1 of the system is completed early in 2006. Additional services and capacity are being developed and added to the core system. To date, some €4.5 million has been spent or committed on these additional services and capacity.

Reach's secure identity services invoke public service identity, PSI, services that my Department has built in conjunction with Reach to service internal and external requirements for management of the personal public service, PPS, number. This project commenced in June 2004 and it is expected to conclude in the first quarter of 2006.

The estimated development cost of this project was €1.7 million. Payments to date amount to €1.17 million and it is estimated that, due to changes in the scope of the project, the final amount will exceed the original estimate but will remain within currently permitted fixed-price threshold amounts.

My Department is also engaged in the development of a number of computerised administrative systems. One such system is the payment and agency reconciliation project which has the objective of fully reconciling the Department's payments and external agency accounts. Phase 1 of the project, a comprehensive analysis of the business, user and ICT requirements, was completed in the second quarter of 2005. A scoping phase to determine the requirements to be included in a request for tenders for procurement of the new system is under way at present. It is hoped to invite tenders for the building of the new system in 2006. The expected date for project completion is end 2007. The estimated consultancy requirement for 2005 was €55,000, just under €30,000 has been spent in the year to date and no further consultancy expenditure is anticipated this year.

My Department is engaged in the development of the overpayment and debt management, ODM, system. This will provide a central facility to record overpayments that arise in the operation of the Department's schemes and to manage the recovery of the debt arising from any such overpayments. The system will be integrated with a range of scheme systems operated by my Department and will be built using the same approach adopted for the SDM programme to provide a flexible architecture and to enhance the system for users. Modelling of the business requirements is nearing completion and it is planned to commence building the system in 2006. The estimated total cost of this project is €1 million, of which approximately €11,000 has been spent to date in 2005.

A third administrative project is to develop a document, records and information management, DRIM, strategy for subsequent implementation as a set of separate projects. The nature, scope and justification of these further projects will depend on the outcome of the strategy project. The consultancy cost to date is €9,000.

One of the key elements of my Department's modernisation plans is the development of a management information framework, MIF, to facilitate effective resource allocation, planning, programme evaluation and decision making through the provision of financial and non-financial management information. The focus of MIF during 2005 has been on the development of a statistical database that delivers management reports. The production of these reports is being piloted in one of my Department's regions and the roll-out of this system to the remaining regions will commence shortly. Consultancy expenditure on the project for 2005 was estimated to be €50,000 but as the work was carried out using internal resources, no consultancy costs were incurred.

Question No. 88 answered with QuestionNo. 55.

Advocacy Services.

Denis Naughten

Question:

89 Mr. Naughten asked the Minister for Social and Family Affairs when he will introduce the advocacy service for persons with disabilities; and if he will make a statement on the matter. [30867/05]

The introduction of a personal advocacy service for people with disabilities is provided for in the Comhairle (Amendment) Bill 2004, which was published in September 2004 in conjunction with the Disability Bill 2004.

The Bill aims to assign additional and enhanced functions to Comhairle, the national information agency, which will enable it to introduce a personal advocacy service for people with disabilities. The Bill envisages advocacy services as "supporting people with disabilities to identify and understand their needs and options, and to secure their entitlements to social services". Social services are broadly defined. They include health, social welfare, education, family support, housing, taxation, citizenship, consumer matters, employment and training.

The proposed service will provide for the assignment of a personal advocate to assist, support and represent a person with a disability in applying for and obtaining social services and in pursuing any right of review or appeal in connection with those services. It is envisaged that the new personal advocacy service will be introduced early in 2008.

In preparation for the services contained in the Comhairle (Amendment) Bill 2004, Comhairle launched a new programme of advocacy services for people with disabilities in September 2005. This programme will be delivered by 13 organisations based across the country in the voluntary and community sector and it will be funded by Comhairle. The funding will provide trained advocates within the organisations concerned to assist vulnerable people with a disability in addressing their individual needs and options. I propose to bring the Comhairle (Amendment) Bill 2004 before the Houses of the Oireachtas early in 2006.

Question No. 90 answered with QuestionNo. 6.
Question No. 91 answered with QuestionNo. 32.
Question No. 92 answered with QuestionNo. 72.

Consultancy Contracts.

Joe Costello

Question:

93 Mr. Costello asked the Minister for Social and Family Affairs the amount spent by his Department on the hiring or use of outside consultants in each year since 2000; if he is satisfied that this practice represents good value for money; his plans to review the manner in which contracts are awarded to consultants; and if he will make a statement on the matter. [30945/05]

My Department engages consultancy expertise under three main headings: support with a number of strategic multi-annual programmes aimed at enhancing the delivery of the Department's services, for example, the service delivery modernisation programme; technical consultancies relating to the ongoing development of information technology systems; and consultancy assistance in other areas, including policy development, advertising and information.

The amounts paid by the Department on the engagement of consultants in each year since 2000 is are follows:

Year

Total Paid

2000

£1,876,000

2001

£3,605,000

2002

€4,704,000

2003

€1,975,000

2004

€2,822,000

2005 (to end of September)

€2,209,565

These amounts exclude consultancy supports provided for the Reach and the civil registration modernisation programme. These programmes, which were facilitated by my Department, are financed as cross-departmental projects from the information society fund.

Prior to the engagement of consultants, my Department undertakes a rigid procurement process in accordance with public sector procurement guidelines and best practice and the achievement of value for money is the central criterion of the process. Once a preferred bidder has been identified, my Department agrees a contract setting out the scope of the services to be provided by the consultants and the deliverables to be achieved. Contracts are drawn up on the basis of ensuring the Department achieves value for money. In line with such contracts, payments are made in respect of the services and deliverables achieved and provided they meet the requirements of the contract and the expectations of my Department in all respects.

I am satisfied that this process is fully in accordance with public sector procurement guidelines and best practice and that my Department has achieved value for money from the consultancies undertaken.

Question No. 94 answered with QuestionNo. 33.

Social Welfare Benefits.

Joan Burton

Question:

95 Ms Burton asked the Minister for Social and Family Affairs if he will take steps to reinstate the universal entitlement of all children resident here in Ireland to receive the child benefit payment, regardless of the status of the child’s parents; and if he will make a statement on the matter. [30936/05]

From 1 May 2004 the requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit. The effect of the condition is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland.

The question of what is a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on the individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

In accordance with EU regulations, an EEA national who is employed or self-employed in Ireland and subject to the Irish PRSI system, is entitled to child benefit in respect of the members of his or her family, even if the child is residing in another EEA state. I have moved beyond that and extended the payment of child benefit to the spouse of an EEA worker who is employed or self-employed in the State.

Persons who come to Ireland from the EEA to look for employment will not satisfy the condition until they obtain employment in the State. Asylum seekers who have been granted refugee status, or leave to remain in the State on the grounds that they are parents of Irish born children, or humanitarian leave to remain, satisfy the habitual residence condition provided they have lived continuously in the State since refugee status or permission to remain was granted. Asylum seekers who are awaiting a decision on their application for refugee status or who have had their application turned down, do not satisfy the habitual residence condition.

For the period from 1 May 2004 to 21 October 2005, the number of complex cases decided in respect of child benefit was 7,625. Some 6,378 of these, or 84%, were found to satisfy the condition, as were all of the non-complex child benefit claims made in that period. In total, only 1,247 cases have been rejected over the last 18 months on habitual residence grounds.

The operation of the habitual residence condition has been kept under review by officials of my Department since its introduction. The purpose of the review is to assess the impact of the condition on different categories of claimant, the organisational arrangements and the level of service provided to customers, to identify opportunities for improvements in the administration of the scheme, identify emerging policy issues and consider how these should be addressed.

Account is being taken of the views received from various groups and organisations who have an interest in the area. I expect to be in a position to draw conclusions from the review by the end of the year.

Question No. 96 answered with QuestionNo. 55.
Question No. 97 answered with QuestionNo. 32.

Family Support Services.

Seán Crowe

Question:

98 Mr. Crowe asked the Minister for Social and Family Affairs the actions he will take to respond to the recommendations in the One Family pre-budget submission, Achieving Equality and Social Inclusion for All One Parent Families in Ireland. [30750/05]

I was pleased to receive the pre-budget submission recently from the One Family group and to welcome the organisation to my pre-budget forum to hear at first hand the issues raised by its representatives.

The recommendations made by One Family in its pre-budget submission, entitled Achieving Equality and Social Inclusion for All One Parent Families in Ireland, include proposals on access for lone parents to education, training and employment, access to quality early childhood development and ongoing education, support for one-parent and low-income families in meeting their accommodation needs, and addressing the issue of poverty among one-parent families.

I share many of the group's concerns regarding lone parent families. It is generally accepted that for people in working age households, the main route out of poverty is through employment. One of the prime objectives of the one parent family payment is to encourage lone parents to consider a gradual move away from welfare dependency into education, training and employment.

However, I recognise that the issues raised by One Family and the issues concerning lone parents in general are best addressed in an interdepartmental context. It was for this reason that the Government asked the senior officials group on social inclusion late last year to examine the obstacles to employment for lone parents and to report back to the Cabinet committee on social inclusion with specific proposals.

A sub-group of the senior officials group has been examining obstacles to employment for lone parent families, with particular emphasis on income supports, employment, education, child care and support programmes and information.

We must also look closely at income supports and how we can adjust those supports better to address the social problems that can arise for those who receive such payments. In this regard, my Department has established a working group to review the income support arrangements for lone parents.

Issues being addressed include the contingency basis of the one parent family payment, co-habitation, individualisation, maintenance and secondary benefits. A consultation process with social partners and other interested parties, including One Family, was also undertaken to inform the work of the group. The findings of this group are feeding into the work of the senior officials sub-group.

The Cabinet committee on social inclusion has been updated on the progress of both working groups. I will be bringing the final reports to Cabinet shortly with a view to publication in the near future. It is intended that the outcome of these reviews will contribute to the design of proposals with the aim of better supporting and encouraging lone parents to achieve an improved standard of living, employment and education opportunities, and a better future for themselves and their children. These will be the main criteria against which recommendations in the reports will be judged.

I am committed to reforms that will improve the quality of life for lone parents and their children by offering them respect and support while avoiding poverty traps. In this regard, I agree with many of the objectives of One Family and hope that the work currently under way will lead to a satisfactory outcome for one parent families.

Child Care Services.

Bernard J. Durkan

Question:

99 Mr. Durkan asked the Tánaiste and Minister for Health and Children her views on the introduction of financial support for child care in the context of budget 2006; and if she will make a statement on the matter. [31256/05]

Decisions on the issuance of financial support towards the cost of child care are currently under consideration by the Government. This follows the submission to the Cabinet committee on children of a set of policy options developed by the high level working group on early childhood care and education chaired by the National Children's Office, NCO, which is under my remit.

The high level working group on early childhood care and education was established by the Cabinet committee on children in June 2003. The director of the NCO chairs the group. The group's terms of reference are "to recommend an integrated national policy on child care and early education, which will result in improved co-ordination at national and local level and which incorporates a child-centred approach to service delivery".

Members of the group initially comprised representatives from the Department of Education and Science, the Department of Health and Children, the Department of Justice, Equality and Law Reform, the Department of Social and Family Affairs, and the centre for early childhood development and education.

In April 2005, the high level working group prepared an interim report for the Cabinet committee. At that stage, it was agreed that the Department of Finance and the Department of Enterprise, Trade and Employment should join the group. The Department of the Taoiseach has also liaised closely with the group.

A second interim report was prepared for the Cabinet committee in July 2005. The Cabinet committee on children received the options paper from the group in early October and this is being considered at present.

Pension Provisions.

Paul Kehoe

Question:

100 Mr. Kehoe asked the Tánaiste and Minister for Health and Children her views on the situation whereby retired nurses who paid into pensions, with their own money are having their pensions abated, and the funds put aside for their retirement are being taken from them as a penalty for providing the health services with their nursing skills; the measures she is taking to address the matter; and if she will make a statement on the matter. [31060/05]

Paul Kehoe

Question:

101 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the position regarding retired nurses having sums deducted from their pension after working to provide locum cover; the action she will take to stop these deductions; and if she will make a statement on the matter. [31061/05]

The Pensions (Abatement) Act 1965 provides for the suspension or reduction of an allowance or pension where, after retirement, a scheme pensioner is employed in an agency or organisation in which the superannuation scheme paying the pension applies. The application of abatement provisions is set out in section 113 of the Local Government Superannuation (Consolidation) Scheme, Article 19 of the Nominated Health Agencies Superannuation Scheme and Article 30 of the Voluntary Hospitals Superannuation Scheme.

Remuneration plus pension for the specified period of employment should not exceed the up-rated remuneration for the post from which the pensioner retired.

My Department has recently reviewed the provisions relating to the application of abatement to public health service pensions. Employers have now been advised of alterations to the application of these provisions. I will forward a copy of the relevant circular to the Deputy under separate cover.

Nursing Home Subventions.

John Perry

Question:

102 Mr. Perry asked the Tánaiste and Minister for Health and Children the instructions which have been issued to the Health Service Executive north western area regarding the implementation of legislation to cover the charging of long stay charges; when same was issued as lack of clear instructions mean that all former health board areas are at a loss of millions in revenue every month and contribute to difficulties in provision of existing health care services nationwide; the reason for the delay in implementing such a critical issue for the nation as a whole; and if she will make a statement on the matter. [31086/05]

The charging for long-stay care under the Health (Amendment) Act 2005 is being implemented by way of the Health (Charges for In-Patient Services) Regulations 2005. These regulations were signed on 14 June 2005 and re-instated charges for inpatient services as well as providing for the levying of a charge in respect of the maintenance of persons in receipt of inpatient services. The regulations were prepared following extensive consultation with the HSE and others.

Section 53 of the Health Act 1970, as amended by the Health (Amendment) Act 2005, provides, inter alia, for the levying of a charge where inpatient services have been provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months.

In this regard, charging of patients in long-term care commenced on 14 July 2005, which was after the expiration of 30 days after the regulations were signed. Provision will be made this year for the HSE's shortfall in revenue resulting from the absence of charges for long-term care between 9 December 2004 and 14 July 2005 and for any changes in the nature of the charges since that date.

In keeping with section 53 of the Health Act 1970, as amended, the regulations have provided for two different classes of persons on whom charges can be levied.

Class 1 refers to people in receipt of inpatient services on premises where nursing care is provided on a 24-hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser.

Class 2 refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24-hour basis on those premises. In this situation, a weekly charge can be levied of €90 or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser.

These regulations provide for the maximum charge to be levied on either class of person. The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under section 1(b) of the Health (Amendment) Act 2005, the HSE can examine a person’s overall financial situation in view of the person’s reasonable expenditure concerning themselves or their dependants, if any.

The management and delivery of health and personal social services are the responsibility of the HSE under the Health Act 2004. It is a matter for the HSE, based on its own legal advice and taking into account the individual circumstances as well as the service being provided, to make a decision on any charges levied.

Health Service Staff.

John Perry

Question:

103 Mr. Perry asked the Tánaiste and Minister for Health and Children the training procedures, job specification and job description for each of the Health Service Executive areas in relation to the home help services; and if she will make a statement on the matter. [31088/05]

The Deputy's question relates to human resource management issues within the Health Service Executive. As this is a matter for the executive under the Health Act 2004, 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.

Speech and Language Therapy.

John Perry

Question:

104 Mr. Perry asked the Tánaiste and Minister for Health and Children the funding she has provided for speech and language therapy services in Sligo and Leitrim for 2003, 2004 and to date in 2005; and if she will make a statement on the matter. [31090/05]

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.

Housing Aid for the Elderly.

Pat Breen

Question:

105 Mr. P. Breen asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 170 of 5 October 2005, when repairs will be carried out to a house under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [31095/05]

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. 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 this matter investigated and to have a reply issued directly to the Deputy.

Health Service Funding.

John Perry

Question:

106 Mr. Perry asked the Tánaiste and Minister for Health and Children her plans to increase funding for violence against women to address the underfunding of these services; if she has received the submission by the National Coalition Violence Against Women which outlines the issues and the needed allocation of moneys for support services; the steps she will take to ensure the increased and adequate funding of frontline services which provides for women who are victims of violence; and if she will make a statement on the matter. [31097/05]

I have received a significant number of submissions and representations on this issue. 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 now over €12 million is provided annually for the provision of such services. The distribution of this funding is now a matter for the Health Service Executive.

The Tánaiste asked the HSE to carry out an analysis of the current level of service provision in this area and to report back to her. The Tánaiste is awaiting this report with interest and will be further informed by its findings.

Housing Aid for the Elderly.

Liam Aylward

Question:

107 Mr. Aylward asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that the rate of grant under the housing aid for the elderly scheme as administered by the Health Service Executive varies in different areas of the south east region; the reason the rate of grant is not uniform in each area; and if she will make a statement on the matter. [31135/05]

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. 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 this matter investigated and to have a reply issued directly to the Deputy.

EU Directives.

Ruairí Quinn

Question:

108 Mr. Quinn asked the Tánaiste and Minister for Health and Children the number of EU directives within her Department’s competency which have not been transposed into law; the number of warning letters received by her Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in her Department; and if she will make a statement on the matter. [31143/05]

The Deputy will find the latest position on directives awaiting transposition by the Department of Health and Children as set out in the following table. The process transposing four directives has not yet been completed. In one case the process has been delayed by legal action. In two cases with an end-October deadline the drafting is almost complete. It is complete in the remaining case where the Statutory Instrument is ready for signature.

Together with my colleagues in Government, I am conscious of the need to ensure Ireland's treaty commitments are met by transposing EU legislation as required. In this context the Department of Health and Children continues to make every effort, within its available resources, to ensure that relevant EU measures are transposed into Irish law in a timely manner.

With regard to the more detailed historical information sought for the period 1997-2005, the available information will be collated and forwarded to the Deputy as soon as possible.

Directive

Title

Note

Directive 2003/33

Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products

The Tobacco Advertising Directive (2003/33/EC) was transposed into Irish law by means of the Public Health (Tobacco)(Amendment) Act 2004. This Act, which was enacted in March 2004, is being challenged by the international tobacco industry in the Irish Courts and as a result of this legal challenge Ireland is not in a position to commence all sections of the Act. A comprehensive ban on tobacco advertising and sponsorship has been in place in Ireland since July 2000. This legislation includes the requirements of Directive 2003/33/EC and also prohibits tobacco advertising in cinemas, on billboards and tobacco sponsorship at national events which are not included in the Directive.

Directive 2004/24

Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use.

The deadline for the transposition of this Directive is the end of October. The drafting of the Statutory Instrument is at an advanced stage

Directive 2004/27

Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use.

The deadline for the transposition of this Directive is the end of October. The drafting of the Statutory Instrument is at an advanced stage

Directive 2005/9

Commission Directive 2005/9/EC of 28 January 2005 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annex VII thereto to technical progress

The drafting of the S.I. has recently been completed and it will be signed shortly.

Cancer Screening Programme.

Kathleen Lynch

Question:

109 Ms Lynch asked the Tánaiste and Minister for Health and Children the number of persons waiting for a mammogram at the breast clinic at the South Infirmary-Victoria Hospital in Cork; the average waiting time for mammogram at this clinic; the longest period that a person has had to wait for a mammogram at the clinic; and if she will make a statement on the matter. [31178/05]

The information requested by the Deputy is not collated by my Department. 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 these matters investigated and to have a reply issued directly to the Deputy.

Sheltered Accommodation.

Richard Bruton

Question:

110 Mr. Bruton asked the Tánaiste and Minister for Health and Children if the refund of charges unlawfully deducted applies to sheltered accommodation for persons with disabilities, psychiatric hospitals, psychiatric sheltered accommodation in the community; the precise basis for deciding the cases in which refunds are due; and if she will make a statement on the matter. [31179/05]

The Government has agreed the key elements of a scheme for the repayment of long-stay charges for publicly funded residential care. All those fully eligible persons who are alive, including those with disability or psychiatric illness, who were illegally charged for publicly-funded, long-term residential care will have the charges repaid in full.

The estates of all those who were so charged and died in the six years prior to 9 December 2004, will have the charges repaid in full. The scheme will not allow for repayments to the estates of those who died more than six years ago.

Hospital Accommodation.

Pádraic McCormack

Question:

111 Mr. McCormack asked the Tánaiste and Minister for Health and Children if the necessary finance is available for the construction of a six bedroom observation ward at the psychiatric unit at University College Hospital, Galway; and if she will make a statement on the matter. [31184/05]

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.

Pádraic McCormack

Question:

112 Mr. McCormack asked the Tánaiste and Minister for Health and Children if the necessary finance is available to the Health Service Executive Western Region for the opening of hostels in Galway city to alleviate the pressure on the psychiatric unit, at University College Hospital, Galway; and the number of bed places in hostels which are empty pending appointment of necessary staff to run the hostels. [31185/05]

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.

Hospital Charges.

Brian O'Shea

Question:

113 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to ask the Health Service Executive to review the long stay charges national guidelines regarding levying a charge on persons for long stay inpatient services, where persons with an intellectual, physical or mental disability are residing in community type residences, bearing in mind that in a substantial number of cases these persons return to family homes at the weekend and in general can be left short of money for ordinary requirements; and if she will make a statement on the matter. [31212/05]

Section 53 of the Health Act 1970, as amended by the Health (Amendment) Act 2005, provides, inter alia, for the levying of a charge where inpatient services have been provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months.

The Health (Charges for In-Patient Services) Regulations 2005 were signed on 14 June 2005. These regulations re-instate charges for inpatient services. In this regard, charging for patients in long-term care did not commence until the expiration of 30 days after the regulations were signed, which means that charges were levied from 14 July 2005.

These regulations provide for the levying of a charge in respect of the maintenance of persons in receipt of inpatient services. Section 51 of the Health Act 1970 defines inpatient services as meaning "institutional services provided for persons while maintained in a hospital, convalescent home or home for persons suffering from physical or mental disability or in accommodation ancillary thereto".

In keeping with section 53 of the Health Act 1970, as amended, the regulations have provided for two different classes of persons on whom charges can be levied.

Class 1 refers to people in receipt of inpatient services on premises where nursing care is provided on a 24-hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser.

Class 2 refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24-hour basis on those premises. In this situation, a weekly charge can be levied of €90 or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser.

These regulations provide for the maximum charge to be levied on either class of person. The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under section 1(b) of the Health (Amendment) Act 2005, the HSE can examine a person’s overall financial situation in view of the person’s reasonable expenditure in relation to themselves or their dependants, if any.

It is a matter for the HSE, based on its own legal advice and taking into account the individual circumstances as well as the service being provided, to make a decision on charges.

Hospital Accommodation.

Caoimhghín Ó Caoláin

Question:

114 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that 1,137 appointments at Letterkenny General Hospital had to be cancelled in the first half of 2005 due to the ongoing bed shortage at the hospital and that the average bed occupancy throughout 2005 in the hospital has been 105%, with patients at times on trolleys in the coffee dock of the hospital; when the management of the hospital will be granted the 70 extra beds that are urgently required; when she will meet with the union representatives of the staff at the hospital to discuss this crisis; and if she will make a statement on the matter. [31214/05]

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.

Hospital Services.

John Deasy

Question:

115 Mr. Deasy asked the Tánaiste and Minister for Health and Children if she has received a proposal from the Health Service Executive to implement the 2003 recommendation from Comhairle na n-Ospidéal that a neurological service was urgently required in the south east region and that two consultant neurologists should be appointed to Waterford Regional Hospital; if her attention has been drawn to the fact that there are 55,000 people in the former South Eastern Health Board area requiring neurological services (details supplied); and if she will make a statement on the matter. [31265/05]

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

The Comhairle report on neurology and neurophysiology, which was published in April 2003, recommended significant enhancement of these services, including the appointment of consultants in Waterford. Following the report's publication, my predecessor endorsed the report's recommendations and wrote to all the health boards urging them to progress the recommendations as available funding permitted.

Additional revenue funding was made available in 2005 to support the development of neurology-neurophysiology services in a number of regions, having regard to agreed priorities. The continuing development of the services is a matter for the Health Service Executive, having regard to available funding. Accordingly, my Department will request the parliamentary affairs division of the executive to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

Róisín Shortall

Question:

116 Ms Shortall asked the Tánaiste and Minister for Health and Children the date when the medical card guidelines which allowed eligibility to be determined with reference to child care costs first became effective; if they are yet effective; the way the Health Service Executive operates such a scheme if, as confirmed by letter from the Health Service Executive in response to Parliamentary Question No. 77 of 13 October 2005, the national assessment guidelines for staff are not yet issued. [31268/05]

On 23 June 2005 I announced a number of improvements to the way in which people's income would be assessed for the purposes of medical card eligibility. I indicated that henceforth assessments would be made on the basis of applicants' disposable income, after deduction of income tax and social insurance contributions, and that reasonable expenses for house mortgage or rental payments, child care and travel to work costs would be allowed. These changes became operative from the date of their announcement.

I understand that the HSE's letter to the Deputy dated 14 October 2005 refers to the draft national assessment guidelines for staff. I further understand that this is an operational manual being developed by the HSE under the national schemes modernisation project and that it will formally codify at a national level the system for assessing medical card and GP visit card applications. It will not involve any change to the income guidelines. Applications for medical cards and GP visit cards are being processed in line with the revised assessment arrangements.

Health Services.

Michael Lowry

Question:

117 Mr. Lowry asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 232 of 4 October 2005 and to correspondence of 8 and 29 August 2005; when a comprehensive response will be issued to a group (details supplied); and if she will make a statement on the matter. [31272/05]

I have been informed by the Health Service Executive that a response has issued in respect of the matter raised by the Deputy in Parliamentary Question No. 232 of 4 October 2005.

Hospital Services.

Richard Bruton

Question:

118 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she has carried out a cost benefit analysis of the proposal to build private hospitals in the grounds of public hospitals. [31274/05]

Richard Bruton

Question:

131 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she will seek a full market price for lands made available for the construction of private hospitals on the grounds of public hospitals. [31302/05]

Richard Bruton

Question:

132 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she has carried out an estimate of the impact on the public elective throughput, the accident and emergency throughput, and the financial resources of public hospitals of closing off access to private patients to public hospitals on campuses where private hospitals are developed. [31303/05]

Richard Bruton

Question:

133 Mr. Bruton asked the Tánaiste and Minister for Health and Children her plans to set specific requirements in respect of the specialties that must be provided in private hospitals built on the grounds of public hospitals. [31304/05]

I propose to take Questions Nos. 118 and 131 to 133, inclusive, together.

The Government is committed to exploring fully the scope for the private sector to provide additional capacity. The health strategy recognises that additional capacity will be provided in the future by a combination of public and private providers.

In July this year, my Department issued a policy direction to the Health Service Executive which is aimed at freeing up additional beds for public patients in public hospitals through the development of private hospital facilities on public hospital sites. The initiative will provide up to 1,000 additional beds for public patients over the next five years.

No patients will be excluded from public hospitals by virtue of this initiative and the services of private hospitals will have to be available for purchase, if required, on behalf of public patients.

Attached to the policy direction was an assessment framework which the HSE has been requested to follow in regard to proposals to locate private hospital facilities on public hospital sites. It requires that the evaluation should have regard to a detailed assessment of need, and existing and planned capacity on a particular site and within the relevant region. It should also provide for a rigorous value for money assessment of any proposal which would take account of the value of the public site and the cost of any tax expenditure. In addition, it will make clear the need for adherence to public procurement law and best practice.

The Health Service Executive, HSE, has been asked to begin to develop an implementation plan which will identify where these private facilities might be located and to prioritise proposals with reference to the public hospitals' requirement for additional bed capacity.

Brian O'Shea

Question:

119 Mr. O’Shea asked the Tánaiste and Minister for Health and Children when the national radiation oncology co-ordinating group will provide advice to the Health Service Executive on solutions regarding designated transport for patients. [31276/05]

Brian O'Shea

Question:

120 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to provide designated funding to ensure equal access to radiotherapy for all cancer patients requiring same. [31277/05]

Brian O'Shea

Question:

121 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her views on whether delays in the provision of radiotherapy treatment will halve survival rates for cancer patients; and the priority she will give to designated nationwide transport. [31278/05]

Brian O'Shea

Question:

123 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her views on the fact that 21% of cancer patients here are receiving radiotherapy when the European uptake is 60%; and her plans to fast track the provision of radiotherapy facilities. [31280/05]

Brian O'Shea

Question:

127 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the way in which Waterford Regional Hospital should proceed with its proposal for the development of radiotherapy services in view of her commitment to significantly develop radiotherapy services earlier than 2011; and if she will make a statement on the matter. [31284/05]

I propose to take Questions Nos. 119 to 121, inclusive, 123 and 127 together.

The Government is committed to making the full range of cancer services available and accessible to cancer patients throughout Ireland in accordance with best international practice.

In 2004, approval was granted for €15 million full-year funding to open the new radiotherapy department in Galway and to expand capacity in Cork. The new radiation oncology department at University College Hospital, Galway, commenced treatments in March 2005. In Cork University Hospital, the third linear accelerator commenced treatments in March 2005 and the fourth linear accelerator commenced treatment on 10 October 2005.

The Government agrees that a major programme is now required to rapidly develop clinical radiation oncology treatment services to modern standards. In this regard, 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. This will mean an investment in additional capacity to the equivalent of 23 additional linear accelerators. The capital investment involved will be approximately €480 million, with most of it funded through PPP over the period to 2011. Indicative revenue costs which will not arise until 2008 are of the order of €72 million.

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 already met the Minister for Health of Northern Ireland, Mr. Shaun Woodward, MP, to discuss access by patients mainly in the north west to radiation oncology services at Belfast City Hospital. This state-of-the-art facility is scheduled to open in March 2006. I will be meeting again with Minister Woodward to further progress the Government's position on radiation oncology. Officials of my Department will also be meeting shortly with officials from the Department of Health, Social Services and Public Safety, Northern Ireland.

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, HSE. 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 current provision of radiation oncology services and will form part of the planning and implementation of the new national plan, given the significant increase in capacity involved.

The national radiation oncology co-ordinating 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. My Department has asked the HSE to advise the Deputy directly in regard to current and proposed transport arrangements for oncology patients nationally.

Brian O'Shea

Question:

122 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the proposals of the Health Service Executive to seek tenders or expressions of interest to develop a private radiotherapy facility at Waterford Regional Hospital. [31279/05]

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 this matter investigated and to have a reply issued directly to the Deputy.

Question No. 123 answered with QuestionNo. 119.

Cancer Screening Programme.

Brian O'Shea

Question:

124 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the developments which have taken place to ensure that BreastCheck is available in the south and west in January 2007; and if she will make a statement on the matter. [31281/05]

The roll out of the national breast screening 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 two new clinical units, one at the South Infirmary-Victoria Hospital, Cork and one at University College Hospital, Galway. It is anticipated that, subject to obtaining satisfactory planning approval, the design process including the preparation of the tender documentation will be completed by mid-2006.

I understand that the National Hospital Office-Comhairle board recently approved in principle 12 consultant posts required for the national roll out. The board is seeking clarification from BreastCheck in regard to sessional commitments of a number of posts. Discussions are also taking place, involving my Department, on the revenue consequences of these posts.

There are approximately 130,000 women in the target population for screening in the southern and western regions. BreastCheck is confident that the target date of 2007 for commencement of the roll out will be met. This will ensure that all women in the 50 to 64 age group in every county have access to breast screening and follow-up treatment where appropriate.

Brian O'Shea

Question:

125 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the outcome of the cervical cancer screening trial programme in the mid-west region; her proposals regarding cervical cancer screening; and if she will make a statement on the matter. [31282/05]

A pilot cervical screening programme commenced in October 2000 and is available to eligible women resident in counties Limerick, Clare and Tipperary north. Under the programme, cervical screening is being offered, free of charge, to approximately 74,000 women in these three counties in the 25 to 60 age group, at five year intervals. I am committed to the national roll out of the cervical screening programme in line with international best practice.

An international expert examined the feasibility and implications of a national roll out of a cervical screening programme. The examination included an evaluation of the current pilot programme, quality assurance, laboratory capacity and organisation and the establishment of national governance arrangements. Following the publication of this report my Department undertook a consultative process with relevant professional and advocacy stakeholders. The consultative process is completed and my Department will now discuss options for the roll out of the programme with the Health Service Executive.

Health Services.

Brian O'Shea

Question:

126 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the priority she will seek for cancer services in budget 2006 in view of the fact that one in three of the population will be diagnosed with cancer and that one in four will die of cancer; and if she will make a statement on the matter. [31283/05]

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 over 100 additional consultant posts in key areas of cancer care throughout the country. 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.

The Government is committed to making the full range of cancer services available and accessible to cancer patients throughout Ireland in accordance with best international standards. It is important to build teams of highly expert clinicians working together to deliver top quality cancer care to patients. To this end, we will provide considerable investment in oncology services in the coming years.

The national cancer forum is currently finalising a new national cancer strategy. The strategy has been developed in consultation with major stakeholders, including professional, voluntary groups and the general 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 regard to a balanced organisation of cancer services nationally, with defined roles for hospitals in the delivery of cancer care. I expect the forum to submit the new strategy to me by the end of this year.

Question No. 127 answered with QuestionNo. 119.

Richard Bruton

Question:

128 Mr. Bruton asked the Tánaiste and Minister for Health and Children her estimate of the difference in cost efficiency of publicly and privately run nursing homes. [31299/05]

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.

Richard Bruton

Question:

129 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she has conducted an assessment of the need for new nursing home, convalescence and step-down facilities; and if the detailed gaps are used by her to provide information to the Department of Finance on the specification of tax relief for this sector. [31300/05]

The Mercer report on the future financing of long-term care in Ireland, which was commissioned by the Department of Social and Family Affairs, examined all issues surrounding the financing of long-term care. Following on the publication of this report, a working group chaired by the Department of the Taoiseach and comprising senior officials from the Departments of Finance, Health and Children and Social and Family Affairs has been established.

The objective of this group is to identify the policy options for a financially sustainable system of long-term care, including improvements in community care, taking account of the Mercer report, the views of the consultation that was undertaken on that report and the review of the nursing home subvention scheme by Professor Eamon O'Shea. I understand that the group is addressing the issue of residential care for older people. This group will be reporting to the Tánaiste and to the Minister for Social and Family Affairs, Deputy Brennan, shortly.

Hospital Accommodation.

Richard Bruton

Question:

130 Mr. Bruton asked the Tánaiste and Minister for Health and Children the proportion of admissions in Dublin hospitals with accident and emergency capacity which is made up of patients admitted through accident and emergency; and the percentage of total bed capacity in these hospitals which is occupied by accident and emergency admissions. [31301/05]

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.

Questions Nos. 131 to 133, inclusive, answered with Question No. 118.

Tax Code.

Liz McManus

Question:

134 Ms McManus asked the Minister for Finance if money raised on the sale of properties at a plant (details supplied) in Arklow, County Wicklow will be subject to tax; the amount which will be subject to tax; the amount which will be retained by the State in tax; and if he will make a statement on the matter. [31120/05]

I am advised by the Revenue Commissioners that for confidentiality reasons they are not in a position to comment on the tax affairs of any customer.

Departmental Programmes.

Beverley Flynn

Question:

135 Ms Cooper-Flynn asked the Minister for Finance the underspend in the BMW region to date in 2005 under the National Development Plan 2000-2006; the breakdown of budgeted and actual expenditure applying to each of the specific programmes under the plan; his plans to address the underspend in each programme; and the projected final outturn. [31078/05]

Table 1 sets out the indicative expenditure profiles and the estimated expenditure incurred under each operational programme in the BMW region. Table 2 sets out the indicative expenditure profiles and estimated expenditure by the Exchequer for the same period in the BMW region for each operational programme. The expenditure data presented in the tables relate to the period January 2000 to the end of June 2005. These are the latest data reported to the operational programme monitoring committees. The 2005 annual expenditure profiles have been reduced by half in calculating the profile but the Deputy will be aware that significant expenditure, particularly Exchequer expenditure, takes place in the latter half of the year. The position will become clearer when data are available for the full calendaryear.

Table 1 — Total Profiled and Estimated Expenditure in BMW Region from January 2000 to the end of June 2005.

Operational Programme

Profile

Expenditure

Expenditure versus Profile

€m

€m

%

Economic and Social Infrastructure

5,319

4,514

85

Employment & Human Resources Development

3,378

3,156

93

Productive Sector

2,030

692

34

Border, Midlands & Western Regional Programme

3,168

1,946

61

PEACE II & Technical Assistance

145

86

59

Total Expenditure

14,040

10,390

74

Profiles and Expenditure data include all NDP sources of funding: Exchequer, EU andprivate.

The vast bulk of NDP spending is financed by the Exchequer. Table 2 sets out the position at end the of June 2005 in regard to Exchequer expenditure.

Table 2 — Profiled and Estimated Exchequer Expenditure in BMW Region from January 2000 to the end of June 2005.

Operational Programme

Profile

Expenditure

Expenditure versus Profile

€m

€m

%

Economic and Social Infrastructure

3,756

3,633

97

Employment and Human Resources Development

3,238

2,903

90

Productive Sector

1,663

514

31

Border, Midlands & Western Regional Programme

2,542

1,557

61

PEACE II & Technical Assistance

248

111

45

Total Exchequer Expenditure

11,447

8,717

76

As the Deputy will note from the data presented in table 2, the Exchequer contribution to the key economic and social infrastructure operational programme, ESIOP, is very near to profile. Performance on the employment and human resource operational programmes, EHROP, is also on course.

The performance of the productive sector and the regional operational programme remains disappointing due a number of factors already outlined in previous replies. These range from poor demand for a number of schemes, particularly in the agricultural sector and research and development, to initial over profiling of expenditure in the region, and poorer than expected private sector involvement. This underspend is also a feature in the southern and eastern region.

As regards final outturn, I expect the ESIOP and EHROP to be close to target but the productive sector and regional programme will be below profile for the reasons set out above.

Decentralisation Programme.

Beverley Flynn

Question:

136 Ms Cooper-Flynn asked the Minister for Finance the position regarding the promised decentralisation of Government offices to Claremorris. [31079/05]

The Office of Public Works is well advanced on the selection of a suitable site in Claremorris. The indicative timeframe for the completion of the construction of the new building in Claremorris is in early 2009.

Tax Code.

John Perry

Question:

137 Mr. Perry asked the Minister for Finance his plans to increase the VAT threshold of €25,500 for bed and breakfasts as it has remained at this level for 15 years and does not the seem to have been reviewed to keep in line with inflation; and if he will make a statement on the matter. [31085/05]

The position is that traders making supplies in the State are obliged to register for VAT where certain turnover thresholds are exceeded or are likely to be exceeded in any continuous period of 12 months. The current VAT registration threshold of €25,500 for suppliers of services, referred to by the Deputy, has been in place since 1994. Businesses with a turnover below this threshold can of course register for VAT and those in the service sector in particular frequently choose to do so for business reasons.

On the question of increasing the current thresholds, the position is that, under the EU sixth VAT directive, with which Irish VAT law must comply, member states may only increase thresholds in line with inflation. However, if the services threshold were increased in line with the consumer price index since 1994, the €25,500 threshold would need to be increased to approximately €35,000. The cost involved would be €20 million in a full year.

It is not customary for me to comment on any possible changes to thresholds that may, or may not, arise in the context of the forthcoming budget.

Disabled Drivers.

Joe Costello

Question:

138 Mr. Costello asked the Minister for Finance if he will amend the Disabled Drivers and Disabled Passengers (Tax Concession Scheme) SI No. 353 of 1994 to enable blind passengers to benefit from the scheme; and if he will make a statement on the matter. [31115/05]

A special interdepartmental review group reviewed 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 at administrative and user levels, and to consider the feasibility of alternative schemes, with a view to assisting me 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, among other things, the qualifying medical criteria. The report 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.

In respect of the long-term recommendations, which would involve reforming the medical qualifying criteria, given the scale and scope of the scheme further changes can only be made after careful consideration. For this reason, as agreed by the Government in June 2004, I will 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 remind the Deputy that disability was one of the priority areas where I substantially increased investment in budget 2005.

Price Inflation.

John Perry

Question:

139 Mr. Perry asked the Minister for Finance his plans regarding the International Monetary Fund’s assessment of the economy where inflation reached a two-year high, and where the rate in Government-controlled sectors rose six times as fast again, and where, in education, health and household services, the inflation rate in the past 12 months has been 2.5 times higher than in the rest of the EU; his plans to redress this matter; and if he will make a statement on the matter. [31126/05]

I welcome the IMF assessment of the Irish economy's performance and prospects. I am pleased that the IMF has commented favourably on the continuing impressive performance of Ireland's economy, which it states is based on maintaining sound economic policies.

Our inflation rate is broadly in line with that in the EU, contrary to what the Deputy says. It is 2.8% compared to 2.5% on the harmonised basis for September 2005. The recent increase in inflation is due to the spike in oil prices and has little to do with Government action. Since January 1997, tax-induced inflation has been a relatively small element, amounting to around 5.5 percentage points out of a 33.8% total increase as measured by the CSO constant tax price index.

As the Deputy conveniently forgets, I made no changes to indirect taxes in the last budget. This decision played a significant role in keeping consumer price inflation at the low level we had successfully brought it down to in 2004.

EU Directives.

Ruairí Quinn

Question:

140 Mr. Quinn asked the Minister for Finance the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non-transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31144/05]

In order to prepare a reply to the Deputy's question, it has been necessary to gather material from sections throughout my Department. Unfortunately, it has not been possible to assemble and check all the material adequately in the time available. I will write to the Deputy with the remainder of the information sought at the earliest opportunity. I am, however, able to give the following material at this time.

There is no directive for which my Department is responsible where transposition is currently overdue, that is where the relevant deadline has passed without the directive being transposed. 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: 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 and this deadline is expected to be met; 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; Council Directive 2004/17/EC — revised utilities sector procurement directive. This directive co-ordinates the procurement procedures of entities operating in the water, energy, transport and postal services sector. The deadline for implementation is 30 January 2006; Council Directive 2004/39/EC — markets in financial instruments directive, MIFID. This directive allows investment firms to provide their services across the EU on the basis of their home country authorisation, that is, it will give them an effective single passport. The deadline for implementation is 30 April 2006. 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 listed directives.

Tax Collection.

Bernard J. Durkan

Question:

141 Mr. Durkan asked the Minister for Finance the correct tax free allowance, tax credits, allowances, refunds due to or payable by a person (details supplied) in County Kildare for the past three years; and if he will make a statement on the matter. [31189/05]

Bernard J. Durkan

Question:

142 Mr. Durkan asked the Minister for Finance if a review can or will take place in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31190/05]

I propose to take Questions Nos. 141 and 142 together.

I have been advised by the Revenue Commissioners that the PAYE balancing statements for the years 2002, 2003 and 2004, which issued to the taxpayer on 12 October 2005, show the correct tax credits due to him for each of the past three years. The final reconciliation on each statement also shows how each overpayment or underpayment has been refunded or offset against outstanding arrears.

I have also been advised that the taxpayer was sent appropriate information on 25 October 2005 to enable him to consider the options available to him in seeking a review of his case, should he wish to pursue such a course of action.

Tax Yield.

Paul McGrath

Question:

143 Mr. P. McGrath asked the Minister for Finance the number of PAYE workers and self-employed who pay benefit-in-kind on company cars in each of the past five years; and the yield to the Exchequer on this tax for each of those years. [31234/05]

I am informed by the Revenue Commissioners that the information requested by the Deputy in respect of benefits-in-kind arising from the provision of cars and vans in each of the four years up to 2003, the latest year for which the relevant figures are available, is set out in the following table.

Benefits-in-kind: tax yield for cars and vans.

Year

Numbers

Estimated tax yield

€m

2000-01

45,000

79.2

2001 (short tax “year”)

43,500

56.2

2002

45,300

82.7

2003*

43,200

83.1

2004

Not available

Not available

*Provisional and likely to be revised.

With effect from 1 January 2004, employers are required to account for PAYE, PRSI and health contributions on the taxable value of certain benefits-in-kind and other non-cash benefits provided by them to their employees. Provision was made for the return of this information in the form P35 for 2004 due for filing by employers in February 2005. It is hoped that these data can be made available in the first quarter of 2006 following enhancements to the Revenue computer system to enable this data capture and reporting. The above figures include income earners whose main source of income is assessable to tax under schedule D — self-employed — but who also have income from an employment subject to PAYE in respect of which a benefit-in-kind arises.

It should be noted that as PAYE taxpayers were charged to tax on their earnings in the period 6 April to 31 December 2001 and self-employed taxpayers were assessed to tax for the short year on 74% of the profits earned in a 12-month accounting period, the yield figures will not be directly comparable with those of earlier or later years.

Salary Statistics.

Paul McGrath

Question:

144 Mr. P. McGrath asked the Minister for Finance the ten most popular occupations or professions in respect of PAYE workers earning more that €200,000 per annum. [31235/05]

Paul McGrath

Question:

145 Mr. P. McGrath asked the Minister for Finance the ten most popular occupations or professions in respect of self-employed persons earning more than €200,000 per annum. [31236/05]

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

I am informed by the Revenue Commissioners that the latest relevant sector-based information available on employees taxed under the PAYE system and self-employed persons taxed under the self-assessment system is derived from income tax returns filed for the income tax year 2002. It is not possible at present to provide the information sought for a more recent year if the data are to be reasonably accurate.

The sector identifier used on the tax records is based on the four-digit NACE code (Rev. 1), which is an internationally recognised economic activity code system. On this basis, the information requested is as follows:

Gross income exceeding €200,000 by NACE economic activity code 2002.

Employees.

Sector (economic activity code)

Number of income earners with gross income exceeding €200,000

Cases where no sector identified (9991)

981

Letting of own property (70.20)

419

Medical practice activities (85.12)

287

Monetary intermediation (65.12)

213

General construction of buildings and civil engineering works (45.21)

207

Business and management consultancy activities (74.14)

131

Architectural and engineering activities and related technical consultancy (74.20)

128

Other business activities n.e.c. (74.87)

114

Hospital activities (85.11)

109

Activities auxiliary to insurance and pension funding (67.20)

105

Self-Employed.

Sector (economic activity code)

Number of income earners with gross income exceeding €200,000

Legal activities (74.11)

1,248

Medical practice activities (85.12)

929

Cases where no sector identified (9991)

636

Accounting, book-keeping and auditing activities; tax consultancy (74.12)

420

Letting of own property (70.20)

345

Dental practice activities (85.13)

186

Architectural and engineering activities and related technical consultancy (74.20)

154

Farming (190)

146

Hospital activities (85.11)

134

Dispensing chemists (52.31)

95

Employees and self-employed are classified for this purpose according to their main source of income.

The NACE codes are not essential for the assessment and collection of taxes and duties and the correct allocation and maintenance of these codes is subject to the limit of available resources. The economic sector breakdown on Revenue records is based on details recorded using information supplied by income earners or their employers at some point in the past.

Some of that information may have been incorrect or misinterpreted in the first instance, or may not have been subsequently updated as necessary. For these reasons, some of the economic sector codes on tax records are likely to be out of date or inaccurate and the reliability of the figures for the sectors currently provided will be limited to that extent.

A married couple who has elected or who has been deemed to have elected for joint assessment is counted as one tax unit and their incomes are aggregated in the statistics.

Paul McGrath

Question:

146 Mr. P. McGrath asked the Minister for Finance the number of PAYE workers and self employed workers who have incomes of €200,000, €200,000-€400,000, €400,000-€600,000, €600,000-€1,000,000 or over €1 million who paid tax at the 20% rate of tax and paid no income tax at all. [31237/05]

I am informed by the Revenue Commissioners that the most recent basic data on incomes available from which information of the type requested by the Deputy could be derived are in respect of the income tax year 2002 and are set out the following tables. For completeness, the numbers of income earners liable for tax at the top rate of 42% are also included.

A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit. Married couples and individuals with income chargeable to tax under both schedules E and D have been classified in the attached tables by reference to the schedule under which the larger amount of income is taxable.

The designation of a tax rate to an income earner in the tables is based on identifying the top tax rate applying to the taxable income of each earner. To arrive at the figure for taxable income, the gross income is reduced by various relevant deductions and allowances such as capital allowances, losses, allowable expenses and retirement annuities. In some cases, these will reduce the taxable income to nil. The information on incomes is based on income returns on Revenue records at the time the data were compiled for analytical purposes, representing about % of all returns expected.

INCOME TAX 2002.

Numbers of mainly PAYE income earners with incomes exceeding €200,000.

Range of Gross Income *

No net liability for income tax

Liable for tax at the standard rate (20%) or marginal relief

Liable for tax at the higher rate (42%)

Overall Total

Single*

Married

Total

Single*

Married

Total

Single*

Married

Total

200,000

0

0

0

0

0

0

1

1

1

200,000-400,000

0

9

9

1

11

12

482

3,463

3,945

3,966

400,000-600,000

0

0

0

0

2

2

70

511

581

583

600,000-1,000,000

0

1

1

0

1

1

32

268

300

302

Over 1,000,000

0

2

2

0

1

1

36

176

212

215

0

12

12

1

15

16

620

4,419

5,039

5,067

"Single" includes widowed persons.

*Gross income excludes income which is exempt from tax.

2002 — PAYE over €200,000.

INCOME TAX 2002.

Numbers of mainly self-employed income earners with incomes exceeding €200,000.

Range of Gross Income *

No net liability for income tax

Liable for tax at the standard rate (20%) or marginal relief

Liable for tax at the higher rate (42%)

Overall Total

Single*

Married

Total

Single*

Married

Total

Single*

Married

Total

200,000

0

0

0

0

0

0

0

200,000-400,000

9

35

44

7

60

67

589

3,098

3,687

3,798

400,000-600,000

2

10

12

1

11

12

141

819

960

984

600,000-1,000,000

0

9

9

1

9

10

68

404

472

491

Over 1,000,000

1

2

3

1

4

5

31

183

214

222

12

56

68

10

84

94

829

4,504

5,333

5,495

"Single" includes widowed persons.

* Gross income excludes income which is exempt from tax.

2002 — SchD over €200,000.

INCOME TAX 2002.

Numbers of all income earners with incomes exceeding €200,000.

Range of Gross Income *

No net liability for income tax

Liable for tax at the standard rate (20%) or marginal relief

Liable for tax at the higher rate (42%)

Overall Total

Single*

Married

Total

Single*

Married

Total

Single*

Married

Total

200,000

0

0

0

0

0

0

1

1

1

200,000-400,000

9

44

53

8

71

79

1,071

6,561

7,632

7,764

400,000-600,000

2

10

12

1

13

14

211

1,330

1,541

1,567

600,000-1,000,000

0

10

10

1

10

11

100

672

772

793

Over 1,000,000

1

4

5

1

5

6

67

359

426

437

12

68

80

11

99

110

1,449

8,923

10,372

10,562

"Single" includes widowed persons.

*Gross income excludes income which is exempt from tax.

2002 — All over €200,000.

Paul McGrath

Question:

147 Mr. P. McGrath asked the Minister for Finance the number of PAYE income earners in a number of income thresholds (details supplied) or nearest equivalent in each of the past five years. [31238/05]

Paul McGrath

Question:

148 Mr. P. McGrath asked the Minister for Finance the number of self-employed workers in a number of income thresholds or nearest equivalent in each of the past five years. [31239/05]

I propose to take Questions Nos. 147 and 148 together.

I am informed by the Revenue Commissioners that the information requested by the Deputy is provided in the following tables. For completeness the numbers of income earners with gross income in excess of €1 million have also been included. Self-employed income earners have been distributed over the same income ranges as PAYE earners.

For the tax years 2001 and 2002, the numbers of income earners at all income levels in the tables are best estimates based on data from comple ted end-of-year returns but adjusted to take account of returns which had not been received when the data were compiled. For later years, the numbers of earners in the various ranges of income are based on the adjusted data for 2002 projected forward in accordance with macro-economic data relating to actual and expected growth in wages and employment.

Distribution of PAYE income earners on tax records, including tax exempt individuals, by ranges of income.

Range of Gross Income

2001

2002

2003

2004

2005

€1-€10,000

489,700

397,200

385,800

375,000

363,200

€10,001-€20,000

493,700

394,400

385,000

372,300

357,700

€20,001-€30,000

280,900

332,800

343,700

351,500

352,200

€30,001-€40,000

147,700

206,500

222,200

241,500

253,100

€40,001-€50,000

73,900

128,200

138,600

153,600

165,300

€50,001-€70,000

59,400

125,600

138,300

158,500

177,800

€70,001-€90,000

18,200

48,500

53,400

62,500

72,900

€90,001-€100,000

4,300

12,600

13,900

16,500

19,400

€100,001-€150,000

8,700

21,600

24,400

29,800

36,400

€150,001-€200,000

2,600

5,300

5,800

6,800

8,100

€200,001-€500,000

2,500

4,600

5,000

5,800

6,700

€500,000-€1,000,000

300

500

600

600

700

Over €1,000,000

100

200

200

300

300

Note: Figures in the table are rounded to the nearest hundred and any apparent discrepancies in totals are due to rounding of constituent figures.

Distribution of self-employed income earners on tax records, including tax exempt individuals, by ranges of income.

Range of Gross Income

2001

2002

2003

2004

2005

€1-€10,000

56,700

38,900

37,400

35,900

33,500

€10,001-€20,000

58,900

47,500

46,000

44,400

41,900

€20,001-€30,000

34,100

36,400

36,800

37,100

36,700

€30,001-€40,000

19,600

24,100

25,000

25,700

26,900

€40,001-€50,000

11,000

15,900

16,700

17,400

18,500

€50,001-€70,000

11,100

17,500

19,000

20,200

22,100

€70,001-€90,000

5,100

8,400

9,300

10,000

11,300

€90,001-€100,000

1,600

2,600

2,900

3,100

3,600

€100,001-€150,000

4,500

6,700

7,300

8,000

9,100

€150,001-€200,000

2,000

3,100

3,100

3,300

3,700

€200,001-€500,000

2,900

4,800

5,100

5,400

6,100

€500,000-€1,000,000

500

900

1,000

1,100

1,300

Over €1,000,000

100

200

300

300

300

Notes: Figures in the table are rounded to the nearest hundred and any apparent discrepancies in totals are due to rounding of constituent figures.

It should be noted that the income ranges shown in the above tables relate to gross income. Gross income is income prior to deductions for capital allowances, interest paid, losses, allowable expenses, retirement annuities, etc. It is income after the deduction of superannuation contributions by employees but not by the self-employed, and it includes income of individuals whose total income falls below the exemption limits. It does not include certain other income which is not income for tax purposes or is exempt from tax, such as profits or gains from stallion fees, profits from commercial forestry and certain income from patent royalties, certain investment income arising from personal injuries, child benefit, maternity benefit and unemployment assistance paid by the Department of Social and Family Affairs, certain earnings of writers, composers and artists, bonuses or interest paid under instalment savings schemes operated by An Post, interest on certain Government securities, certain foreign pensions which are exempt from tax in the foreign paying country, portions of certain lump sums received by employees on cessation of their employment, statutory redundancy payments and certain military pensions.

Gross income does not include or does not fully include other income sources such as interest income that does not need to be declared or is not recorded, but from which tax has been deducted; unemployment benefit and disability benefit — non-recording of non-taxable amounts and of amounts taxed by restriction of repayments or indirectly through employers in the PAYE system; and the incomes of certain self-employed persons, including some farmers, as well as some individuals in receipt of pensions, who are not processed annually on tax records because their incomes are below the income tax thresholds.

A married couple who has elected or has deemed to have elected for joint assessment is counted as one tax unit. The figures for the years 2002, 2003 and 2004 have been revised from those quoted in the reply to the Deputy's Questions Nos. 164 to 167 of 3 November 2004, to take account of more up-to-date base information and revised macro-economic projections of income levels and number at work which have become available. The figures for 2003 onwards are projected estimates and may be subject to further revision.

Tax Code.

Paul McGrath

Question:

149 Mr. P. McGrath asked the Minister for Finance the estimated cost of reducing the top rate of income tax (details supplied) by one point or two points. [31240/05]

By reference to the 2006 pre-budget ready reckoner prepared by the Revenue Commissioners the full-year costs to the Exchequer of reducing the top rate of income tax by one percentage point and two percentage points are estimated to be €205 million and €415 million, respectively.

These figures are provisional, subject to revision and estimated to the nearest €5 million. The ready reckoner is available on my Department's website, www.finance.gov.ie.

Paul McGrath

Question:

150 Mr. P. McGrath asked the Minister for Finance the estimated cost of increasing the single person tax credit of €1,580 by €100, €200, €300 or €400. [31241/05]

The increases mentioned in the question are assumed to apply in similar measures to single and widowed persons and to include the normal consequential increases in the tax credit for lone parents. These amounts doubled are assumed to apply to married couples. On this basis, and by reference to the 2006 pre-budget ready reckoner prepared by the Revenue Commissioners, the full-year costs to the Exchequer of the increases mentioned by the Deputy are estimated as follows:

Increase in personal tax credit

Estimated full-year cost

Single/Married

€m

€100/€200

190

€200/€400

380

€300/€600

570

€400/€800

760

These figures are provisional, subject to revision and estimated to the nearest €5 million. The ready reckoner is available on my Department's website, www.finance.gov.ie.

Paul McGrath

Question:

151 Mr. P. McGrath asked the Minister for Finance the estimated cost of increasing the PAYE allowance of €1,270 by €100, €200, €300 or €400. [31242/05]

By reference to the 2006 pre-budget ready reckoner prepared by the Revenue Commissioners the full-year costs to the Exchequer of the increases mentioned by the Deputy are estimated as follows:

Increase in employee (PAYE) credit.

Estimated full-year cost

€m

€100

130

€200

265

€300

395

€400

530

These figures are provisional, subject to revision and are estimated to the nearest €5 million. The ready reckoner is available on my Department's website, www.finance.gov.ie.

Paul McGrath

Question:

152 Mr. P. McGrath asked the Minister for Finance the estimated costs to the Exchequer in 2003 of tax relief on medical expenses. [31243/05]

I am informed by the Revenue Commissioners that the most recent relevant information available on medical expenses relates to the income tax year 2002, in respect of which some 143,900 claims for tax relief were allowed at an estimated cost to the Exchequer of approximately €63 million.

Paul McGrath

Question:

153 Mr. P. McGrath asked the Minister for Finance the amount of income tax and PRSI payable by a single PAYE worker in each of the past five years where gross income in each year was €30,000, €40,000, €50,000, €60,000, €70,000, €80,000 and €100,000 assuming only personal and PRSI allowances are applicable. [31244/05]

Income tax* and PRSI** payable by a single PAYE worker, 2001-2005.

Income (€)

2001

2002

2003

2004

2005

30,000

Income tax

5,108

4,260

4,120

3,880

3,282

PRSI

936

936

936

936

936

40,000

Income tax

9,308

8,460

8,320

8,080

7,482

PRSI

1,196

1,291

1,336

1,336

1,336

50,000

Income tax

13,508

12,660

12,520

12,280

11,682

PRSI

1,242

1,341

1,402

1,463

1,534

60,000

Income tax

17,708

16,860

16,720

16,480

15,882

PRSI

1,273

1,377

1,438

1,498

1,569

70,000

Income tax

21,908

21,060

20,920

20,680

20,082

PRSI

1,298

1,402

1,463

1,524

1,600

80,000

Income tax

26,108

25,260

25,120

24,880

24,282

PRSI

1,313

1,418

1,480

1,544

1,620

100,000

Income tax

34,508

33,660

33,520

33,280

32,682

PRSI

1,338

1,443

1,509

1,575

1,650

(Rounded to the nearest euro).

*Assumes that the single person receives the personal allowance or personal credit and the PAYE allowance or employee credit, as appropriate, in the year in question.

**Assumes the person is insured under class A, full-rate, PRSI and that the individual's salary does not fluctuate from week to week over the course of the given year. The calculations do not include the health levy contribution of 2% applicable to all income over the threshold of €18,512 per annum for the tax years 2001 to 2004 and €20,800 per annum for the tax year 2005.

Paul McGrath

Question:

154 Mr. P. McGrath asked the Minister for Finance the amount of income tax paid by a double income family with a gross pay of €58,800 and a single income family with a gross pay of €58,800 assuming two equal incomes of €29,400, and salaries of €37,000 and €21,000 respectively; if he will compare this to the amount of income tax paid by a single income family with gross pay of €58,800 assuming homecaring spouse is claimable and homecaring spouse is not applicable. [31245/05]

I assume that, in relation to the double income family with a gross pay of €58,800, the salaries which the Deputy has in mind in relation to his second example are €38,400 and €20,400. The tax rates and bands for a married couple for 2005 are: married couple, one spouse with income, first €38,400 at 20%, balance at 42%; married couple, both spouses with income, first €38,400 with increase of €20,400 maximum at 20%, balance at 42%.

In the case of married couples with two incomes the standard rate band available to one spouse will not be greater than that available to a one income married couple namely, €38,400. The second spouse may avail of the balance of the €58,800 band.

A home carer tax credit of €770 can be claimed by married persons who are jointly assessed to tax and where one spouse works at home to care for a dependent person, which includes a dependent child, provided certain conditions are satisfied. A married couple cannot claim both the home carer tax credit and the increased standard rate band. They can, however, claim whichever of the two is the most beneficial. The home carer tax credit is not due where the home caring spouse's income equals or exceeds €6,620.

The eight examples show the income tax payable by single and double income families as requested by the Deputy on gross incomes of €58,000 and €58,800 for the current tax year. The examples refer to earners in the PAYE and self-employed sectors and are based on the assumption in each case that the married couple is jointly assessed for tax purposes.

Example 1

In this example it is assumed that the individual is in the PAYE system

One Income Family with no dependent children.

Gross Income

€58,800

Band Available

€38,400

Band Utilised

€38,400

Tax

€38,400 @ 20% = €7,680

€20,400 @ 42% = €8,568

Gross Tax Due

€16,248

Less Tax Credits Personal Credit

(€3,160)

Employee Credit

(€1,270)

= Total Credits

(€4,430)

Net Tax Due

€11,818

Example 2

In this example it assumes that both spouses are working in the PAYE sector

Two Income Family with no dependent children and income split between spouses €29,400: €29,400.

Joint Income

€58,800

Spouses Income

€29,400

€29,400

Band Available

€29,400

€29,400

Band Utilised

€29,400

€29,400

Tax liability

€5,880 (€29,400 @20%)

€5,880 (€29,400 @20%)

Gross Tax Due

€11,760

Less Tax Credits

(€1,580)

Personal Credit

(€1,580)

(€1,270)

Employee Credit

(€1,270)

(€2,850)

(€2,850)

= total credits

(€5,700)

Net Tax Due

€6,060

Example 3

In this example it is assumed that both spouses are in the PAYE system.

Two Income Family with no dependent children and income split between spouses €38,400:€20,400.

Joint Income

€58,800

Spouses Income

€38,400

€20,400

Band Available

€38,400

€20,400

Band Utilised

€38,400

€20,400

Tax Liability

€7,680 (€38,400 @ 20%)

€4,080 (€20,400 @ 20%)

Gross Tax Due

€11,760

Less Tax Credits

(€1,580)

Personal Credit

(€1,580)

(€1,270)

Employee Credit

(€1,270)

= Total Credits

(€5,700)

Net Tax Due

€6,060

Example 4

In this example it is assumed that the individual is in the PAYE system

One Income Family with dependent children.

Gross Income

€58,800

Band Available

€38,400

Band Utilised

€38,400

Tax

€38,400 @ 20% = €7,680

€20,400 @ 42% = €8,568

Gross Tax Due

€16,248

Less Tax CreditsPersonal Credit

(€3,160)

Employee Credit

(€1,270)

Home carers

(€770)

= Total Credits

(€5,200)

Net Tax Due

€11,048

Example 5

In this example it is assumed that the earner is self-employed.

One Income Family with no dependent children.

Gross Income

€58,800

Band Available

€38,400

Band Utilised

€38,400

Tax

€38,400 @ 20% = €7,680

€20,400 @ 42% = €8,568

Gross Tax Due

€16,248

Less Tax CreditsPersonal Credit

(€3,160)

Net Tax Due

€13,088

Example 6

In this example it is assumed that each spouse is self-employed

Two Income Family with no dependent children and income split between spouses €29,400: €29,400.

Joint Income

€58,800

Spouses Income

€29,400

€29,400

Band Available

€29,400

€29,400

Band Utilised

€29,400

€29,400

Tax liability

€5,880 (€29,400 @ 20%)

€5,880 (€29,400 @ 20%)

Gross Tax Due

€11,760

Less Tax Credits

(€1,580)

Personal Credit

(€1,580)

= total credits

(€3,160)

Net Tax Due

€8,600

Example 7

In this example it is assumed that both spouses are self-employed.

Two Income Family with no dependent children and income split between spouses €38,400: €20,400.

Joint Income

€58,800

Spouses Income

€38,400

€20,400

Band Available

€38,400

€20,400

Band Utilised

€38,400

€20,400

Tax Liability

€7,680 (€38,400 @ 20%)

€4,080 (€20,400 @ 20%)

Gross Tax Due

€11,760

Less Tax Credits

(€1,580)

Personal Credit

(€1,580)

= Total Credits

(€3,160)

Net Tax Due

€8,600

Example 8

In this example it is assumed that the earner is self-employed.

One Income Family with dependent children.

Gross Income

€58,800

Band Available

€38,400

Band Utilised

€38,400

Tax

€38,400 @ 20% = €7,680

€20,400 @ 42% = €8,568

Gross Tax Due

€16,248

Less Tax Credits Personal Credit

(€3,160)

Home carers

(€770)

= Total Credits

€3,930

Net Tax Due

€12,318

Paul McGrath

Question:

155 Mr. P. McGrath asked the Minister for Finance the number of taxpayers in the PAYE sector and self-employed who availed, per annum of the homecaring spouse tax allowance since this tax relief was first introduced. [31246/05]

Richard Bruton

Question:

168 Mr. Bruton asked the Minister for Finance the number of persons who are receiving the home carer tax credit. [31298/05]

I propose to take Questions Nos. 155 and 168 together.

I am informed by the Revenue Commissioners that the numbers of PAYE taxpayers availing of the home carer's tax credit, formerly an allowance, but converted to a tax credit in 2001, is in the following table.

PAYE taxpayers availing of the home carer's tax allowance.

Tax year

2000/01

2001

2002

2003

2004

2005

Numbers availing

92,600

87,900

81,950

81,700

81,000

80,500

Figures for 2003-05 are provisional and subject to revision.

The latest available information in respect of self-employed taxpayers availing of the home carer's tax credit is for the income tax year 2002. The corresponding information for later years will not be available until the appropriate data from self-assessment tax returns for tax years 2003, 2004 and 2005 are received. However, the projected number of potential self-employed claimants is tentatively estimated for these later years in the following table.

Self-employed taxpayers availing of the home carer's tax allowance.

Tax year

2000/01

2001

2002

2003

2004

2005

Numbers availing

18,650

20,150

18,900

22,500

23,000

23,600

Róisín Shortall

Question:

156 Ms Shortall asked the Minister for Finance the tax credits and respective amounts that may be claimed by a PAYE worker and the thresholds applying; his estimate of unclaimed credits for each of the past three complete tax years in the case of each credit; and the procedure for claiming back such taxes. [31267/05]

The basic tax credits available to a PAYE worker are the basic personal tax credit and the employee, PAYE tax credit. The basic personal tax credit has a value of €1,580 single and €3,160 married in the current tax year while the employee tax credit has a value of €1,270. PAYE workers and taxpayers generally may be entitled to other tax credits and allowances in addition to the basic credits. Information on these in provided in a range of Revenue information leaflets and guides, details of which are set out in table 1.

In February 2005, Revenue launched a new self-service option for PAYE taxpayers. This service allows PAYE employees to claim, using the Internet, text messaging or the lo-call 1890 phone number, in respect of age credits for those aged 65 or over, service charges and trade union subscriptions. It also allows them to request a form 12, return of income, med 1, medical expenses claim, P50, unemployment claim, and rent 1 rent relief. These facilities were widely advertised in the media and were included in the information leaflet issued with the tax credit certificates for 2005.

I am informed by the Revenue Commissioners that they are not in a position to provide an estimate of the amount of unclaimed tax credits. Any claims made for the past three income tax years have been processed and appropriate repayments made to the taxpayers. In the absence of a claim from a taxpayer, Revenue has no way of knowing that an individual is entitled to an additional tax credit. There is, therefore, no basis on which an estimate of the amount involved could be compiled.

As regards procedures for claiming back tax credits, many of the more significant reliefs have been made virtually automatic over recent years either through the introduction of tax relief at source, TRS, or through the automatic carry forward, ACF, of the reliefs. For example, mortgage interest relief and medical insurance relief are provided at source through the taxpayer obtaining a reduction in repayments or premiums equivalent to the tax relief. Recurring reliefs, like those for trade union subscriptions and service charges, once claimed, are allowed on an ongoing basis and re-appear each year in the taxpayer's certificate of tax credits.

The other main reliefs relate to medical expenses, certain dental expenses, age credits for people aged over 65, third level tuition fees and rent relief. In the case of these reliefs, and the first claims for trade union subscriptions, it is generally up to each individual taxpayer concerned to claim his or her entitlements, as Revenue has no other way of ascertaining what these are.

Claims for claiming back credits may be lodged through any one of the following channels: by contacting any of the four regional lo-call telephone numbers, details in table 2, by accessing the Revenue website; by using the PAYE self-service mobile phone text messaging facility. It enables customers to request PAYE forms and leaflets, and to claim certain PAYE tax credits using their mobile phone. It is fully self-service and can be accessed from anywhere and at any time by contacting the nationwide network of revenue information offices as set out in table 3.

From early 2006 the Revenue Commissioners will provide a facility for PAYE customers to access their Revenue records over the Internet to request and complete a 2005 on-line review of their liability and to claim or amend their tax credit details.

Table 1.

Publication of Forms, Leaflets and Guides.

Revenue publish claim forms, leaflets and guides on all PAYE tax credits and allowances including:

IT1

Tax Credits, Reliefs and Rates for 2004 and 2005

IT2

Taxation of Married Persons

IT3

What to do about tax when you separate

IT6

Health-Medical Expenses Relief

MED 1

Health Expenses Claim form

IT8

Tax Exemption and Marginal Relief

IT9

One Parent Family Tax Credit

IT11

Employee’s Guide to PAYE

IT18

Incapacitated Child Allowance

IT27

Tax Relief for Service Charges

IT31

Tax Relief for Tuition Fees

IT35

Blind Persons Allowances and Reliefs

IT45

Tax Credits and Reliefs for those aged 65 and over

IT46

Dependent Relative Tax Credit

IT47

Employed Person taking care of Incapacitated Individual

All Revenue's PAYE forms and information leaflets can be downloaded and printed from the Revenue website —www.revenue.ie— or ordered on-line. Revenue will post out any number of forms required. There is also a 24 hour telephone number, 1890 30 67 06, for requesting forms or leaflets.

Table 2.

1890 Lo-call phone service.

Revenue has 600 PAYE customer service staff available in PAYE Regional offices to answer phone calls from PAYE customers, to amend tax credit allowances and to deal with PAYE repayments.

•Dublin Region 1890 33 34 25

Customers in Dublin (City and County)

•Border Midlands West Region 1890 77 74 25

Customers in Counties Cavan, Donegal, Galway, Leitrim, Longford, Louth, Mayo, Monaghan, Offaly, Roscommon, Sligo and Westmeath.

•South West Region 1890 22 24 25

Counties Clare, Cork, Kerry and Limerick

•East and South East Region 1890 44 44 25

Customers in Counties Carlow, Kildare, Kilkenny, Laois, Meath, Tipperary, Waterford, Wexford and Wicklow

Table 3.

Information Offices.

Customers can call in to a number of Revenue locations to discuss their tax affairs or to claim allowances, tax credits or tax repayments.

The offices in Dublin are located at:

Central Revenue Information Office, Cathedral Street, Dublin 1

Open 9.30 a.m. to 5.00 p.m. Monday to Friday

Tallaght Revenue Information Office

Open 9.30 a.m. to 5.00 p.m. Monday to Friday

Revenue also has a number of regional offices throughout the country in Galway, Castlebar, Sligo, Letterkenny, Athlone, Dundalk, Waterford, Wexford, Kilkenny, Thurles, Cork, Limerick and Tralee.

Richard Bruton

Question:

157 Mr. Bruton asked the Minister for Finance the revenue raised from stamp duties, distinguishing revenue from housing sites, other sites, sales of second hand houses, sales of commercial and industrial buildings, from charges on credit cards, financial instruments, share dealing and so on; and the steps he will take to improve the quality of information on this tax. [31285/05]

I am informed by the Revenue Commissioners that the revenue raised from stamp duty in the last financial year, 2004, on property was €1,461 million, which can be divided into residential property of €752.1 million and non-residential property of €708.8 million. However, this data are not collected in such a manner that would allow a more detailed break-down of the annual yield to be provided as between second-hand and relevant new residential property.

Stamp duty is also chargeable on transfers of sites at the appropriate rates for non-residential property but I am further informed by the Revenue Commissioners that it is not possible to determine what proportion of the total stamp duty on non-residential property relates to site transfers. The figures for stamp duty yield in 2004 under all available headings are in the following table.

€m

€m

Residential Property

752.1

Non-Residential Property

708.8

Property Total

1,460.9

Shares

260.5

Companies Capital Duty

24.4

Insurance Policies

1.6

General Deeds

0.6

Penalties

9.2

Cheques

17.8

Credit Cards

59.0

€m

€m

Debit only Cards

2.4

ATM only Cards

21.1

Combined ATM & Debit Cards

11.8

ATM/Debit Cards Total

35.3

Bank Levy

102.8

Non-Life Insurance Levy

97.7

Total

2,069.8

The Revenue Commissioners are committed to improving the quality of tax-based information and continue to pursue technical and other approaches to facilitate this.

Richard Bruton

Question:

158 Mr. Bruton asked the Minister for Finance the cost of reducing tax proportion of persons paying at the top rate of tax to 20% in 2006. [31286/05]

I assume that what the Deputy has in mind is a change in the existing tax band structure in order to reduce the proportion of income earners paying at the top rate of tax to 20% of all income earners on tax records in 2006.

Based on this assumption, the change in question could be brought about by the following changes in the tax band structure: increase the value of the married one-earner band to €44,650; increase the value of the married two-earner band to €89,300, that is, €44,650 to each spouse and no transferability between spouses; increase the value of the single band to €44,650 and increase the value of the lone parents band to €44,650. I am informed by the Revenue Commissioners that the estimated full year cost to the Exchequer, based on projected 2006 incomes, of the changes to the band structure referred to above is about €1.6 billion. This figure is provisional and subject to revision.

Richard Bruton

Question:

159 Mr. Bruton asked the Minister for Finance the cost of ensuring that the minimum wage indexed in line with forecast increases in average wages is exempt from income tax in 2006; and the extent to which persons at or below the minimum wage have paid tax in 2005. [31287/05]

The current minimum wage is €7.65 per hour. This figure, indexed in line with an increase in average wages of, say, 4% would be €7.96 per hour which is equivalent to €16,143 on an annualised basis. By reference to the pre-budget 2006 income tax ready reckoner prepared by the Revenue Commissioners, it is estimated that the full year costs to the Exchequer of ensuring that no tax is paid by employees earning such an amount on a 39 hour week basis would be in the region of €500 million in a full year if done through an increase in the employee, PAYE, credit, or if the personal credit were used, about €725 million in a full year. If the personal and employee credits each bore half the required increase, the full year cost would be approximately €615 million. These figures are provisional, are likely to be revised and are rounded to the nearest €5 million.

The present entry point to income tax is €14,250 per annum for a single person aged less than 65. The latest estimate from the Revenue Commissioners indicates that, provisionally, there are roughly 33,000 employees earning at or below the current minimum wage annualised — €15,515 per annum — who are likely to be liable for a small amount of income tax in 2005. 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 33,000 should therefore be seen as the upper band for any estimate of the number who may ultimately come into the tax net. A married couple which has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Richard Bruton

Question:

160 Mr. Bruton asked the Minister for Finance the latest estimate of the number of taxpayers who will pay tax at the top rate of income tax in 2005 and the proportion this represents of those paying tax. [31288/05]

I am advised by the Revenue Commissioners that the number of taxpayers who will pay tax at the top rate of income tax in 2005 is estimated to be 666,400 or 32.9% of the number of all income earners on the income tax record, including those who are exempt.

The number of income earners is an estimate from the Revenue tax forecasting model using actual data for the year 2002 adjusted as necessary for actual and estimated growth in wages and employment to end-2005 and has been rounded to the nearest hundred. It should be noted that a married couple which has elected or has been deemed to have elected for joint assessment is counted as one tax unit. The figures are provisional and subject to revision.

Richard Bruton

Question:

161 Mr. Bruton asked the Minister for Finance the estimate of the cost and the take-up of each of the items in table IT6 of the Statistical Report of the Revenue Commissioners for 2002; and the best forecast of the cost and the take-up for 2005. [31289/05]

The information requested for 2002 is as set out in the following table provided by the Revenue Commissioners. Sufficient data are not yet available to enable an update of the estimated corresponding cost to be provided for 2005 in respect of all of these items.

INCOME TAX AND CORPORATION TAX

Cost of Tax Credits, Allowances and Reliefs 2002

Tax Relief Provision

(1) Estimated cost for 2002

Numbers

INCOME TAX

Exemption limits:

General Exemption (2)

0.0

0

Child Addition (2)

1.0

2,900

Age Exemption (2)

21.9

31,700

Married Person's Credit (3)

1,805.1

629,400

Single Person's Credit (3)

1,552.8

1,169,600

Widowed Person's Credit (3)

122.3

72,950

Additional Credit to Widowed Person in Year of Bereavement

6.1

4,000

Additional Bereavement Credit to Widowed Parent

5.6

3,500

Additional Personal Credit for Lone Parent

137.8

102,700

Homecarer Credit

73.7

100,800

Additional Credit for Incapacitated Child

4.4

8,800

Employee (PAYE) Credit

917.2

1,257,800

Dependent Relative Credit

1.1

16,600

Person Taking Care of Incapacitated Taxpayer

0.6

600

Age Credit

19.3

68,100

Blind Person's Credit

0.7

850

Medical Insurance Premiums

161.7

859,000†

Health Expenses

63.2

143,850

Contributions Under Permanent Health Benefit Schemes, after Deduction of Tax on Benefits Received (4)

1.7

20,000

Employees' Contributions To Approved Superannuation Schemes *

563.3

709,300

Employers' Contributions To Approved Superannuation Schemes *

623.1

N/A

Exemption of Net Income of Approved Superannuation Funds (Contributions Plus Investment Income Less Outgoings) (5) *

1,271.60

N/A

Retirement Annuity Premiums

250.9

110,600

Interest paid:

Loans relating to Principal Private Residence

192.8

430,000

Other (6)

15.6

5,260

Rent Paid in Private Tenancies

26.4

97,400

Expenses Allowable to Employees Under Schedule E

153.8

866,420

Third Level Education Fees

6.9

17,500

Exemption of Certain Earnings of Writers, Composers and Artists

23.9

1,600

Dispositions (Including Maintenance Payments made to Separated Spouses)

12.8

5,900

Exemption of Interest on Savings Certificates, National Installment Savings & Index Linked Savings Bonds

108.8

N/A

Rent a Room

1.8

1,440

Exemption of Income of Charities, Colleges, Hospitals, Schools, Friendly Societies, etc. (7)

23.4

N/A

Donations to Approved Bodies

16.3

25,600

Donations to Sports Bodies.(8)

0.1

140

Exemption of Irish Government Securities Where Owner Not Ordinarily Resident in Ireland (5) *

130.1

N/A

Exemption of Statutory Redundancy Payments

25.1

25,100

Service Charges

5.2

124,900

Top Slicing Relief — Reduced Tax Rate for Payments in Excess of Exemption Amounts Made as Compensation for Loss of Office

5.7

1,300

Revenue Job Assist allowance

0.9

1,700

Allowance for seafarers

0.2

120

Trade Union Subscriptions

11.0

229,600

Exemption From Tax of Certain Social Welfare Payments:

Child benefit *

266.4

336,300

Maternity allowance *

8.4

9,600

Exemption of Pensions, Benefits or Gratuities Payable to Veterans of the War of Independence, their Widows or Dependents

0.09

1,400

Relief Under Profit Sharing Schemes *

37.6

50,600

Investment in Corporate Trades (BES)

20.3

2,300

Investment in Seed Capital

1.4

72

Stock Relief *

1.9

N/A

Relief for expenditure on significant buildings and gardens

3.7

54

Donation of Heritage items

4.2

5

Special Savings Incentive Scheme

433.0

1,143,400

INCOME TAX AND/OR CORPORATION TAX (9)

Capital Allowances:

Urban Renewal (10)

N/A

N/A

Other (11)

N/A

N/A

Total Capital Allowances

1,595.00

N/A

Rented Residential Accommodation (12) *

N/A

N/A

Effective Rate of 10% for Manufacturing and Certain Other Activities (13)

1,174.1

4,700

Double Taxation Relief

427.3

9,100

Investment in Films*

21.6

2,230

Group Relief

166.8

1,290

†Arising from the change over to Tax Relief at Source the figures for 2002 relate to the number of policies issued. These include policies where subscriptions were paid by businesses on behalf of their employees. or this reason and also because some claimants may have more than one policy, the numbers for 2002 are necessarily higher than before

Notes on Table

(1)Figures accompanied by an asterisk * are particularly tentative and subject to a considerable margin of error.

(2)The cost figures for the exemption limits are based on the excess of the exemption limits over the basic personal tax credits. They include the cost of marginal relief for taxpayers whose incomes are not greatly in excess of the exemption limits.

(3)The figures shown for the basic personal tax credits (married, single and widowed) are the costs of these tax credits as if all other tax credits and the exemption limits did not apply. They do not include individuals who are not on Revenue records because their incomes are below the income tax thresholds.

(4)Part of the cost of contributions to Permanent Health Benefit Schemes is not identifiable as a result of the move to a "net pay" basis for contributions by PAYE taxpayers from 6 April 2001

(5)In the absence of other information, tax has been assumed at the standard rate even though a different rate might be appropriate in many cases.

(6)"Other" relates to borrowings for purposes such as acquiring an interest in a company or partnership or to pay death duties.

(7)The cost of exempting the income of charities, colleges, hospitals, schools, friendly societies, etc. from income tax includes the sums repaid in respect of tax credits and income tax deducted at source (certain dividends, other investment income and payments received under covenant) It also includes the cost of exempting certain bodies from the deduction on income arising from government securities. Information is not available about other income received gross.

(8)Relief for donations to Approved Sports Bodies was introduced in 2002 and the cost is based on self assessment returns for that year.

(9)Except where otherwise indicated, the costs included for corporation tax are by reference to accounting periods which ended in the years 2001 and 2002.

(10)In the absence of Revenue-sourced data the figures shown are tentative estimates based on basic data supplied by the Department of Environment and Local Government which cannot be linked directly with tax claims. Use of this data has been discontinued because alternative arrangements have been made by the Revenue Commissioners for more suitable tax-based data to be captured. Until recently claims for urban renewal relief were aggregated in tax returns with other claims and were not separately identifiable. However, as part of ongoing commitments to improve the quality of information available on the costs of tax expenditures generally, the Revenue Commissioners have introduced changes to the income tax returns forms which are intended to yield additional information on the take-up of the relief claimed by individuals from the 2004 tax year onwards. Corresponding changes have been made to the Corporation Tax return form which will produce similar information for accounting periods ending in 2005 and subsequent years.

(11)Capital Allowances data was not requested on the 2002 CT1 form, therefore the 2002 figures are estimated.

The cost shown for capital allowances does not include any cost associated with "unused capital allowances", that is, capital allowances which are not absorbed by a company in the accounting period in which they arise because they exceed the amount of the company's profits of that accounting period which are available for offset. Unused capital allowances can be offset as losses against taxable profits arising in the previous accounting period and against certain profits arising in future accounting periods and can be offset against the profits of another company in the same group of companies. It is estimated that €3,000 million of unused capital allowances were claimed in respect of 2002 accounting periods but as the proportion of this item which is included in previous years losses and in group relief is not separately identifiable a reliable estimate of the cost of the capital allowance element cannot be provided.

The 2001 figure for capital allowances has been revised.

(12)In the absence of Revenue-sourced data the figures shown are tentative estimates based on basic data supplied by the Department of Environment and Local Government which cannot be linked directly with tax claims. The figures for "section 23/section 27" relief are confined to urban renewal schemes in place up to 1999 and usable data is not compiled for later schemes. Use of this data has, therefore, been discontinued because it is incomplete.

Until recently claims for "section 23/section 27" type relief were aggregated in tax returns with other claims and were not separately identifiable. However, as part of ongoing commitments to improve the quality of information available on the costs of tax expenditures generally, the Revenue Commissioners have introduced changes to the income tax return forms which are intended to yield additional information on the take-up of the relief claimed by individuals from 2003 onwards. Corresponding changes have been made to the Corporation Tax return form which will produce similar information for accounting periods ending in 2005 and subsequent years.

(13)The cost does not include any notional cost associated with IFSC companies. The International Financial Services activity in Ireland represents new business which has developed as a result of, among other things, the concessionary tax rate. This means that as the cost of the concessionary rate is not just the difference between the concessionary tax rate and the full tax rate, it is therefore not quantifiable. In regard to the cost shown for the effective rate of 10 per cent for manufacturing and certain other activities, no account is taken of the fact that without these incentives, many enterprises may not have set up here. To the extent that profits earned by such enterprises would not have been available for Irish tax purposes, part of the cost figure shown might be regarded as notional.

Richard Bruton

Question:

162 Mr. Bruton asked the Minister for Finance the number of persons obtaining relief and the value of tax relief on contributions to public service pensions which are not backed by a pension fund, for the most recent year for which data is available. [31290/05]

Richard Bruton

Question:

163 Mr. Bruton asked the Minister for Finance the number of persons obtaining relief and the value of tax relief on employer contributions; the value of relief on employee contributions to public sector pensions which are backed by pension funds; and his estimate of the aggregate value of those funds. [31291/05]

Richard Bruton

Question:

164 Mr. Bruton asked the Minister for Finance the number of employees in the private sector obtaining relief; the value of relief on employer contributions; the value of relief on employee contributions to private sector pension funds and his estimate of the aggregate value of those funds. [31293/05]

Richard Bruton

Question:

165 Mr. Bruton asked the Minister for Finance the number of self-employed persons obtaining relief; and the value of tax relief on pension contributions. [31294/05]

I propose to take Questions Nos. 162 to 165, inclusive, together.

Due to the lack of data, it is not possible to give a comprehensive reply. The latest figures available are in respect of the income tax year 2002. The total cost of tax relief on pensions contributions is tentatively estimated by the Revenue Commissioners at approximately €2.7 billion. This total figure is broken down in terms of numbers, where available and in terms of costs is in the following table.

Type of Pension Contributions

Numbers

Estimated Costs 2002

€million

Employees’ Contributions to approved Superannuation Schemes

709,300 **

560

Employers’ Contributions to approved Superannuation Schemes

N/A

620

Exemption of Net Income of approved Superannuation Funds (Contributions plus Investment Income less Outgoings)

N/A

1,270

Retirement Annuity Premiums (RAC’s) ***

110,600

250

Total

819,900

2,700

** Numbers sourced from annual Report of The Pensions Board for 2002

*** RACs are used by the self-employed and by employees who are not in pensionable employment.

This cost covers tax relief on contributions by employers, employees and self-employed and the exemption from income and gains in the pension fund.

With regard to occupational pensions, that is, schemes set up by the employer, the figures in respect of employee and employer contributions are available only in aggregate form on a tentative basis. Information on such contributions is not captured in such a way as to make it possible to provide disaggregated figures distinguishing between the public service and the public sector, whether backed or not by pension funds, and the private sector.

Tax relief for pension contributions by employees is normally given by way of a deduction from total income in arriving at income for tax purposes namely, the income for tax purposes of employees is net of their pension contributions, the "net pay" arrangement.

The employer's contributions are an allowable deduction from profits and are not specifically recorded in Revenue statistics. However, provisions were included in Finance Act 2004 with a view to improving data quality and transparency without overburdening taxpayers and employers. The Act includes provisions that require employers to provide data on superannuation contributions in the P35 form to be filed by employers in February 2006.

Richard Bruton

Question:

166 Mr. Bruton asked the Minister for Finance the contribution of multinational companies to the total corporation tax yield in each year 1997 to 2005 based on best estimates. [31296/05]

I am informed by the Revenue Commissioners that statistics on the amount of corporation tax paid by multinational corporations are not separately available. However, data can be derived from corporation tax returns on the percentage of corporation tax attributable to companies taxed wholly or partly at the reduced rate of 10%. Many of these companies could be classed as multinational corporations. This information, which is available for accounting periods ending between 1 April 1997 and 31 December 2003, the latest available, is set as follows.

Year Ended

Percentage of total Corporation Tax yield from companies qualifying for the 10% rate.

Estimated Corporation Tax yield from companies qualifying for the 10% rate.

€m

31 March 1997

56

1,155

31 March 1998

57

1,431

31 March 1999

56

1,818

31 March 2000

57

2,185

31 March 2001

61

2,716

31 December 2001

61

2,521

31 December 2002

62

2,580

31 December 2003

58

2,486

These figures relate to the total tax liability of companies which qualify for the reduced rate of 10% on some or all of their profits.

Richard Bruton

Question:

167 Mr. Bruton asked the Minister for Finance the number of persons who are taxed as married one earner households and as married two earner households. [31297/05]

I am advised by the Revenue Commissioners that the number of married income earners on the income tax record in 2005, including those who are exempt, is estimated as follows: married, one spouse earning, 334,500; married, both spouses earning, 325,800.

These numbers are estimates from the Revenue tax forecasting model using actual data for the year 2002 adjusted as necessary for actual and estimated growth in wages and employment to end-2005 and have been rounded to the nearest hundred.

It should be noted that a married couple which has elected or has been deemed to have elected for joint assessment is counted as one tax unit. The figures are provisional and subject to revision.

Question No. 168 answered with QuestionNo. 155.

Paul McGrath

Question:

169 Mr. P. McGrath asked the Minister for Finance the annual percentage PAYE of taxpayers who paid income tax at the higher rate in each of the past ten years; the number of taxpayers in this category; and the estimated figure for the current tax year. [31305/05]

Paul McGrath

Question:

170 Mr. P. McGrath asked the Minister for Finance the annual percentage of PAYE workers who were tax exempt in each of the past ten years; and the number of taxpayers in this category. [31306/05]

Paul McGrath

Question:

171 Mr. P. McGrath asked the Minister for Finance the annual percentage of PAYE taxpayers who paid income tax at the lower rate in each of the past ten years; and the number of taxpayers in this category. [31307/05]

I propose to take Questions Nos. 169 to 171, inclusive, together.

It is assumed that what the Deputy requires are the numbers in each category as a percentage of all PAYE income earners on the tax record. I am advised by the Revenue Commissioners that the information requested by the Deputy is set out in the following table.

Distribution of PAYE earners in different tax bands 1995/96 to 2005

Tax Year

Exempt

Standard Rate#

Higher Rate

No.

%

No.

%

No.

%

1995/1996

267,500

23.2

546,300

47.4

339,200

29.4

1996/1997

289,200

24.0

568.600

47.1

349.400

28.9

1997/1998

319,700

24.6

598,000

46.1

379,900

29.3

1998/1999

340.700

24.6

615,100

44.3

431,200

31.1

1999/2000

399,000

27.4

564,600

38.7

494,900

33.9

2000/2001

436,000

28.0

630,200

40.5

489,800

31.5

2001**

464,200

29.4

636,500

40.2

481,100

30.4

2002

565,900

33.7

654,100

39.0

458,000

27.3

2003*

588,100

34.3

618,000

36.0

510,800

29.8

2004*

616,400

34.7

570,000

32.1

588,400

33.2

2005*

654,700

36.1

549,100

30.3

610,100

33.6

# Includes taxpayers benefiting from marginal relief.

**Provisional and likely to be revised.

**Short tax "year" from 6 April 2001 to 31 December 2001.

The percentages in the table are expressed in terms of the numbers of all PAYE income earners on the income tax record. The figures for numbers of income earners have been rounded to the nearest hundred. The figures for the years 1995-96 to 2002 inclusive are based on incomes data derived from income tax returns held on Revenue records and have been grossed up to an overall expected level to adjust for incompleteness in the numbers of returns on record at the time the data was extracted for analytical purposes.

For the years prior to 2003, the exempt figures shown in the table are actual historical figures. For the years 2003 to date, they are estimates of the numbers likely to be tax exempt which are derived from the Revenue tax forecasting model using actual data for the year 2002 adjusted to reflect actual or estimated growth in employment and wages for the year in question.

From the 1999-2000 tax year onwards, the personal credits, formerly allowances, and employee credit, formerly PAYE allowance, are deducted after tax is calculated rather than before the tax calculation, as was previously the case. This should be taken into account in comparing numbers for 1999-2000 and later years with earlier years. A married couple which has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Paul McGrath

Question:

172 Mr. P. McGrath asked the Minister for Finance the annual percentage of self employed taxpayers who paid income tax at the higher rate in each of the past ten years; the number of taxpayers in this category; and the estimated figure for the current tax year. [31308/05]

Paul McGrath

Question:

173 Mr. P. McGrath asked the Minister for Finance the annual percentage of self-employed workers who were tax exempt in each of the past ten years; and the number of taxpayers in this category. [31309/05]

Paul McGrath

Question:

174 Mr. P. McGrath asked the Minister for Finance the annual percentage of self-employed taxpayers who paid income tax at the lower rate in each of the past ten years; and the number of taxpayers in this category. [31310/05]

I propose to take Questions Nos. 172 to 174, inclusive, together.

It is assumed that what the Deputy requires are the numbers in each category as a percentage of all self-employed income earners on the tax record. I am advised by the Revenue Commissioners that the information requested by the Deputy is set out in the following table.

Distribution of Self-Employed earners in different tax bands 1995/96 to 2005.

Tax Year

Exempt

Standard Rate#

Higher Rate

No.

%

No.

%

No.

%

1995/1996

58,700

32.9

80,800

45.2

39,100

21.9

1996/1997

57,000

31.2

86,600

47.4

39,100

21.4

1997/1998

60,700

31.1

90,500

46.3

44,200

22.6

1998/1999

57,200

28.9

89,900

45.4

50,800

25.7

1999/2000

59,700

28.6

100,900

48.3

48,100

23.1

2000/2001

66,400

31.8

92,000

44.0

50,600

24.2

2001**

63,700

30.6

90,500

43.5

53,900

25.9

2002

66,800

32.3

91,400

44.1

48,800

23.6

2003*

71,400

34.0

89,900

42.8

48,700

23.2

2004*

68,700

32.4

90,600

42.7

52,700

24.8

2005*

66,700

31.0

92,000

42.8

56,400

26.2

#Includes taxpayers benefiting from marginal relief.

**Short tax "year" from 6 April 2001 to 31 December 2001.

* Provisional and likely to be revised.

The percentages in the table are expressed in terms of the numbers of all self-employed income earners on the income tax record. The figures for numbers of income earners have been rounded to the nearest hundred. The figures for the years 1995-96 to 2002 inclusive are based on incomes data derived from income tax returns held on Revenue records and have been grossed-up to an overall expected level to adjust for incompleteness in the numbers of returns on record at the time the data was extracted for analytical purposes.

For the years prior to 2003, the figures shown in the table are actual historical figures. For the years 2003 to-date, they are estimates relating to the three categories which are derived from the Revenue tax forecasting model using actual data for the year 2002 adjusted to reflect actual or estimated growth in employment and wages for the year in question.

From the 1999-2000 tax year onwards, the personal credits, formerly allowances, and employee credit, formerly PAYE allowance, are deducted after tax is calculated rather than before the tax calculation as was previously the case. This should be taken into account in comparing numbers for 1999-2000 and later years with earlier years. A married couple which has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Coastal Erosion.

Fergus O'Dowd

Question:

175 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources if funding will be provided for the proposed coastal protection project (details supplied) in County Louth; and if he will make a statement on the matter. [31124/05]

Responsibility for coast protection rests with the property owner whether it is a local authority or a private individual. Phases 1 and 2 coast protection works were carried out at Annagassan by Louth County Council in the period 1996 to 2001. Funding of €469,326 was provided by the Department towards the cost of these works.

The section of the coastline directly behind the house of the residents referred to by the Deputy and the local credit union were not included in the above mentioned phases. Earlier this year, Louth County Council submitted a proposal to the Department for the area in question, Annagassan Phase 3, at an estimated cost of €100,000. This will be considered in the context of the amount of funding available for coast protection works g generally and overall nationalpriorities.

Telecommunications Services.

John Perry

Question:

176 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the OECD survey which shows that Ireland’s position in regard to fast Internet access slipped from third place ten years ago to nineteenth out of 22 countries (details supplied); the way in which this will be reversed so that the business sector here will remain competitive; and if he will make a statement on the matter. [31128/05]

John Perry

Question:

177 Mr. Perry asked the Minister for Communications, Marine and Natural Resources his plans to redress the European Competitive Telecommunications Association’s trends which report that Ireland is at the bottom of the table (details supplied) in relation to broadband progress over the past 12 months; the reason the contract with Eircom to provide fixed line and Internet services to the public sector valued at €60 million a year was renewed for two more years without public tender or advertisement; and if he will make a statement on the matter. [31129/05]

I propose to take Questions Nos. 176 and 177 together.

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. ComReg's register of authorised undertakings currently lists no less than 196 companies offering Internet access services in Ireland with a wide variety of service levels.

According to recent EU Internet statistics there are over two million Internet users in Ireland. This represents user growth of 163% in the last four years and a market penetration per population of 51.2%, which compares favourably with the EU average of 48.9%. The rate of broadband uptake is dependent on a combination of factors. These include access by the private sector service providers to suitable infrastructure, as well as competition between broadband service providers and demand conditions for broadband in the economy. The Government has addressed the infrastructure deficit by building high-speed open access metropolitan area networks, MANs, in over 20 towns and cities nationwide to date, in association with the local and regional authorities. My Department also offers funding assistance to smaller towns and rural communities to support the roll-out of broadband services through the county and group broadband scheme, under which 150 projects have already been approved covering over 450 communities. The broadband for schools initiative, which is currently under way, will ensure the provision of broadband to all primary and post primary schools in the country by early 2006.

The number of broadband users continues to grow fast, across a range of technologies and there are now in excess of 175,000 broadband users, an increase of over 75% since the end of 2004. The current take-up rate for broadband is in the region of 10,000 per month.

My Department's broadband website www.broadband.gov.ie gives prices, service levels, locations and contact details of 44 service providers offering a wide range of broadband services in all areas of the country from 0.256 megabits per second to 56 megabits per second, using a range of delivery platforms such as cable, DSL, fixed wireless and satellite. There is a range of broadband technologies that can deliver broadband to any customer in Ireland at the moment. Full details of the regional broadband programme can be found on my Department’s website www.dcmnr.gov.ie. The contract for the provision of fixed line and Internet services to the public sector is handled by the Department of Finance.

Harbours and Piers.

John Perry

Question:

178 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he has received correspondence (details supplied) of 21 September 2005; the reason no reply issued; and if he will make a statement on the matter. [31133/05]

Government policy on the regional harbours as recently published in the ports policy statement is that the continued operation of the regional harbours under the outdated provisions of the Harbours Act 1946 is unsustainable on the grounds of good governance. The policy statement states that the regional harbours would best achieve their potential through their transfer to local authority ownership as many of the regional harbours have neither the resources nor the capability to comply with aspects of the code or practice for the governance of State bodies whereas their transfer to local authority control would bring improved corporate governance and allow the harbours to realise their amenity potential.

The ports policy statement drew on the review of State regional ports and harbours carried out by KPMG in 1999, which analysed trading, financial and governance issues at the harbours and recommended the transfer of certain regional harbours to local authority control. In accordance with Government policy, Sligo is designated for transfer to Sligo County Council.

This Department is working with the Department of Environment, Heritage and Local Government to facilitate the implementation of the ports policy statement in this regard. It is intended to make arrangements for the transfer of the designated regional harbours to their respective local authorities, where appropriate, and to proceed individually in conjunction with the relevant local authorities and the harbour authorities having regard to local requirements in each case.

Sligo harbour commissioners are very active in the number of property transfers they have proposed. The correspondence referred to in the question was received in the Department on 8 September 2005. An acknowledgement letter was issued in reply on 8 September 2005. The matter has been referred to the Valuation Office for a report. A response is awaited. A full reply will be issued to the correspondence in question when the valuation office advice has been received.

John Perry

Question:

179 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he has signed a ministerial order in relation to the sale of property at Sligo harbour; if so, the negotiations that have taken place; if he will provide a copy of the contract; and if he will make a statement on the matter. [31141/05]

Sligo harbour commissioners are very active in the number of property transfers they have proposed. I am unable to answer the Deputy's question as I do not have enough detail on what sale of property to which the Deputy refers. My officials have attempted to contact the Deputy to clarify this matter. If the Deputy wishes to resubmit the question in more detail I will be happy to answer it.

EU Directives.

Ruairí Quinn

Question:

180 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31145/05]

There are five directives awaiting transposition by my Department, only one of which is overdue, Directive 2003/55/EC. The detailed position in relation to directives awaiting transposition is set out in table 1. Since the establishment of my Department in 2002, the European Commission has issued letters of formal notice or reasoned opinions on ten occasions: 2002, 2; 2003, 3; 2004, 3; 2005, to date, 2. The letters concerned overdue transposition of directives all of which have since been transposed, with the exception of Directive 2003/55/EC, which has been awaiting transposition for the longest period and is expected to be transposed in November. The details are set out in table 2.

Table 1 — EU Directives Awaiting Transposition

Title/Number/Subject

Method Bill/SI

Deadline for Transposition into Irish Law

Expected date of transposition

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

4 SIs1 Bill

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

1. Transposed (01.07.04) 2. Transposed (20.07.04) 3. Transposed 30.06.05 4. November 2005 5. 2006

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

Bill

04.01.06

December 2005

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

Bill

21.02.06

February 2006

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

SI

19.05.06

May 2006

Directive 2005/12/EC of the European Parliament and of the Council of 18 February 2005 amending Annexes I and II to Directive 2003/25/EC on specific stability requirements for ro-ro passenger ships

SI

March 2006

March 2006

Table 2 — Letters from the Commission Regarding Alleged Failure to Transpose EU Directives

Date of letter

Type of letter:Letter of Formal Notice/Reasoned Opinion

Details

Title of Directive

Current Status

25/07/02

LFN

Failure to transpose Directives 1999/63 and 1999/95/EC

Directive 1999/63 of the European Parliament and of the Council concerning the agreement on the organisation of working time of seafarers concluded by the EC Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST); Directive 1999/95 of the European Parliament and of the Council concerning the enforcement of provisions in respect of seafarers’ hours of work on board ships calling at Community Ports

Transposed

23/12/02

RO

Failure to transpose Directive 2000/31/EC

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce)

Transposed

04/04/03

RO

Failure to transpose Directives 1999/63/EC and 1999/95/EC

Directive 1999/63 of the European Parliament and of the Council concerning the agreement on the organisation of working time of seafarers concluded by the EC Shipowners Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) Directive 1999/95 of the European Parliament and of the Council concerning the enforcement of provisions in respect of seafarers’ hours of work on board ships calling at Community Ports

Transposed

08/04/03

RO

Failure to transpose Directive 1999/95/EC

Directive 1999/95 of the European Parliament and of the Council concerning the enforcement of provisions in respect of seafarers’ hours of work on board ships calling at Community Ports

Transposed

25/07/03

LFN

Failure to transpose Directive 2001/105/EC and 2001/106/EC

Directive 2001/105 of the European Parliament and of the Council dated 19 December 2001 amending Council Directive 94/57 EC on Common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administration. Directive 2001/106 of the European Parliament and of the Council dated 19 December 2001 amending Council Directive 95/21/EC concerning enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for Ship Safety, pollution prevention and shipboard living and working conditions (Port State Control).

Transposed

28/01/04

LFN

Failure to transpose Directive 2002/84/EC

Directive 2002/84 of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships

Transposed

19/02/04

LFN

Failure to transpose Directive 2002/59/EC

Directive 2002/59 of the European Parliament and of the Council of 27 June 2002 establishing a Community Vessel Traffic Monitoring and Information System and repealing Council Directive 93/57/EEC

Transposed

13/10/04

LFN

Failure to transpose Directive 2003/54/EC and Directive 2003/55/EC

Directive 2003/54/EC of the European Parliament and of the Council of 26 July 2003 concerning common rules for the Internal market in Electricity and repealing Directive 96/92/EC Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the Internal Market in natural gas and repealing Directive 98/30/EC

Transposed Expected to be transposed November 2005

07/04/05

RO

Failure to transpose Directive 2003/55/EC

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

Expected to be transposed November 2005

05/07/05

LFN

Failure to notify transposition of Directive 2003/30/EC

Directive 2003/30/EC of the European Parliament and on the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport

Transposed

Wage Agreements.

Denis Naughten

Question:

181 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources the steps he will take to address the payment of increments under Sustaining Progress to former employees and pensioners of An Post; and if he will make a statement on the matter. [31215/05]

I refer the Deputy to a reply I gave to similar questions posed by Deputies Coveney and Durkan on 12 October — Questions Nos. 175 and 256. An Post is a commercial company and the question of pay increases in the company is one in which I have no function.

I would like to update the Deputy on recent developments on industrial relations in the company. The ballot for industrial action, put to the union membership, closed on Friday, 21 October. Subsequently, the union has served the company with 14 days' strike notice. The precise nature of such industrial action has not been announced.

Visa Applications.

Billy Timmins

Question:

182 Mr. Timmins asked the Minister for Foreign Affairs the position regarding nurses from India who have work permits to work in a hospital (details supplied) in County Wicklow for two years and who want to travel to England, and so on, if travel documents will be required; and if he will make a statement on the matter. [31091/05]

Non-nationals who are legally resident in Ireland but are here on the basis of a visa require a re-entry visa in order to re-enter the State following a visit abroad. If the individuals mentioned by the Deputy are not in possession of re-entry visas then they should make an application, either by post or in person to the Department of Foreign Affair's visa office, 13-14 Burgh Quay, Dublin 2. The Department's visa office operates an information service from Monday to Friday between the hours of 2.30 p.m. and 4.00 p.m. on 01 6331000 and information and application forms are also available on the Department's website at www.dfa.ie.

Information on entry requirements for Indian nationals resident here who wish to travel to Britain is available from the British Embassy, 29 Merrion Road, Ballsbridge, Dublin 4, Telephone 01 2053700. Information and visa application forms are also available on its website at www.britishembassy.ie.

EU Directives.

Ruairí Quinn

Question:

183 Mr. Quinn asked the Minister for Foreign Affairs the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31146/05]

The Department of Foreign Affairs does not currently have any outstanding EU directives to be transposed into Irish law.

Foreign Conflicts.

Ruairí Quinn

Question:

184 Mr. Quinn asked the Minister for Foreign Affairs if his attention has been drawn to the statement made by a senior United States military commander in Iraq (details supplied) that at least one Irish person is being detained in Iraq by US forces; when his attention was further drawn that this person was being detained; the discussions he has had with the United States Government in relation to this person; if he has satisfied himself that this person is being given full access to all their rights and to due legal process; if Irish consular staff have met with this person; the efforts being undertaken to ensure that the person is given full access to all their rights and to due legal process; the current location and detention status of this person; and if he will make a statement on the matter. [31177/05]

I am aware of a news agency report to the effect that an Irish citizen is being detained in Iraq by US forces. However, the Department has been unable so far, despite best efforts, to establish the facts of the situation and-or to identify the individual. The Department is actively continuing to make inquiries, and I will communicate with the Deputy when I have further information.

Human Rights Issues.

John Gormley

Question:

185 Mr. Gormley asked the Minister for Foreign Affairs if his attention has been drawn to the serious criticisms by Colombia and by international human rights organisations of the Irish Government’s financial and moral support of the demobilisation process of the right-wing paramilitaries in Colombia; if his attention has further been drawn to the fact that these paramilitaries continue to kill and abuse innocent Colombian citizens while continuing to be major players in the cocaine trade; if his attention has further been drawn to the fact that national and international NGOs within Colombia consider the Irish Government is legitimising armed groups who have carried out the majority of the massacres in Colombia over the past 20 years and who are now being offered an amnesty from prosecution; and if he will make a statement on the matter. [31210/05]

John Gormley

Question:

186 Mr. Gormley asked the Minister for Foreign Affairs if, in view of the Government’s recent statement at the Front Line conference in Dublin that the public have a right to know where Irish taxpayers’ money is being spent and that there should be a linkage between aid money and performance he will provide information on where the Irish Government’s contribution of €390,000 to the Colombian Government is being spent; and if he will make a statement on the matter. [31211/05]

I propose to take Questions Nos. 185 and 186 together.

Ireland has committed €390,000 over a three-year period to the Organisation of American States, OAS, peace and verification mission in Colombia. Sweden and the Netherlands are also funding the mission, the mandate of which is to provide comprehensive support to the Colombian peace process, with a focus both on demobilisation and on the strengthening of institutions concerned with the rule of law. This is in addition to the support of just under €1 million that we are providing to civil society in Colombia through Christian Aid and Trócaire.

The EU has consistently stressed the need for a negotiated peace settlement in Colombia and called for illegal armed groups to demobilise. It has confirmed its readiness and that of its member states to assist the Colombian Government and civil society in the provision of support for communities affected by the internal conflict. It has also called on all parties to the conflict to respect human rights and international humanitarian law and commended the work of the Office of the United Nations High Commissioner for Human Rights, UNHCHR, in Colombia.

Most recently, Ireland was actively involved in the negotiation of the conclusions on Columbia adopted by the General Affairs and External Relations Council on 3 October 2005. The Conclusions principally address the recently passed Justice and Peace Law, which provides an overall legal framework for demobilisation, disarmament and reintegration of illegal armed groups into society. They also welcome the involvement of the OAS in supporting the demobilisation of paramilitary groups.

The issues involved in such questions are complex and difficult. I am well aware of the human rights questions which arise in Colombia and of the criticisms of the Justice and Peace Law. In such situations, a balance has to be struck between justice and peace. The law reflects a number of such balances, including giving sufficient incentives to illegal armed groups to disarm and demobilise, while also requiring truth and reparations for the victims as well as the punishment of those who have committed crimes. It should also be borne in mind that the Justice and Peace Law has come about as a result of a lengthy democratic parliamentary process.

Within Columbia itself there are undoubtedly varying views on the peace process. Significant domestic supporters of the peace process include the Catholic Church, representatives of which have said that the Justice and Peace Law, despite its imperfections, has many positive points and that the key will lie in proper implementation of its provisions. Foreign Minister Barco welcomed Ireland's support when I met her in New York on 19 September 2005, while being very open about the challenges facing the process in the period ahead.

At its 61st session held in April 2005 in Geneva, the United Nations Commission on Human Rights adopted the chair's statement on the situation of human rights in Colombia. This found that, in 2004, illegal armed groups were responsible for the vast majority of criminal acts and breaches of international humanitarian law in Colombia. It is disturbing, despite the peace process which has seen many thousands hand in their weapons, that there continue to be credible allegations that paramilitaries remain involved in this type of action. However I am convinced, and this is also the assessment of our EU partners as reflected in the text of the conclusions that, if implemented effectively and in a transparent manner, the new law will have a positive effect on peace-building in Colombia. At the same time, we are urging the prompt implementation by the Colombian Government of the recommendations of the UN High Commissioner on Human Rights.

EU Directives.

Ruairí Quinn

Question:

187 Mr. Quinn asked the Minister for Arts, Sport and Tourism the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31147/05]

There are no EU directives within my Department's competency which are waiting to be transposed into law nor has my Department received any warning letters from the Commission or other EU bodies relating to non-transposed directives since it was established in June 2002.

Job Creation.

Beverley Flynn

Question:

188 Ms Cooper-Flynn asked the Minister for Enterprise, Trade and Employment the number of new State sponsored jobs created in each of the years ended 30 September 2002, 30 September 2003, 30 September 2004 and 30 September 2005 in the towns of Castlebar, Ballina, Westport and Claremorris and for County Mayo as a whole. [31081/05]

Employment data are collated by Forfás on a calendar year basis, January-December; it is collected at county level only and not broken down to specific towns. The following table shows the number of full-time jobs created in County Mayo in companies supported by the enterprise development agencies for the years 2002, 2003, and 2004. Employment numbers in agency-assisted companies are not yet available for 2005.

Full-time jobs created in agency supported companies — County Mayo.

2002

2003

2004

Jobs created

416

420

420

Economic Competitiveness.

John Perry

Question:

189 Mr. Perry asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that high costs are damaging competitiveness; the steps he has taken to tackle the issue (details supplied); and if he will make a statement on the matter. [31127/05]

Ireland is undergoing a positive transformation in how we earn our living from international trade and investment. This transformation builds on the success of consistent, pro-enterprise policies that have made the economy adaptable to globalisation. These policies have enabled enterprise in Ireland to make the most of new opportunities thrown up by changing trends in the global flows of goods, services and investments. These policies have resulted in an unprecedented expansion in both employment and job opportunities. The transformation in our economy brings change.

The National Competitiveness Council's, NCC, reports annually on our competitiveness and this year's annual report noted our competitive position over 170 indicators against 15 important competitor economies. The council's latest annual report highlights a number of areas where our performance could be improved but confirmed that Ireland is experiencing a strong and robust economic performance underpinned by impressive competitive strengths. From 1997 to 2004, Irish GDP grew by an average of over 7.5% compared with an average of just over 2% in the EU15. The indicators reflect that living standards in Ireland both in terms of GDP where we are first out of 15 and GNP where we are sixth out of 16, have grown significantly. GDP is expected to grow by around 5% per cent this year compared with an OECD average of 2.6%.

Of the 16 countries benchmarked by the NCC, Ireland is the most attractive for foreign direct investment. US companies, for example, earn the highest rate of return on their investments in Ireland as compared with other investment locations and in 2003 accounted for about 6% of all US foreign direct investment coming into Europe. Uncompromising investment decisions are not made in favour of uncompetitive and lowly rated economies.

The economy is also generating a relatively high rate of indigenous entrepreneurial activity. The NCC's analysis shows that Ireland is ranked second in the EU and seventh among the OECD countries on this measure. Pro-enterprise policies and the obvious success and reward from business activity are changing the climate for indigenous investment and entrepreneurship.

Our continued international competitiveness underpins the high levels of job creation we are experiencing right across the economy. The latest quarterly national household survey shows the number of persons in employment grew by 93,000 in the year to reach almost 1.93 million in the second quarter of 2005. At 5.1% this is the highest annual growth rate recorded since the second quarter of 2000. Moreover, we have seen employment increase in most sectors of the economy, not just construction, with financial and business services showing strong growth. These facts demonstrate that we remain a competitive economy for both foreign and indigenous enterprise and retain a strong capacity to generate and sustain employment while managing the transition to a more knowledge and services oriented economy. While the export performance of manufacturing is weaker it is significant that services exports continue to grow with Ireland's total share of world services trade growing from 0.5% to 2% since 1998. Furthermore we are winning new important and sophisticated foreign investment to replace employment in older manufacturing sectors.

However, despite these successes I am not complacent. To reinforce our competitiveness agenda I have mandated policy changes within enterprise support agencies such as the restructuring of Enterprise Ireland, the launch of its productivity improvement fund and the steady progression in implementing recommendations of the enterprise strategy group. Our investment in the productivity improvement fund is especially important in promoting the importance of productivity for competitiveness. Productivity is a vital area that all enterprises need to act on to embed competitiveness and enhance their ability to grow and invest.

Regarding cost competitiveness in general, the NCC has some good news in that Irish prices and costs are no longer increasing at a rate faster than elsewhere in the EU, where we are eighth out of 15 countries on this indicator. This stability will help in maintaining cost competitiveness but it is worthwhile noting that costs are just one aspect of competitiveness. Of more long-term importance is the rate at which we innovate, invest, increase productivity and provide market driven products and services, faster than our competitors.

EU Directives.

Ruairí Quinn

Question:

190 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31148/05]

My Department continues to accord a high priority to the transposition of directives and endeavours as far as possible to transpose directives in time to meet the deadline given for transposition.

There are currently seven directives awaiting transposition between now and the end of October 2005, of which six are overdue for transposition. In addition, a further 15 directives require to be transposed, two by the end of this year and the remainder in subsequent years. In the case of the overdue directives, three are the subject of letters of formal notice by the European Commission and a further directive is the subject of a reasoned opinion. Details of these directives are provided in the following table. It is anticipated that all of the overdue directives will be transposed before the year end.

Directive 2001/45/EC, concerning the minimum safety and health requirements for the use of work equipment by workers at work, which was due to be transposed by 19 July 2004, is currently the longest overdue directive. It is due to be transposed by way of regulations, namely the forthcoming Safety, Health and Welfare at Work (General Application) Regulations. It is intended that these regulations will be in force before the end of 2005.

Two directives which were previously transposed are also the subject of infringements under Article 226. In the case of Directive 92/100/EEC, rental right and lending right and on certain rights related to copyright in the field of intellectual property, the European Commission considered that Ireland had incorrectly transposed certain provisions of the directive. With the intention of resolving the matter, the Government has approved the drafting of legislation which will provide a legislative basis for the introduction of a positive public lending right scheme in Ireland. In respect of Directive 89/391/EEC, framework directive on safety and health of workers at work, the European Commission determined that Ireland had failed to fulfil its obligations in respect of the directive. The difficulties raised by the Commission have now been addressed in the Safety, Health and Welfare at Work Act 2005 and it is anticipated that proceedings will now be dropped.

It is not possible to provide definitive information on infringement proceedings prior to 2001. However, with the exception of those directives currently subject to infringement proceedings, as outlined above, all other infringement proceedings have been satisfactorily resolved. At present there are no other infringement cases outstanding. The following table provides details of EU directives for which infringement notices have been issued since January 2001 and where applicable it details the date transposed and the position in relation to those directives which are currently awaiting transposition.

Current infringement cases.

Description of Directive

Deadline for Transposition into Irish Law

Current position

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work

Directive was transposed in 1993. EU Commission determined that Ireland failed to fulfil its obligations in respect of this directive

Difficulties have now been addressed in the Safety, Health and Welfare at Work Act 2005 and it is anticipated proceedings will now be dropped

Directive 92/100/EEC on Rental Right and Lending Right on Certain Rights related to Copyright in the field of Intellectual Property.

Directive was transposed on 01/01/2001. EU Commission considered that Ireland had incorrectly transposed certain provisions of this directive

The Government has approved the drafting of legislation which will provide a legislative basis for the introduction of a positive Public Lending Right scheme in Ireland

Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work

19/07/2004

It is expected that the Regulations will be in force before the end of 2005. Letter of Formal Notice

Council Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees

08/10/2004

Draft Regulations are being finalised and it is intended to send them to the Office of Parliamentary Counsel shortly, the expected date of transposition is 31 December 2005 Reasoned Opinion

Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community

23/03/2005

The Bill was published on 19 July 2005, and it is hoped to have it enacted by end 2005. Letter of Formal Notice

Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibrations)

06/07/2005

It is expected that the Regulations will be in force before the end of 2005. Letter of Formal Notice

Infringement notices received since 2001 for the following directives which are now transposed.

Description of Directive

Deadline for Transposition into Irish Law

Date Transposed

Legislation

Directive 1998/6/EC on Consumer Protection in the indication of prices of products offered to consumers

18/03/2000

20/12/2002

SI 639 of 2002

Directive 1998/24/EC Protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive)

05/05/2001

19/12/2001

SI 619 of 2001

Directive 1998/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs

28/10/2001

01/07/2002

SI 39 of 2001

Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment

01/12/2000

04/06/2004

SI 374 of 2004

Directive 1999/44/EC on certain aspects of the sale of goods and associated guarantees

01/01/2002

02/01/2003

SI 11 of 2003

Directive 1999/45/EC of 31st May 1999 relating to the classification, packaging and labelling of dangerous preparations.

30/07/2002

19/02/2004

SI 62 of 2004

Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP

10/7/2001

14/07/2003

Protection of Employees (Fixed Term Work) Act 2003

Directive 2000/14/EC relating to the noise emission in the environment by equipment for use outdoors

03/07/2001

19/12/2001

SI 632 of 2001

Directive 2000/31EC on certain legal aspects of information society services in particular electronic commerce, in the internal market

17/02/2002

24/02/2003

SI 68 of 2003

Directive 2000/34/EC European Communities (Organisation of Working Time)(Activities of Doctors in Training), (Workers on Board Sea-going Fishing Vessels), (Inclusion of Transport Activities) (Inclusion of Offshore Work).

01/08/2003

01/01/2005

SI 819 of 2004

Commission Directive 2001/2/EC of 4 January 2001 adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment

01/07/2001

04/06/2004

SI 374 of 2004

Council Directive 2001/23/EC of 12 March 2001, relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses

12/7/2001

11/04/2003

SI 131 of 2003

Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

22/12/2002

19/01/2004

SI 16 of 2004

Directive 2001/41/EC relating to restrictions on the marketing and use of certain dangerous substances and preparations, as regards substances classified as carcinogens, mutagens or substances toxic to reproduction

18/07/2002

04/06/2003

SI 220 of 2003

Commission Directive 2001/59/EC of 6 August 2001 relating to the classification, packaging and labelling of dangerous substances

30/07/2002

27/03/2003

SI 116 of 2003

Commission Directive 2001/60/EC of 7 August 2001 relating to the classification, packaging and labelling of dangerous preparations

30/07/2002

19/02/2004

SI 62 of 2004

Directive 2001/65/EC amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions

01/01/2004

30/11/2004

SI 765 of 2004

Council Directive 2001/90/EC of 26 October 2001 adapting to technical progress for the seventh time Annex 1 to Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (creosote)

31/12/2002

04/06/2003

SI 220 of 2003

Commission Directive 2001/91/EC of 29 October 2001 adapting to technical progress for the eighth time Annex 1 to Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (hexachloroethane)

31/12/2002

04/06/2003

SI 220 of 2003

Commission Directive 2002/50/EC of 6 June 2002 adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment

01/01/2003

04/06/2004

SI 374 of 2004

Commission Directive 2002/62/EC of 9 July, 2002 relating to restrictions on the marketing and use of certain dangerous substances and preparations (organostannic compounds)

31/10/2002

04/06/2003

SI 220 of 2003

Directive 2003/6/EC of 28 January 2003 on insider dealing and market manipulation (market abuse)

12/10/2004

06/07/2005

SI 342 of 2005

Commission Directive 2003/124/EC of 22 December 2003 implementing Directive 2003/6/EC as regards the definition and public disclosure of inside information and the definition of market manipulation

12/10/2004

06/07/2005

SI 342 of 2005

Commission Directive 2003/125/EC of 22 December 2003 implementing Directive 2003/6/EC as regards the fair presentation of investment recommendations and the disclosure of conflicts of interest

12/10/2004

06/07/2005

SI 342 of 2005

Commission Directive 2004/13/EC amending Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs

29/01/2005

04/05/2005

SI 232 of 2005

Commission Directive 2004/72/EC of 29 April 2004 implementing Directive 2003/6/EC as regards accepted market practices, the definition of inside information in relation to derivatives on commodities, the drawing up of lists of insiders, the notification of managers transactions and the notifications of suspicious transactions

12/10/2004

06/07/2005

SI 342 of 2005

Occupational Safety.

David Stanton

Question:

191 Mr. Stanton asked the Minister for Enterprise, Trade and Employment the incentives in place to encourage workers in industry to develop safety apparatus and procedures; his views regarding an awards scheme for same; and if he will make a statement on the matter. [31157/05]

There are a number of schemes currently in place in Ireland and Europe to encourage innovation and good occupational safety, health and welfare practices.

The National Irish Safety Organisation, NISO, a voluntary body dedicated to the promotion of health and safety in Irish workplaces, runs an incentive scheme to encourage the development and implementation of good safety practices and procedures. This scheme, which is run annually, provides awards recognising safety and health performance across a range of categories and is always heavily subscribed. Another good practice award scheme at EU level is run by the European Agency for Safety and Health at Work. Ireland has, in the past, featured strongly in these awards. The seventh European good practice awards in occupational safety, health and welfare are currently being finalised. At this stage, it is envisaged that the 2006 award scheme will recognise companies or organisations, including schools, colleges and training providers that have made outstanding and innovative contributions to ensure that young people make a safe start in their working lives, and that risk awareness and prevention is promoted in enterprises, schools and colleges. I very much welcome such award schemes and I am happy to give my full support to them.

Employee Protection Legislation.

Richard Bruton

Question:

192 Mr. Bruton asked the Minister for Enterprise, Trade and Employment the number of breaches uncovered by the labour inspectorate in April to September 2005 and April to September 2004 which involved treatment of non-national workers; and the types of breaches involved. [31181/05]

No distinction is made in employment rights legislation between Irish and migrant workers. For the avoidance of doubt, section 20 of the Protection of Employee's (Part-Time) Work Act 2001 provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16 December 1996. This directive relates to the posting of workers in the framework of the provision of services and applies also to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being employed in the State or who works in the State under a contract of employment. Thus all employment rights legislation applies to migrant workers. As is the case in legislation, the labour inspectorate does not differentiate between migrant and Irish workers and accordingly does not have statistical information in relation to the number of breaches in respect of migrant workers alone.

The total number of breaches detected by the labour inspectorate in the period April to September 2005 was 1,125. The number of breaches detected in the period April to September 2004 was 1,060. The breaches in these instances relate to a wide remit of legislation. The principal breaches related to non-compliance with employment regulation orders and registered employment agreements.

Work Permits.

Michael Lowry

Question:

193 Mr. Lowry asked the Minister for Enterprise, Trade and Employment the status concerning an application made for a work permit by an employer (details supplied) in County Tipperary; and when a decision will be issued in this case. [31271/05]

The work permits section received a work permit application in respect of the individual concerned on 19 October 2005. The section has written to the employer requesting further details, and is currently awaiting a response.

Social Welfare Benefits.

Paul McGrath

Question:

194 Mr. P. McGrath asked the Minister for Social and Family Affairs the estimated cost to the Exchequer of increasing the threshold for family income supplement by €20, €30 and €40. [31233/05]

Weekly payments of FIS are made to families with children under 18 or between 18 and 22 if in full-time education, where at least one parent is in full-time remunerative employment of not less than 19 hours per week or 38 hours per fortnight, where the employment is likely to last at least three months and where the income of the family is less than a prescribed weekly amount. The number of FIS claims in payment at the end of September 2005 was 15,784. This represents an increase of 31% since December 2002, when 12,043 claims were in payment.

FIS income limits were increased by €39 per week in budget 2005. This represents a net increase of €23.40 per week for most recipients. Weekly FIS income limits have risen by €84 since 2002, a net increase of €50.40. The guaranteed minimum weekly rate of payment for anyone who qualifies for FIS increased to €20 from January 2004. The estimated cost of increasing FIS thresholds are contained in the following table. It should be noted that these estimates reflect the cost of these increases to current recipients only.

Estimated Full Year Cost of Increasing FIS threshold forCurrent Recipients

Threshold Increase

Cost (Est.)

€20

€9.4m

€30

€14.3m

€40

€19.2m

Question No. 195 answered with QuestionNo. 59.

David Stanton

Question:

196 Mr. Stanton asked the Minister for Social and Family Affairs the number of one-parent family payments currently being paid out by his Department; the number of these for which maintenance is being paid by a liable relative directly to the claimant; the further number for which maintenance is being paid by the liable relative directly to his Department; in the cases where maintenance is being paid directly to his Department, the resulting loss of income incurred by the one-parent family payments claimant; his plans to rectify this situation; and if he will make a statement on the matter. [31232/05]

The one-parent family payment acts as a safety net for people caring for children on their own, who receive inadequate maintenance, where maintenance payments are irregular or where efforts to secure maintenance in the first place fail. Applicants for one-parent family payments must satisfy the Department that they have made reasonable attempts to obtain such maintenance. They are also required to make ongoing efforts to seek adequate maintenance from their former spouses or, in the case of unmarried applicants, the parent of the child.

Since the introduction of the one-parent family payment in 1997, there have been substantial improvements in the rates of payment and in the assessment of means for the payment. One-parent family payment claimants are allowed to retain 50% of any maintenance received without reduction in their social welfare payment. They also have a disregard in respect of rent or mortgage payments up to a maximum of €95.23 per week. The number of one-parent family payment recipients being paid by my Department at the end of September 2005 is 79,937. Included in this figure are 906 payments to widowed persons.

My Department's records indicate that approximately 9,600 one-parent family payment recipients are in receipt of maintenance from a spouse or other parent, resulting in a payment at a reduced rate to the lone parent. However, many other recipients may be in receipt of maintenance while still qualifying for the maximum rate of one-parent family payment as a result of the provision allowing one-parent family claimants to retain 50% of any maintenance received. There were 2,019 liable relatives contributing directly to my Department at the end of September 2005, the latest date for which figures are available.

There is no loss of income incurred by one-parent family payment recipients where the Department has to pursue the issue of maintenance with the non-resident parent. Rather, the provision allowing one-parent family claimants to retain 50% of any direct maintenance received was established as an incentive for lone parents to seek agreement with the other parent on the level of maintenance to be paid. Any change to this approach will be considered in the context of the significant social reforms in the area of lone parents which are currently under consideration.

Computerisation Programme.

Dinny McGinley

Question:

197 Mr. McGinley asked the Minister for Social and Family Affairs if the first tier of a project put into operation by his Department reflects a true and accurate picture of a person’s insurance contribution history; if correct and accurate decisions on pensions will be made on this basis; if applicants can be confident of a true and accurate decision when applying for a pension; and if he will make a statement on the matter. [31064/05]

Seymour Crawford

Question:

198 Mr. Crawford asked the Minister for Social and Family Affairs if a company (details supplied) has met its target indicators in regard to work with his Department; the payment made to the firm to date; and if his Departmental staff are in a position to maintain the system after implementation. [31065/05]

Enda Kenny

Question:

199 Mr. Kenny asked the Minister for Social and Family Affairs the function and condition of employment of two consultancy firms (details supplied) working with his Department; the extent of payment made to each of these firms to date in 2005; their schedule of work targets; if they are in a position to meet these targets; and if he will make a statement on the matter. [31066/05]

David Stanton

Question:

200 Mr. Stanton asked the Minister for Social and Family Affairs his views on the fact that the contributions history which was the first tier of SDM phase two project has been put into operation without the full promised functionality and cannot be used by his Department’s EU records or CES sections; if he has satisfied himself with this position; and if he will make a statement on the matter. [31067/05]

David Stanton

Question:

201 Mr. Stanton asked the Minister for Social and Family Affairs if the pensions system promised for 2006 will be delivered on time and if it will speed up the processing of claims; if the system will be more efficient than the current pen live system used by his Department; and if he will make a statement on the matter. [31068/05]

Bernard Allen

Question:

202 Mr. Allen asked the Minister for Social and Family Affairs the criteria used in appointing consultants (details supplied) to phase two of a project to his Department; if their involvement in phase one SDM of a project influenced the decision to appoint them; if his attention has been drawn to the appointment of this firm to a further Government contract; and if he will make a statement on the matter. [31069/05]

Enda Kenny

Question:

203 Mr. Kenny asked the Minister for Social and Family Affairs the start up date of the service delivery modernisation within his Department; the cost to date in 2005 of this project; if the project is on schedule; when the next phase will be delivered; and if he will make a statement on the matter. [31070/05]

I propose to take Questions Nos. 197 to 203, inclusive, together.

My Department is highly dependent on information and communications technology to support schemes, produce payments and deliver a pro-active service to customers. By the late 1990s, it was clear that our technology and processes were becoming obsolete and that a radical programme of change and development was required to meet new and ongoing needs of the Department.

In July 2000, the Government approved proposals by the Department for the service delivery modernisation, SDM, programme. The SDM is a multi-annual programme of work involving the introduction of new technology and the replacement of legacy computer systems. It also involves the redesign of back office systems, business processes, procedures and work practices and the introduction of new organisational structures. The programme, which comprises business, organisation and technical streams, is designed to be implemented in self-contained phases. Each phase delivers key business benefits, extends the business object model chosen by the Department and strengthens and enhances the underlying technical architecture.

The first phase of SDM, which focused on the child benefit scheme, commenced in February 2001 and was successfully implemented in November 2002. The current phase commenced on 31 May 2004 and covers the extension of the SDM programme to retirement pension, old age contributory pension, related household benefits and bereavement grants. Each phase of the programme has two main strands: technical, which involves the development and refinement of the information technology infrastructure to provide the foundation for a radically improved and modernised system of service delivery for all social welfare schemes; and business reorganisation, which involves a parallel programme of organisational change to take advantage of the new technology and information and communication technology, ICT, systems and to deliver efficiencies in business processes and maximize customer service.

As part of the current phase of the SDM programme, a contribution history object, CHO, is being developed on a phased basis. The first phase of the CHO, which facilitates the electronic consolidation of a customer's full insurance record, was implemented in October 2005. This development provides for a new interface to the post-1979 contributions data, currently stored on the Departments central records system, CRS, and for the capture of pre-1979 insurance histories which were previously only available on microfiche. The next phase of the CHO, which will incorporate EU records and client eligibility services, will be implemented early in November 2005.

The contributions history, once collated, will provide a comprehensive and accurate view of the customer's insurance record. This will facilitate quick and easy access for sections across the Department to customers records. The CHO will enhance the role of deciding officers, who are statutorily appointed to make decisions on a person's entitlement to a social welfare payment, by providing them with speedier access to comprehensive more accurate insurance records.

The Department has in place well tried procurement structures and procedures which fully comply with EU public procurement regulations. All consultancy contracts for SDM were carried out in strict compliance with these regulations. Consultants for the technical project were appointed following an open procurement competition. The criteria used in evaluating responses to the request for tenders, RFT, were published in the RFT. The appointment was made following a full evaluation of the tenders received having regard to the award criteria. The same consultancy company was also awarded a contract in 2002 to define a software change management, SCM, process for the Department following an open tender competition.

In awarding contracts the Department does not take account of contracts previously carried out by the tendering company, whether for this Department or any other body. Contracts are awarded on the merits of the tender and the extent to which they meet the criteria set out in the RFT. The Department establishes a relationship solely with the successful company, which is then responsible for the delivery of all services provided under the terms of the contract. All duties and responsibilities associated with the contract, including the quality and timeliness of the work, lies with the prime contractor. This includes responsibility for the work of sub-contractors brought in by them.

The Department has contracted with a company to deliver the technical stream of the current phase of SDM. This company has sub-contracted two other companies to deliver some elements of the contract. All payments due under this contract are made to the prime contractor and the Department is not party to business arrangements or payments made by the prime contractor to the sub-contractors. One of the sub-contracting companies was responsible for developing the underlying architectural approach being adopted by the SDM. For this reason, the Department separately engaged this company to provide direct quality assurance and general business object modelling advice. A total of €6,000 has been paid for these services in 2005. No payments have been made by the Department to the second named sub-contractor.

The SDM programme involves the introduction of new systems development approaches, new methodologies and technologies which give rise to a need for new skill sets. A key element of each phase of SDM is a programme of skills transfer from the consultants to our staff so as to lead to a build up of skills over time. The current phase of SDM includes a skills transfer programme encompassing training, education and involvement in critical design aspects of the project leading to the build up of skills and experience of the new approaches and technology. It is expected that all requisite skills will be acquired over the course of the programme. It was never expected that the Department would be self sufficient in terms of its ability to maintain all aspects of the system after implementation of the project. Indeed, given the range of skills required, it would not be practical to try to acquire all these skills and to retain them in-house. Consequently, there will always be a need for some external support.

The current phase of the SDM programme encompasses the contributory and retirement pension schemes and is scheduled for implementation at the end of March 2006. The new system will facilitate the proactive initiation of pension claims, make it easier for customers to transact their business with the Department and will provide additional support for staff in carrying out their duties. I am satisfied, however, that Department staff are gaining critical experience, education and learning opportunities in this phase of the project which will contribute to their ability to manage, control and lead future phases of the SDM programme.

During 2005 the Department incurred expenditure with regard to software development consultancy, purchase of computer hardware and software, organisational change consultancy and staff salary costs on the SDM programme. To date these costs for 2005 are €3,411,227.54.

The service delivery modernisation programme is a major undertaking which aims to introduce modern ICT systems and work practices to allow the Department to respond more rapidly to strategic changes and to deliver a high quality, pro-active personalised and integrated service to its customers. I am satisfied that the new system will deliver tangible benefits for customers and will be more efficient both in terms of accuracy and time taken to deal with the processing of claims.

Social Welfare Benefits.

John Perry

Question:

204 Mr. Perry asked the Minister for Social and Family Affairs his plans to provide fuel allowance for persons on the rural social scheme; and if he will make a statement on the matter. [31099/05]

The rural social scheme was introduced in May 2004 by my colleague, the Minister for Community, Rural and Gaeltacht Affairs, to provide income support to farmers and fishermen and their dependent spouses. The scheme is payable, subject to certain conditions, to people who previously had been in receipt of a qualifying social welfare payment or who had participated in community employment. The specified qualifying social welfare payment types are farm assistance, unemployment assistance, unemployment benefit, disability allowance and community employment.

The Department of Community, Rural and Gaeltacht Affairs has advised that equivalent payments will be made through the rural social scheme for participants who had an entitlement to fuel allowance previously under their relevant social welfare or community employment scheme.

EU Directives.

Ruairí Quinn

Question:

205 Mr. Quinn asked the Minister for Social and Family Affairs the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31149/05]

There are no outstanding EU directives within the competency of my Department that have not been transposed into law. No warning letters were received by the Department from the Commission or any other EU bodies concerning non-transposed directives during the period referred to by the Deputy and no legislation is outstanding.

Social Welfare Code.

David Stanton

Question:

206 Mr. Stanton asked the Minister for Social and Family Affairs the current disability allowance disregard; when the disregard was last increased; if his attention has been drawn to the fact that the current income disregard means that if a person with a disability works sixteen hours or more per week, his or her disability allowance will be reduced; if his attention has further been drawn to the FÁS criterion that the optimum minimum hours to be worked is 18 hours per week; his views on whether the current situation is acting as a disincentive for persons with disabilities to take up employment; the actions he will take as a result of same; and if he will make a statement on the matter. [31158/05]

The earnings disregard for those in receipt of disability allowance who engage in rehabilitative employment has been increased on an number of occasions since the transfer of the then disabled persons maintenance allowance, DPMA, from the health boards to my Department as disability allowance in 1996. At that time the disregard was £35.20, equivalent to €44.69 and was increased to £36.30 or €46.09 on 4 June 1997 and to £50 or €63.49 on 3 June 1998. It was then increased to £75 of €95.23 on 5 April 2000 and extended to earnings from self-employment. It reached its current level of €120 in April 2000.

The earnings disregard provides an initial incentive for recipients of disability allowance to take up employment opportunities but once in employment, the incentive to increase existing earnings above this limit is affected by the fact that all additional earnings will be assessed on a euro for euro basis. The increase in the minimum wage level has also had an impact on the incentive for people to increase their employment beyond the level of the current disregard.

A recent review of the illness and disability schemes carried out by my Department suggested that continually increasing the income disregard level can lead to difficulties for persons who wish to increase their employment level. The review group favoured a mechanism to allow for the more gradual withdrawal of social welfare benefits as earnings increase to ensure that people who increase their earnings or employment potential will also increase their overall income level.

My Department is currently examining ways to make it easier for people with disabilities to take up work and to address any disincentives within the schemes to do so. Any changes to the disability allowance scheme in this regard will be considered in a budgetary context.

Pension Provisions.

David Stanton

Question:

207 Mr. Stanton asked the Minister for Social and Family Affairs the number of persons receiving the blind person’s pension and the overall cost in the current year of paying this pension; the extra amount required to bring the blind person’s pension rate to the contributory old-age pension rate; and if he will make a statement on the matter. [31159/05]

There are currently 1,982 people receiving blind pensions from my Department. The blind pension scheme is expected to cost €16.9 million in 2005. The estimated additional cost of increasing the rate of blind pension to the equivalent rate of old-age contributory pension is €1.4 million per annum. Any increase in the rate of blind persons pension could only be considered in a budgetary context and in with regard to pensions reform.

Social Welfare Benefits.

Bernard J. Durkan

Question:

208 Mr. Durkan asked the Minister for Social and Family Affairs when the one-parent family allowance will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31194/05]

A deciding officer disallowed the person's claim for one-parent family payment on the grounds that the person is co-habiting with another as man and wife. An appeal on the person's behalf was received on 11 October 2005 in the social welfare appeals office. An appeals officer has considered the case and is of the opinion that an oral hearing is necessary. The person concerned will be notified of the time, date and venue of the hearing when these have been arranged. Under social welfare legislation, decisions concerning claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role with regard to making such decisions.

Michael Ring

Question:

209 Mr. Ring asked the Minister for Social and Family Affairs the basis on which he refused unemployment benefit to a person (details supplied) in County Mayo; the legal basis for the decision as this person has produced evidence proving that they are consistently seeking full-time work; and the evidence he has to validate the claim that the person is not looking for work. [31195/05]

Social welfare legislation provides that to be entitled to unemployment benefit a person must be available for employment and be genuinely seeking work. The onus is on the claimant to show to the satisfaction of a deciding officer that he or she satisfies each of these conditions on an ongoing basis.

In accordance with section 42(4)(a)(iii) of the Social Welfare (Consolidation) Act 1993, as amended, a deciding officer disallowed the unemployment benefit claim of the claimant concerned from 3 August 2005 on the grounds that the person was not genuinely seeking full-time work. The deciding officer, taking into account all relevant circumstances and based on the evidence provided by the claimant, was not satisfied he had been consistently seeking full-time work. The person concerned appealed this decision and his file has been forwarded to the independent social welfare appeals office for determination. When a decision is made, the person concerned will be notified of the outcome. Under social welfare legislation, decisions concerning claims and the insurability of employment must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Question:

210 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo is not receiving the free fuel allowance. [31223/05]

The person concerned is in receipt of maximum rate widow's contributory pension of €85.70 and €7.70 living alone allowance. To qualify for a payment under the national fuel scheme, the total income of a widow, including her widow's contributory pension, must not exceed €236.49 per week. The person concerned is receiving an occupational pension in addition to her widow's contributory pension, bringing her income above the weekly threshold of €236.49. Accordingly, her application for the fuel allowance has been disallowed.

Bernard J. Durkan

Question:

211 Mr. Durkan asked the Minister for Social and Family Affairs if the one parent family allowance will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31250/05]

The person concerned applied for one parent family payment on 5 August 2005 and his case was forwarded to an inspector for investigation. A number of calls were made to the person's address but he was not available for interview. An appointment has been made to interview the person concerned this week.

Bernard J. Durkan

Question:

212 Mr. Durkan asked the Minister for Social and Family Affairs the reason farm assist has not been awarded to a person (details supplied) in County Meath; and if he will make a statement on the matter. [31253/05]

The person concerned claimed farm assist on 18 April 2005. He was requested to submit certain information in support of his claim. To date, a number of items remain outstanding. On receipt of the required documentation the claim will be examined in full and he will be advised of the outcome in due course.

Social Welfare Code.

Bernard J. Durkan

Question:

213 Mr. Durkan asked the Minister for Social and Family Affairs if he will introduce budgetary measures to improve the level of payments to widows with dependent children or those who do not qualify for free schemes; and if he will make a statement on the matter. [31254/05]

Widows and widowers can qualify for one of a number of different schemes depending on their particular circumstances. The contributory widow's or widower's pension is available to those who satisfy the necessary PRSI contribution conditions, either on their own record or that of the deceased spouse. Those qualifying for this benefit are not subject to any means test.

Those without the necessary PRSI contributions can, if they have qualifying children, receive the one-parent family payment. This is a means tested payment but it does feature a reasonable earnings disregard which is designed to assist with the extra costs those with children face in trying to access training or employment. Up to €146.50 of earnings per week is completely disregarded, while earnings in excess of that up to €293 per week, are assessed at 50%.

Widows and widowers with dependent children can benefit from the widowed parent grant introduced in 2000 for additional assistance following a bereavement. The grant is currently valued at €2,700 and is paid in addition to the usual after death payments. Increases in the rates of child benefit are also of benefit to widows and widowers with children. Since 1997, the monthly rates of child benefit have been increased significantly. The current rates of child benefit are €141.60 per month for each of the first and second children and €177.30 per month for the third and subsequent children.

Increases in payment supports for widows and widowers have more than covered increases in living costs in recent years. I am continuing to look for opportunities to improve their position and, in this regard, the various provisions for widows and widowers under the social welfare code are being examined in the context of the forthcoming budget and broader social policy reforms.

International Agreements.

Bernard J. Durkan

Question:

214 Mr. Durkan asked the Minister for Social and Family Affairs the extent to which bilateral agreements are working satisfactorily; if there is a need to modernise or otherwise amend the existing arrangements; and if he will make a statement on the matter. [31255/05]

Ireland has social security agreements with seven countries — Austria, Australia,Canada, New Zealand, the United Kingdom, the USA and Switzerland. These agreements came into effect between 1989 and 1999, except for that with the UK which came into effect in 1971. Ireland also has a bilateral understanding with Quebec since 1 October 1994.

All these agreements are currently in operation and working satisfactorily. The main purpose of these agreements is to protect the social security pension rights of workers who have worked both in Ireland and the other country to which the agreement applies. In the case of Austria,Switzerland and the United Kingdom, they now have limited application as the EU regulations normally apply.

The bilateral agreements provide for the adding together of periods of insurance and, where appropriate, periods treated as equivalent to periods of insurance, completed in Ireland and the other country involved, for the purposes of calculating and awarding pensions. They also provide that temporarily posted workers may continue for a specific period under the social insurance system of the country in which they were previously insured instead of transferring for a short period into the other country's system.

Liaison procedures have been established with each country and are kept under constant review. Regular contact is made with the appropriate foreign agencies to ensure the smooth transfer of the necessary information required to decide on these types of claims. At present, no significant difficulties are being experienced in relation to any of the agreements.

For all schemes, the time taken to process claims that fall to be examined under bilateral agreements is longer than that for standard Irish entitlements, reflecting the added complexity that arises in determining entitlements under these agreements. While every effort is made to minimise processing times, the over-riding objective in dealing with these claims is to ensure that people receive their full entitlements. I am satisfied that overall the procedures are working effectively and efficiently. An updated social security agreement with the UK has been signed and it is hoped to have it ratified before the end of this year.

A revised social security agreement with Australia was signed on 9 June 2005. I hope to be in a position to lay the revised agreement before the House for approval in the very near future. In relation to the Irish provisions, there were very few changes required to the existing agreement.

Discussions have been held between officials of my Department and their counterparts in New Zealand regarding revision of that agreement. As in the case of Australia, the amendments to the Irish provisions are likely to be few.

It is intended, in due course, to consult with the relevant authorities in Canada, Quebec and the United States and to examine the need for updating the provisions of these agreements.

Social Welfare Benefits.

Bernard J. Durkan

Question:

215 Mr. Durkan asked the Minister for Social and Family Affairs the number of persons disallowed rent allowance since 2002; his proposals to bring about changes in this area; and if he will make a statement on the matter. [31257/05]

Rent supplements are provided through the supplementary welfare allowance scheme which is administered on my behalf by the community welfare division of the Health Service Executive.

Detailed statistics of rent supplement applications refused are not maintained by the executive or on my Department's computer systems. However, my Department undertook a survey, in four of the former health board areas, of all rent supplement cases refused for the period 1 June 2004 to 30 November 2004. These regions account for one third of the rent supplement scheme. Based on this survey, which identified over 400 cases refused, the total number of refusals nationally is estimated to be in the order of 2,600 per annum. This is in the context of some 40,000 claims awarded per year, and of over 59,000 rent supplement claims in payment currently.

Given this relatively low rate of claim refusal, and the lack of any particular pattern or causes, I have no plans at present to modify the scheme rules. My Department will continue to monitor rent supplement decision outcomes periodically. More generally, the efficiency and effectiveness of the rent supplement scheme is being considered by my Department in the context of an overall review it is carrying out of the supplementary welfare allowance scheme generally, as part of the ongoing expenditure review programme.

Social Insurance.

Bernard J. Durkan

Question:

216 Mr. Durkan asked the Minister for Social and Family Affairs his plans to facilitate both owners of property who currently make self-employed contributions with a view to pension payment to both as opposed to at present, payment to one or either; and if he will make a statement on the matter. [31258/05]

I understand the Deputy is referring to the position of the PRSI contributions payable by couples in relation to farming activities. Under social welfare legislation, the social insurance status of spouses in a family business, including farming, can vary. Broadly speaking there are three different scenarios to be considered.

First, where spouses are actively engaged in farming or any other enterprise as a business partnership, as opposed to simply being joint owners of a property, they are treated as individual self-employed contributors and are liable to social insurance contributions. These contributions enable them to build up an insurance record in their own right and receive accruing benefits. A partnership is commonly understood to be an association of two or more persons for the purpose of gain, or sharing in the work and profits of any enterprise. Liability for PRSI contributions is not contingent on the ownership of property but rather the nature of the business arrangements between the couple. Co-ownership of property does not of itself create a partnership.

Second, where a family business in incorporated as a limited company, spouses involved in the business can establish a PRSI record either as employees or as self-employed contributors depending on whether a contract of service exists.

Third, a person employed under a contract of service, that is, as an employee, by his or her spouse is an "excepted" contributor under social welfare legislation. The exceptions apply to both men and women in family employments and recognise the practical difficulties in establishing the nature of a genuine employment relationship in such circumstances.

Where formal employment or partnership relationships are intended between spouses or assisting relatives, the legislation provides the scope necessary, as outlined above, to allow parties enter into arrangements which enable PRSI contributions to be payable.

The issue of the insurability of farm spouses for social insurance purposes has been considered on a number of occasions. An interdepartmental group chaired by the Department of Agriculture, Food and Rural Development, concluded in 2002 that "the formation of business partnerships offers an immediate route of access to social insurance cover as it is based on existing legislation. Such arrangements would not impose any significant additional administration costs on farm businesses; for example, couples who are liable for income tax under joint or separate assessment will continue to make one income tax return each year, the only change being that the income of the farm enterprise will be apportioned in accordance with the partnership arrangements".

A social partnership group addressing issues relating to a fully-inclusive social insurance model, FISIM, which included representatives of the farming organisations, considered how the social insurance system should develop to be more inclusive in its approach to this issue. Its report, published in June this year, acknowledged the significance of the partnership option and recommended that more information on the tax and social welfare implications of families working in a partnership or as a limited company should be available. This recommendation is being progressed.

Question No. 217 answered with QuestionNo. 25.

Pension Provisions.

Bernard J. Durkan

Question:

218 Mr. Durkan asked the Minister for Social and Family Affairs if he will increase old age pensions in line with price increases generally, especially those not reflected in the CPI; and if he will make a statement on the matter. [31260/05]

In the programme for Government, the Government has made the needs of older people a priority with the inclusion of several commitments related specifically to older people. One of these is a commitment to increase the old age pension rate to €200 per week by 2007. Significant progress towards this objective has been made since the Government took office in 1997 with increases of up to €80.26 per week or 81% during this period. The consumer price increase over the same period is 30.7%. The real increase in pensions since 1997 is 38.5%. At present, the maximum rate of the old age contributory pension stands at €179.30.

Progress has also been made to increase the level of qualified adult allowance for pensioner spouses to the level of the old age non-contributory pension with a number of special increases granted in recent budgets. Also, new pension claimants can now opt to have the qualified adult allowance, QAA, paid directly to their spouse or partner. The administrative and legislative implications of enhancing these provisions are being examined to ensure that more qualified adults can receive a personal payment.

Budget 2005 provided for an increase of €9.30 or 7.2% in the QAA rates of old age contributory pension and retirement pension, ensuring that the levels of these payments were maintained relative to the personal rates of payment. QAA rates for those over 66 years of age now stand at between 66% and 77% of maximum personal rates, up from about 60% and 67% in 2000. Invalidity pension QAA rates for over 66's have been brought up to the level of other contributory pensioner rates.

In addition, a significant improvement for old age non-contributory pensioners was made with the increase in the capital disregard from the first €12,697.38 to the first €20,000 of savings or other assessable assets, such as shares or bonds, when means are being assessed.

Further improvements in pension rates will be considered in the context of the forthcoming budget and in the context of broader social policy reforms.

Question No. 219 answered with QuestionNo. 32.
Question No. 220 answered with QuestionNo. 31.
Question No. 221 answered with QuestionNo. 25.

Departmental Correspondence.

Denis Naughten

Question:

222 Mr. Naughten asked the Minister for Transport if he will respond to correspondence (details supplied); the reason for the delay in responding; and if he will make a statement on the matter. [31075/05]

The response referred to in the Deputy's question was issued on 26 August 2005. A copy has been forwarded to the Deputy this week.

Vehicle Registration Tax.

Beverley Flynn

Question:

223 Ms Cooper-Flynn asked the Minister for Transport the position regarding the report of the working group on the review of vehicle tax rates; and his views on the special provisions for the hiring by local authorities of small haulage vehicles on minor road works. [31076/05]

I presume the question relates to the informal meetings, not a working group, of which I have today been made aware, on tractors and trailers between representatives from the Departments of Transport and Agriculture and Food, the Farm Tractor and Machinery Trade Association, FTMTA, the Professional Agricultural Contractors, PAC, and the IFA. The discussions are to review the general regulatory framework under which agricultural tractors and trailers operate and, in particular, the appropriateness of the current definition of an agricultural tractor for road traffic purposes having regard to the various definitions used solely for motor registration and motor tax purposes.

The question of the use of agricultural tractors and trailers for the hiring by local authorities of small haulage vehicles on minor road works does not form any part of the group's discussions and deliberations. As regards that latter question, however, I am currently reviewing the situation and will revert to the Deputy in due course.

Road Signage.

John Perry

Question:

224 Mr. Perry asked the Minister for Transport the rules and regulation from his Department which are issued to local authorities for speed limits and signage; and if he will make a statement on the matter. [31100/05]

The Road Traffic Act 2004 establishes the legislative basis for the application of speed limits on all public roads. The Act sets down specific speed limit values that apply on a default basis to different types of road. In addition, section 9 of the Act provides that the elected members of county and city councils may make by-laws for the purpose of effecting the deployment of special speed limits, which are set out in the Act, on specified roads in lieu of the default speed limits. It also provides that county and city managers may by order apply speed limits on roads where road works are being undertaken for a specified period not exceeding 12 months.

In January 2005, I made regulations, the Road Traffic (Speed Limit — Traffic Signs) Regulations 2005 (SI No. 10 of 2005), prescribing the regulatory traffic signs displaying metric units of measurement, km/h, that the road authorities must provide on public roads to indicate the speed limit in force. This range of traffic signs can be deployed to indicate that a default speed limit, a special speed limit or a road works speed limit is in force.

Section 9 of the 2004 Act also provides that the Minister for Transport may issue guidelines to county and city councils in relation to the making of special speed limit by-laws. I issued such guidelines on 18 April 2005. A copy of the guidelines is available in the Oireachtas Library and may also be viewed on my Department's website www.transport.ie under roads-publications.

EU Directives.

Ruairí Quinn

Question:

225 Mr. Quinn asked the Minister for Transport the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non-transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31150/05]

The directives which have not yet been transposed into Irish law are set out in the following table.

No.

Title

Deadline for Transposition

1

Directive 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped headlamps and to incandescent electric filament lamps for such headlamps

01/04/1999

2

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

09/05/2003

3

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

01/12/2003

4

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

01/01/2005

5

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

23/03/2005

6

Commission Regulation 1360/2002/EC adapting for the seventh time to technical progress Council Regulation (EEC) No. 3821/85 on recording equipment in road transport.

05/08/2005

7

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

04/07/2005

8

Directive 2003/35/EC of the 26 June 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regarding to public participation and access to justice Council Directive 85/337/EEC and 96/61/EC

25/06/2005

The directive which has been waiting transposition for the longest period is Directive 1999/17/EC of 18 March 1999 (No. 1 on table above).

Warning letters which issued to my Department in each of the years from 1997 to date are outlined in the following table.

Subject

Years letters received

Number of Letters

Transposed

If outstanding, date it was due to be transposed

Directive 96/67/EC of 15 October 1996 on “Access to the Groundhandling market at Community Airports” which was due to be transposed by 25 October 1997.

19971998

11

Transposed

Directive 95/18/EC of 19 July 1995 on the European Communities (Licensing of Railway Undertakings) Regulations, 1999

1998

1

Transposed

Directive 95/91/EC of 19 July 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees

1998

1

Transposed

Council Directive 96/53/EC of 23 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights

1998

1

Transposed

Council Directive 98/14/EC of 6 February 1998 adapting to technical progress Council directive 70/156/EEC on the approximation of the laws of the member states relating to the type-approval of motor vehicles and their trailers

1998

1

Transposed

Commission Directive 98/77/EC of 2 October 1998 adapting to technical progress Council Directive 70/220/EEC on the approximation of the laws relating to measures to be taken against air pollution by emissions from motor vehicles

1999

1

Transposed

Commission Directive 1999/100/EC adapting to technical progress Council directive 80/1268/EEC relating to the carbon dioxide emissions and the fuel consumption of motor vehicles and 1999/102/EEC of 15 December 1999 adapting to technical progress Council directive 70/220/EEC relating to measures to be taken against air pollution by emissions from motor vehicles

2000

1

Transposed

Commission Directive 1999/52/EC of 26 May 1999 of adapting to technical progress Council Directive 96/96/EC on the approximation of the laws of Member states relating to roadworthiness tests for motor vehicles and their trailers

2001

1

Transposed

Council Directive 72/166/EEC on the approximation of the laws of the Member states relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of obligation to insure against such liability

2001

1

Transposed

Directive 96/49/EC of 23 July 1996 on the approximation of laws of the Member States with regard to the transport of dangerous goods by rail

2000

1

Transposed

Council Directive 98/20/EC of 30 March 1998 amending Directive 92/14/EEC on the limitation of the operation of aero planes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation

2002 1999 2000

1 4 4

Transposed

Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high speed rail system

2002

1

Transposed

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91

2004 2005

1 1

Transposed

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

2004 2005

2 1

1 Dec 2003

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

2005

1

4 July 2005

Directive 2000/9/EC on Cableway Installations Designed to Carry Persons

2002

1

Transposed

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

2005

1

23 March 2005

Directive 2000/56 of 14 Sept 2000 amending Council Directive 91/439/EEC on driving licenses

2004

1

Transposed

Directive 2001/16/EC of the European Parliament and of the Council of 19th March 2001 on the interoperability of the trans-European conventional rail system

2003

1

Transposed

Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community’s railways

2003

1

Transposed

Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings

2003

1

Transposed

Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification

2003

1

Transposed

Directive 2000/30/EC relating to random technical roadside inspection of commercial vehicles

2002

1

Transposed

Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 1973/239/EEC and 1988/357/EEC (Fourth motor insurance Directive)

2002

1

Transposed

Directive 2002/85/EC relating to the installation and use of speed limiters in certain categories of motor vehicles

2005

1

1 January 2005

Public Transport.

Richard Bruton

Question:

226 Mr. Bruton asked the Minister for Transport the number of new buses purchased by Dublin Bus with funding from his Department in each of the past five years; the present age structure of the Dublin Bus fleet and his estimate of the efficient life of bus. [31163/05]

The following table gives the total number of buses purchased by Bus Átha Cliath and the current age profile of the fleet.

Year

1992

1993

1994

1995

1996

1997

1998

Number

15

23

45

50

77

61

68

Year

1999

2000

2001

2002

2003

2004

Number

214

225

55

53

90

36

Bus Átha Cliath has informed me that it considers 12 years to be efficient life of a large public service vehicle on intensive urban operation. It states, however, that greater reliability and customer benefits could be achieved by reducing this to ten years.

A total of €53.954 million was provided directly from the Vote of my Department in the five-year period to 2004 towards the cost of bus purchases. A further €1.2 million will be allocated in 2005.

Penalty Points System.

Róisín Shortall

Question:

227 Ms Shortall asked the Minister for Transport the status of penalty points attached to records of all drivers as a result of speeding offences measured by equipment subsequently found to be in breach of legislation by the courts as in the case of Garda laser gun technology; if he has formed a policy on the appropriateness of the continuation of such points; and if he will make a statement on the matter. [31191/05]

The Road Traffic Act 2002 provides that penalty points are endorsed on a licence record where a person has been convicted of an offence that attracts such points or where the person chooses to pay a fixed charge in respect of such an offence.

Where a person is detected exceeding a speed limit, he or she is offered the opportunity to pay a fixed charge. The making of such a payment is in effect a statement by the payee that he or she will not contest the accusation referred to in the notice, thus ensuring that the matter will not proceed to a hearing before a court. Following receipt of the payment of a fixed charge in respect of a speeding offence, the licence record of the person is endorsed with two penalty points.

Where a person has been convicted by a court of the commission of a speeding offence, four penalty points will be endorsed on the licence following the expiry of the period established for the making of an appeal against the conviction.

The Act provides for the removal of penalty points where a court accepts a late appeal from a person convicted of a penalty point offence and following the hearing of the appeal sets aside the original conviction. Penalty points on a licence record may also be removed on foot of an order of a court requiring the Minister to remove penalty points from a licence record arising other than as a result of a late appeal.

Public Transport.

Róisín Shortall

Question:

228 Ms Shortall asked the Minister for Transport his estimate of the average cost per licence to his Department of administering and enforcing the bus licensing system; the extent to which this cost is recouped in the licence fee; his plans to introduce regulations under current legislation to raise the application and licence fees to at least this cost; if so, when this will happen; and if he will make a statement on the matter. [31192/05]

The legal basis for the fees charged by the bus licensing division of my Department for passenger licences issued under the Road Transport Act 1932 is the regulations made under the Act, that is the Road Transport Regulations 1932, No. 26 of 1932, as amended by Regulations in 1955, No. 68 of 1955. My Department is currently reviewing the level of these fees and will be proposing revised charges in the new year. The current level of fees is as follows:

Grant of Annual Passenger Licences

A continuous passenger road service

7.62

A seasonal passenger road service

5.08

Renewal of a continuous/seasonal passenger road service:

2.54

Grant of Occasional Passenger Licences:

In respect of one occasion

0.63

In respect of more than one occasion

5.08

My Department was unable at short notice to collate the information requested by the Deputy estimating the average cost per licence of administering and enforcing the bus licensing system. However, this information will be forwarded directly to the Deputy shortly.

Total revenue from fees in 2004 was €5,055. This is inadequate to meet the true cost of administering and enforcing the bus licensing system. This and the other acknowledged limitations of the existing road transport legislation underline the need for modernisation. I am currently considering the views and issues put to me by the various stakeholders in this regard.

Dan Boyle

Question:

229 Mr. Boyle asked the Minister for Transport when the extra daily bus service fromKinsale to Cork city which was sanctioned on the 16 July 2005 for early September will become operational. [31227/05]

I refer the Deputy to my reply to Question No. 112 of Thursday, 29 September 2005.

As stated in that reply a notification from Bus Éireann for the bus service on the route in question was approved by my Department on 16 September 2005. The introduction of public bus services on specific routes is a commercial and operational matter for Bus Éireann. It is now a matter for Bus Éireann to make arrangements for the introduction of the proposed new services.

Security of the Elderly.

John Perry

Question:

230 Mr. Perry asked the Minister for Community, Rural and Gaeltacht Affairs if he will provide details and guidelines for the personal alarm security pendants for old age pensioners; the number of personal alarm pendants issued to old age pensioners in counties Sligo and Leitrim for the years 2002, 2003, 2004 and 2005; if, in the event of damage to a pendant, the rules for granting a replacement; and if he will make a statement on the matter. [31103/05]

The purpose of the scheme of community support for older people is to encourage and assist the community's support for older people by means of a community based grant scheme to improve the security of its older members. Funding under the scheme can be provided for door locks, door chains and window locks; security lighting; smoke alarms and the once-off cost of installing socially monitored personal alarms. The complete guidelines for the scheme are available on my Department's website, www.pobail.ie.

Details in respect of the groups and grants approved for security equipment, including socially monitored personal alarms, under the scheme for the year 2002 are available in the Oireachtas Library. The details in respect of grants approved under the 2003 and 2004 schemes are available on my Department's website.

I approved the first tranche of funding under this year's scheme earlier this month to some 100 applicant groups, including groups from counties Sligo and Leitrim. Details in respect of those groups are also available on my Department's website. Assessment of the remaining applications is in progress and further approvals and payments will be notified to eligible applicant groups over the coming weeks.

Where socially monitored alarms or security equipment previously installed under this scheme are broken or defective and are outside the guarantee period, a limited amount of funding is available towards the cost of replacement. Applicant groups are requested to supply a separate list of all such cases in their application form indicating when the previous alarm was supplied and the reason for its proposed replacement.

EU Directives.

Ruairí Quinn

Question:

231 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non-transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31151/05]

There are no EU directives within my Department's competency which have not been transposed into law.

Dormant Accounts Fund.

Fergus O'Dowd

Question:

232 Mr. O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs when the Dormant Accounts Board will be established; and if he will make a statement on the matter. [31218/05]

As the Deputy is aware, the Dormant Accounts (Amendment) Act 2005 provides for the establishment of a reconstituted board which will consist of a chairperson and ten ordinary members all of whom must have knowledge or experience relevant to the board's functions.

Section 32(3) of the Act provides that not fewer than four of the ten ordinary members are to be persons who in my opinion have knowledge of, and experience relating to, the purposes for which disbursements may be made under the Act and will be appointed following consideration by me of any submissions received, on foot of a published notice, indicating that appointments will be made to the board and inviting recommendations relating to those appointments.

In this regard, a notice was placed in the national newspapers in July 2005 calling for submissions concerning appointments to four of the ten places for ordinary members referred to in section 32(3). A total of 18 submissions were received and I am now considering these submissions. It is my intention that the new board will be established shortly.

Timber Imports.

John Gormley

Question:

233 Mr. Gormley asked the Minister for Agriculture and Food the quantities of tropical timber imported by the State annually; the action she will take to limit these imports in view of the level of damage to the environment incurred by the felling of these trees in the tropical belt with only approximately 1% of the felled areas being replanted; and if she will make a statement on the matter. [31209/05]

Current imports of tropical hardwoods to Ireland are in the region of 50,000 cu. m. of sawn-wood per annum, as compared with a home-production of over 1 million cu. m. of sawn-wood per annum. It constitutes a relatively small proportion, therefore, of our overall production.

Most of the imported tropical hardwoods are used in applications where there is no readily available alternative and where natural durability is required. However, I am very conscious of the need to ensure that this timber is sourced from sustainably managed forests and I share the concerns of the Deputy in this regard. I am very pleased to say that Ireland has played a leading role in the negotiation of a new EU regulation designed to control imports of timber from third countries and to foster the principles of sustainable forest management in those countries. This regulation, which provides for forest law enforcement, governance and trade, FLEGT, was agreed at the Agriculture Council of Ministers of 24 to 25 October 2005, which I attended. The FLEGT regulation will introduce a licensing scheme built around voluntary partnership agreements between the EU and wood producing countries. The partnership agreements will be applicable in all EU member states.

The voluntary partnerships aim to support and promote governance reform in countries affected by illegal logging and the regulation will set up a legally binding licensing scheme with partner countries to ensure that only legal timber from these countries is imported into the EU. These measures are based on innovative approaches linking efforts to strengthen governance in developing countries with the incentives for good practice offered by the EU market.

Herd Numbers.

Olwyn Enright

Question:

234 Ms Enright asked the Minister for Agriculture and Food when a person (details supplied) in County Offaly will be supplied with a herd number; and if she will make a statement on the matter. [31082/05]

The position is that the person named has been registered as herdkeeper for all purposes related to the herd since the end of August 2005, but notification did not issue to him because of a difficulty regarding registration as herdowner for the purposes of all payments.

The herdkeeper or keeper is any natural or legal person responsible for animals, whether on a permanent or on a temporary basis, including during transportation. The keeper role is classified as a non-financial role and relates to the ordinary day to day operation of the herd. The"herdowner" is the nominated company or entity or persons associated with the herd number to whom all payments are made. In this particular case three names were listed on the ER1.1 form as having an interest in the herd for payment purposes. They were the person named in the question, his wife and his mother-in-law. There is a need for some clarification as to the entitlements of the person named for future payments. For this purpose, an official from the district veterinary office in Tullamore will visit the person named in the next few days to clarify the position regarding the herd owner registration.

Grant Payments.

Pat Breen

Question:

235 Mr. P. Breen asked the Minister for Agriculture and Food further to Parliamentary Question No. 321 of 11 October 2005, when headage payment will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [31121/05]

The person named submitted an application under the single payment scheme and disadvantaged area scheme. There was a problem concerning certain land parcels on the application which appeared to overlap with anotherherdowner's claim. This issue has been resolved and the case is now cleared for payment.

John Perry

Question:

236 Mr. Perry asked the Minister for Agriculture and Food when the 2005 headage payment will be issued to a person (details supplied) in County Sligo; and if she will make a statement on the matter. [31140/05]

An application under the disadvantaged areas scheme was received from the person named on 27 April 2005. Following computer validation, it was found that one land parcel, which had been claimed by the person named, was also the subject of a claim by another scheme applicant. The person named was, therefore, written to on 6 October 2005 and asked to confirm his right to claim the parcel in question, or otherwise. If claiming the right to these parcels, the person named was requested to provide the relevant supporting documentation to substantiate his right to claim these parcels. A reply has been received from the person named with the appropriate documentation, which confirms entitlement to the land. This issue has now been resolved and the case is being processed for payment.

EU Directives.

Ruairí Quinn

Question:

237 Mr. Quinn asked the Minister for Agriculture and Food the number of EU directives within her Department’s competency which have not been transposed into law; the number of warning letters received by her Department from the Commission or other EU bodies relating to non-transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in her Department; and if she will make a statement on the matter.

There are 21 directives currently awaiting transposition in my Department. Of this number only one is overdue for transposition. Council Directive 2004/117/E of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries was due to be transposed by 1 October 2005 and will be transposed shortly.

Of the remaining 20 directives due for transposition, one is due to be transposed by 30 October, six are due for transposition inNovember and December, 12 are not due to be transposed until 2006 and one is due in 2007. I am determined and confident that the various deadlines will be met.

For the period 1997 to 2005 my Department received a total of 27 warning letters from the Commission, relating to 53 directives each of which has been transposed into Irish law. The following schedule lists the date of receipt of each Commission letter and the legislation to which it refers.

Schedule

Date of letter

Legislation

5 November 1997

96/43/EC Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC

12 March 1999

97/76/EC Council Directive 97/76/EC of 16 December 1997 amending Directive 77/99/EEC and Directive 72/462/EEC with regard to the rules applicable to minced meat, meat preparations and certain other products of animal origin.

98/51/EC Commission Directive 98/51/EC of 9 June 1998 laying down certain measures for implementing Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector.

98/64/EC Commission Directive 98/64/EC of 3 September 1998 establishing Community methods of analysis for the determination of amino-acids, crude oils and fats, and olaquindox in feedingstuffs and amending Directive 71/393/EEC.

98/67/EC Commission Directive 98/67/EC of 7 September 1998 amending Directives 80/511/EEC, 82/475/EEC, 91/357/EEC and Council Directive 96/25/EC and repealing Directive 92/87/EC.

10 May 1999

98/47/EC Commission Directive 98/47/EC of 25 June 1998 including an active substance (azoxystrobin) in Annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market.

98/54/EC Commission Directive 98/54/EC of 15 July 1998 amending Directives 71/250/EEC, 72/199/EEC, 73/46/EEC and repealing Directive 75/84/EEC.

98/99/EC Council Directive 98/99/EC of 14 December 1998 amending Directive 97/12/EC amending and updating Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine.

5 August 1999

98/68/EC Commission Directive 98/68/EC of 10 September 1998 laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feedingstuffs from third countries.

20 August 1999 ** 24 February 2000

97/78/EC Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries.

20 August 1999 **

97/79/EC Council Directive 97/79/EC of 18 December 1997 amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organisation of veterinary checks on products entering the Community from third countries.

20 August 1999 **

98/46/EC Council Directive 98/46/EC of 24 June 1998 amending Annexes A, D, (Chapter 1) and F to Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine.

20 August 1999 **

98/87/EC Commission Directive 98/87/EC of 13 November 1998 amending Council Directive 79/373/EEC on the marketing of compound feedingstuffs.

13 July 2000 ** 25 July 2001

97/12/EC Council Directive 97/12/EC of 17 March 1997 amending and updating Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine.

13 July 2000 **

1999/104/EC Commission Directive 1999/104/EC of 22 December 1999 amending the Annex to Council Directive 81/852/EEC on the approximation of the laws of the Member States relating to analytical, pharmacotoxicological and clinical standards and protocols in respect of the testing of veterinary medicinal products.

4 August 2000

98/95/EC Council Directive 98/95/EC of 14 December 1998 amending, in respect of the consolidation of the internal market, genetically modified plant varieties and plant genetic resources, Directives 66/440/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species.

1999/8/EC Commission Directive 1999/8/EC of 18 February 1999 amending Council Directive 66/402/EEC on the marketing of cereal seed.

8 August 2000 ** 31 January 2001

1999/89 Council Directive 1999/89/EC of 15 November 1999 amending Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat

8 August 2000 **

1999/90/EC Council Directive 1999/90/EC of 15 November 1999 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

8 August 2000 ** 24 January 2001

1998/8/EC Directive 98/8 of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market.

30 November 2000 25 July 2001

1999/54/EC Commission Directive 1999/54/EC of 26 May 1999 amending Council Directive 66/402/EEC on the marketing of cereal seed.

20 July 2001

2001/10/EC Directive 2001/10/EC of the European Parliament and of the Council of 22 May 2001 amending Council Directive 91/68/EEC as regards scrapie

2001/31/EC Commission Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC

2001/33/EC Commission Directive 2001/33/EC of 8 May 2001 amending certain annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

6 June 2002 **

2002/8/EC Commission Directive 2002/8/EC of 6 February 2002 amending Directives 72/168/EEC and 72/180/EEC concerning the characteristics and minimum conditions for examining vegetable and agricultural varieties respectively

6 June 2002 ** 26 June 2002

2000/15/EC Directive 2000/15/EC of the European Parliament and the Council of 10 April 2000 amending Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine.

16 July 2002 **

2001/3/EC Commission Directive 2001/3/EC of 8 January 2001 adapting to technical progress Council Directive 74/150/EEC relating to the type-approval of wheeled agricultural or forestry tractors and Council Directive 75/322/EEC relating to the suppression of radio interference produced by spark-ignition engines fitted to wheeled agricultural or forestry tractors

16 July 2002 ** 17 December 2002

2001/36/EC Commission Directive 2001/36/EC of 16 May 2001 amending Council Directive 91/414/EEC concerning the placing of plant protection products on the market

30 September 2002

2002/5/EC Commission Directive 2002/5/EC of 30 January 2002 amending Annex II to Council Directive 90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables

2002/5/EC Commission Directive 2002/23/EC of 26 February 2002 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively

23 January 2003

2001/89/EC Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever

2002/42/EC Commission Directive 2002/42/EC of 17 May 2002 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues (bentazone and pyridate) in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables

2002/66/EC Commission Directive 2002/66/EC of 16 July 2002 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on fruit and vegetables, cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively

2002/71/EC Commission Directive 2002/71/EC of 19 August 2002 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues (formothion, dimethoate and oxydemeton-methyl) in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables

2002/76/EC Commission Directive 2002/76/EC of 6 September 2002 amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues (metsulfuron methyl) in and on cereals and certain products of plant origin, including fruit and vegetables

2002/79/EC Commission Directive 2002/79/EC of 2 October 2002 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for certain pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables

7 March 2003

2001/88/EC Council Directive 2001/88/EC of 23 October 2001 amending Directive 91/630/EEC laying down minimum standards for the protection of pigs

2001/93/EC Commission Directive 2001/93/EC of 9 November 2001 amending Directive 91/630/EEC laying down minimum standards for the protection of pigs

2002/63/EC Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC

2002/70/EC Commission Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs

16 May 2003

2002/2/EC Directive 2002/2/EC of the European Parliament and of the Council of 28 January 2002 amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs and repealing Commission Directive 91/357/EEC

2002/33/EC Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products

2002/36/EC Commission Directive 2002/36/EC of 29 April 2002 amending certain Annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

2002/100/EC Commission Directive 2002/100/EC of 20 December 2002 amending Council Directive 90/642/EEC in respect of maximum residue levels for azoxystrobin

2003/21/EC Commission Directive 2003/21/EC of 24 March 2003 amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community

2003/22/EC Commission Directive 2003/22/EC of 24 March 2003 amending certain Annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

11 July 2003 19 December 2003

2001/19/EC Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

16 July 2003

2002/68/EC Council Directive 2002/68/EC of 19 July 2002 amending Directive 2002/57/EC on the marketing of seed of oil and fibre plants

2003/60/EC Commission Directive 2003/60/EC of 18 June 2003 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for certain pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables

4 March 2005

2003/37/EC Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC

2004/103/EC Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks

2004/105/EC Commission Directive 2004/105/EC of 15 October 2004 determining the models of official phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC

**Denotes that the same letter covered more than one directive.

Grant Payments.

Seymour Crawford

Question:

238 Mr. Crawford asked the Minister for Agriculture and Food when a person (details supplied) in County Monaghan will be awarded their area based payment which was held back due to a second person originally claiming a portion of the land but has withdrawn; and if she will make a statement on the matter. [31172/05]

An application under the disadvantaged areas scheme was received from the person named on 13 May 2005. Following computer validation, it was found that three land parcels, which had been claimed by the person named, were also the subject of a claim by another scheme applicant. The person named was, therefore, written to on 26 September 2005 to provide the relevant supporting documentation to substantiate his right to claim these parcels. A reply has now been received from the person named, which confirms his entitlement to claim the lands. This issue has now been resolved and the case is being processed for payment.

Animal Welfare Bodies.

Willie Penrose

Question:

239 Mr. Penrose asked the Minister for Agriculture and Food the amount of funding made available to animal care and welfare groups each year for the past two years; and if she will make a statement on the matter. [31173/05]

My Department has in recent years made ex gratia payments to a number of appropriate bodies involved in the actual delivery of animal care and welfare services throughout the country. The funding available to any individual organisation is dependent on resources available and the level of demand and is therefore intended only as a contribution to the overall costs of the organisations. The amounts paid by my Department in the last two years are as follows: in 2003, €850,000 was allocated to 80 organisations and in 2004, €1 million was allocated to 83 organisations.

Domestic Abattoirs.

Denis Naughten

Question:

240 Mr. Naughten asked the Minister for Agriculture and Food if a person has a right to view his or her animal being slaughtered in a meat plant and to view the weighing scales; and if she will make a statement on the matter. [31174/05]

These are commercial matters between a person selling animals for slaughter and the meat factory involved. However, the presence of a person or persons on the factory floor can only occur if it does not compromise the requirements of either health and safety legislation or meat hygiene legislation.

The accuracy of weighing scales at meat plants is governed by the Metrology Act 1996. Under section 14 of that Act, plants are obliged to provide evidence of such conformity. Where a meat plant fails so to do, the Minister for Agriculture and Food may suspend weighing operations of a meat plant until such time as conformity is achieved. This last provision is set out in article 5 of the European Communities (Beef Carcase Classification) Regulations 2004 (SI No. 45 of 2004).

Grant Payments.

Ned O'Keeffe

Question:

241 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the position regarding an application for installation aid (details supplied) in view of a reply to her Department’s letter recently submitted. [31176/05]

The above named person's application under the installation aid scheme has been approved. Payment will be issued shortly by my Department.

Gerard Murphy

Question:

242 Mr. G. Murphy asked the Minister for Agriculture and Food if payment will be made to a person (details supplied) in County Cork; and the moneys awarded in 2004 and to date in 2005; and if she will make a statement on the matter. [31202/05]

The person named submitted two applications under the 2004 special beef premium scheme, in respect of a total of 27 animals. The first application, in respect of 14 animals for first and second age premium, was received on 6 January 2004 and the second application, in respect of 12 animals for bull premium and one for second age, was received on 29 October 2004.

Of the 27 animals in question, all were deemed to represent 0.6 livestock units, equating with a total value of 16.2 livestock units. However, payment of premium was restricted to 9.51 premium rights, the maximum payable based on the forage declared. Therefore, the 60% advance payment of €855.90, which issued on 16 October 2004, was in respect of 9.51 animals.

Under the relevant EU regulations governing the 2004 special beef premium scheme, a stocking density limit of 1.8 livestock units per hectare applied, based on the forage area declared on an applicant's area aid application. The 2004 area aid application of the person named declared a forage area of 37.91 hectares, which gave an entitlement to 68.23 livestock units.

Where an applicant has a milk quota, account must also be taken of the animals required to fill the quota; in accordance with the provisions of the relevant EU regulations this milk quota is converted to livestock units by dividing the quota by the notional average milk yield, unless the applicant is in milk recording, in which case the higher yield figure is used. In this case, the named person held a milk quota of 248,963 litres, equivalent to 62.52 livestock units, that is, milk quota of 248,963 litres, divided by 3,982 litres, the notional average yield. Therefore, the entitlement of the person named under the 2004 special beef premium scheme was restricted to 5.71 livestock units which, in the case of animals each deemed to represent 0.6 livestock units, equates with 9.51 premium rights.

When the position regarding the extent of the breach of the 2004 special beef premium scheme quota became apparent, I raised the difficulty which this created for Ireland with the EU Commissioner. I recognised, however, that negotiations to resolve the matter could be protracted and, therefore, decided that an interim payment should be made to scheme applicants. In the case of the person named, an interim balancing payment of €185.44 issued on 20 April 2005, in respect of the 9.51 animals. Having achieved a positive response from the EU Commissioner, final scheme payments recently began issuing; it is expected that the final payment due to the person named will issue shortly.

Denis Naughten

Question:

243 Mr. Naughten asked the Minister for Agriculture and Food if she has finalised the eligibility criteria for applicants under the national reserve; the appeal mechanism; and if she will make a statement on the matter. [31216/05]

The position is that a number of meetings of the single payment advisory committee, comprising representatives from my Department, Teagasc and the farming organisations were held to discuss the rules governing the allocation of the national reserve. The most recent such meeting was held last week and I expect to be in a position to make appropriate decisions shortly.

Farm Retirement Scheme.

Pat Breen

Question:

244 Mr. P. Breen asked the Minister for Agriculture and Food her plans to replace or improve the early retirement scheme which she has said in press statements recently has ran its course; and if she will make a statement on the matter. [31229/05]

I have not taken a decision on the future of the early retirement scheme. The EU Council regulation covering the current scheme will expire in December 2006. The Council regulation on rural development for the period from 2007 to 2013 again includes provision for member states to operate early retirement measures. No decisions have yet been taken regarding the schemes to be operated in Ireland under this regulation.

The early retirement scheme was introduced as one of a number of instruments to improve the age structure of Irish farming and improve the viability of farm holdings. From that point of view, the first scheme from 1994 to 1999 was not unsuccessful. However take-up of the current scheme has fallen short of expectations, and an expenditure review carried out in my Department in 2004 raised a number of questions about the effectiveness of the scheme in achieving its objectives. Structural reform is still a priority both at home and at European level, and we still need to provide opportunities for young farmers. In framing proposals for the next rural development round we need to consider how best to achieve those results in the light of the funding and the options that are available.

Grant Payments.

Willie Penrose

Question:

245 Mr. Penrose asked the Minister for Agriculture and Food if an application for additional premium quota rights which was made in 2002 and was deemed to be an investment under category B will be considered for additional units from the national reserve allocation; and if she will make a statement on the matter. [31313/05]

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

The person named submitted an application for an allocation of entitlements from the national reserve under category A, which caters for farmers who inherited land or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May 2005 and who had leased out his-her holding to a third party during the reference period 2000 to 2002.

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.

The position is that over 23,000 applications for an allocation of entitlements from the national reserve were received when account is taken of farmers who applied under more than one category. Processing of these applications is continuing and the intention is to make allocations to successful applicants at the earliest opportunity. The Department will be in touch with individual applicants as soon as their applications are fully processed.

Asylum Applications.

Cecilia Keaveney

Question:

246 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position in relation to an application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [31083/05]

The person concerned arrived in the State on 14 March, 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 16 February, 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

The person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. I expect the file to be passed to me for decision in due course

Visa Applications.

Billy Timmins

Question:

247 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to persons (details supplied) who have applied for travel documents; if this application will be re-examined; and if he will make a statement on the matter. [31092/05]

I refer the Deputy to my replies to his Parliamentary Questions of 2 March 2005 and 31 May 2005. The persons in question have not supplied written evidence that they have been unreasonably refused a passport from their country of origin. Neither have they demonstrated that return to their country of origin is not an option and as such the position remains unchanged.

Domestic Violence Incidence.

John Perry

Question:

248 Mr. Perry asked the Minister for Justice, Equality and Law Reform if he will provide a breakdown for each county here on the number of reported domestic violence incidents and sexual offences against women for the years 2001, 2002, 2003, 2004 and 2005; and if he will make a statement on the matter. [31098/05]

I regret 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 it becomes available.

Juvenile Offenders.

Joe Costello

Question:

249 Mr. Costello asked the Minister for Justice, Equality and Law Reform the reason 147 children were placed in adult prisons since January 2005; the reason they breached international treaties in the process; his proposals regarding the situation; and if he will make a statement on the matter. [31111/05]

In October 2004, I established an internal project team within my Department to examine the scope for rationalising and restructuring the delivery of the State's services in the area of youth justice in accordance with the Children Act 2001. The Minister of State with special responsibility for children, Deputy Brian Lenihan, is examining the outcome of this review. The intention is to bring proposals arising from this examination to Government in the very near future, including proposals in the area of detention.

Since 1 January 2005, 151 children, persons aged under 18 years, have been committed to the custody of the Irish Prison Service on foot of court orders. Of that 151, only 21, 14 males and seven females, were committed to an adult prison. The remaining 130 were all males committed to St. Patrick's Institution which is the designated detention centre for males aged between 16 and 21 years of age. Every effort is made to separate juvenile offenders from the general prison population in each institution and as indicated earlier, the vast majority of juvenile offenders are held in St. Patrick's Institution.

Garda Strength.

Joe Costello

Question:

250 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of gardaí attached to Letterkenny Garda station; the number of community gardaí there; if the community garda who was recently transferred from Glencar will be replaced as soon as possible; and if he will make a statement on the matter. [31112/05]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Letterkenny Garda station as at 25 October, 2005 was 97, all ranks. The personnel strength of Letterkenny Garda station as at 31 December, 1997 was 90, all ranks. This represents an increase of seven, or 7.7%, in the number of personnel allocated to Letterkenny Garda station since that date.

There is currently one sergeant and one garda allocated to the community policing unit at Letterkenny Garda station. I understand from the Garda authorities that a garda in Letterkenny Garda station who was assigned to community policing duties in the Glencar area has recently been transferred but that two additional gardaí are due to be allocated to the community policing unit at Letterkenny in the coming weeks.

In regard to Garda resources generally, the accelerated recruitment campaign to reach a record force strength of 14,000, in line with the commitment in An Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of 2006.

The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources, and in this context the needs of the Letterkenny area will be fully considered within the overall context of the needs of Garda areas throughout the country.

Garda Equipment.

Finian McGrath

Question:

251 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the number of Garda cars servicing the Clontarf district; and if he will invest in more gardaí to service theWhitethorn, Thorndale and Elm Mount areas in Dublin 5. [31113/05]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the number of Garda cars servicing the Raheny district of the Dublin Metropolitan region northern division are as set out hereunder:

Station

Total

Clontarf

7

Howth

4

Raheny

5

I have been further informed by the Garda authorities that the areas referred to by the Deputy are policed by gardaí attached to Raheny Garda station. The personnel strength of Raheny Garda station as at 24 October 2005 was 60, all ranks.

Local Garda management states that current policing plans in the area are predicated on the prevention of anti-social behaviour and public order offences, the prevention of crime, including crime against persons and property and the maintenance of an environment conducive to the improvement of quality of life for all residents.

Local Garda management further states that additional supporting patrols, for the areas concerned, are provided by the divisional traffic unit, divisional crime task force and the district detective unit. These patrols are directed to pay particular attention to areas where youths tend to congregate. This strategy is, and will continue to be, central to the delivery of a policing service to the areas in question.

In regard to Garda resources generally, the accelerated recruitment campaign to reach a record force strength of 14,000, in line with the commitment in An Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of 2006.

The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources, and in this context the needs of the Raheny district will be fully considered within the overall context of the needs of Garda districts throughout the country.

Traffic Fines.

Tony Gregory

Question:

252 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if he will request a report from the Garda authorities regarding the illegal parking of heavy goods vehicles (details supplied) in Dublin 1 on a nightly basis in the interest of public safety as they are a serious hazard to pedestrians. [31114/05]

I am informed that local Garda management are not aware of any incidents of illegal parking in the areas concerned. The locations named facilitate parking of heavy goods vehicles and there are no restrictions as to what type of vehicle may park there.

I am further informed that local residents have raised this issue at meetings attended by local Garda management and have been similarly informed. I understand residents have been advised to contact gardaí should they have any complaints in respect of the manner of parking in the locations given.

I am assured the area will continue to receive regular mobile and beat patrols with a view to ensuring that parking regulations are complied with.

Garda Strength.

John Perry

Question:

253 Mr. Perry asked the Minister for Justice, Equality and Law Reform the number of Garda traffic corps in counties Sligo and Leitrim to address road safety; if additional personnel will be appointed; when they will be in place; and if he will make a statement on the matter. [31125/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of the Sligo-Leitrim divisional traffic unit as at 18 October 2005 was 15, all ranks.

Last November, I announced the establishment by the Commissioner of a Garda traffic corps with a dedicated budget and staff structure. Furthermore, as a result of the Government's approval of my proposal to increase the strength of the Garda Síochána to 14,000 members, the Garda Commissioner will be in a position, as each cycle of recruit training is completed, to assign additional new members to the areas of greatest need with particular regard to certain priorities. These priorities will include the traffic corps, which is in the process of increasing its numbers from 520 members to its planned staffing complement of 1,200 by 2008 on the following phased basis:

Year

No.

2006

805

2007

1,030

2008

1,200

Also last November, I published the Garda strategic review of traffic policing. The strategic review is the blueprint for a transformation in the enforcement of road traffic law. A key recommendation of the strategic review is that a new position of assistant commissioner in charge of all aspects of road traffic law should be created. The Government subsequently approved the appointment of an additional Garda assistant commissioner, and the Commissioner appointed an assistant commissioner with responsibility for all traffic matters including the traffic corps and implementation of the recommendations contained in the strategic review of traffic policing. The Assistant Commissioner is a member of the top management team in the force and as such is bringing authority and visible leadership to the traffic corps and traffic law enforcement generally from the outset.

Never before has road traffic safety been given this level of priority within the Garda Síochána. I believe that the Garda traffic corps, with new visible leadership, increased strength, expanded fleet, dedicated budget, clear strategy and tough targets, will provide an extremely effective traffic management resource which will reduce the number of injuries and fatalities on our roads.

EU Directives.

Ruairí Quinn

Question:

254 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non-transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31153/05]

No directives which come under the remit of my Department are overdue for transposition at this stage.

Seven directives have yet to be transposed. Two of these have deadlines for transposition in 2006 and two have 2007 deadlines. The remaining three directives are Schengen-related measures and as such the deadlines for transposition apply to Schengen member states only. Ireland is not a Schengen member state. However, following the Council decision of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen Acquis, work is underway to transpose the directives into Irish law.

We do not have readily accessible figures on Commission correspondence prior to February 2002 regarding directives which had passed the specified deadline for transposition into domestic legislation. However, from February 2002, we received letters of formal notice and-or reasoned opinions from the Commission on eight directives. In the case of one of those eight directives, Directive 2002/90/EC, the Commission has been informed that as the measure relates to an aspect of the Schengen Acquis in which Ireland does not participate the directive does not apply to Ireland. The other seven directives have been transposed into Irish legislation as set out in the following table.

Directive No.

Title

Implementing legislation

Directive 1998/5/EC

Directive to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained

Solicitors (Amendment) Act, 2002 and European Communities (Lawyer’s Establishment) Regulations 2003

Directive 2001/97/EC

Directive amending Directive 91/308/EEC on the prevention of the use of the financial system for the purpose of money laundering

Criminal Justice Act, 1994 (Section 32) Regulations 2003

Directive 2000/78/EC

Directive on the general framework for equal treatment in employment and occupation

Employment Equality Act, 1998 and Equality Act, 2004

Directive 2000/43/EC

Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

Employment Equality Act, 1998 and Equal Status Act, 2000 and Equality Act, 2004

Directive 2001/55/EC

Directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof

Refugee Act, 1996 and Child Care Act, 1991

Directive 2003/8/EC

Directive to improve access to justice in cross-Border disputes by establishing minimum common rules relating to legal aid for such disputes

Civil Legal Aid Act, 1995 as amended and Civil Legal Aid Regulations of 1996 and 2002

Directive 2002/90/EC

Directive defining the facilitation of unauthorised entry, transit and residence

This is a Schengen measure in which Ireland does not participate. The Commission was notified of this in April 2005.

Commission Directive 2004/57/EC

Commission Directive on the identification of pyrotechnics articles and certain ammunitions for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses

European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) (Amendment) Regulations 2005

Registration of Title.

Cecilia Keaveney

Question:

255 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position regarding a land registry application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [31169/05]

I have requested the Land Registry to contact the Deputy directly concerning the position of the application in question.

Grant Payments.

Ned O'Keeffe

Question:

256 Mr. N. O’Keeffe asked the Minister for Justice, Equality and Law Reform if grant aid was approved under the child care programme in respect of a specific crèche (details supplied) in County Cork. [31171/05]

On 22 June 2005, capital grant assistance of €750,000 was approved under the Equal Opportunities Childcare Programme, EOCP, 2000-2006, in respect of an application from the group in question. This approval is subject to the group's satisfactory compliance with a number of conditions regarding the development and completion of the project. I understand that the group has been advised of the decision by the child care directorate of my Department.

I also understand from inquiries I have made that Area Development Management Limited, which is engaged to administer the EOCP on behalf of my Department, is currently in dialogue with the group and is awaiting further information from it in order to progress the conclusion of a contractual agreement, which is necessary in order for the grant to be drawn down.

Refugee Status.

Bernard J. Durkan

Question:

257 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position of applications for refugee status in the case of persons (details supplied); and if he will make a statement on the matter. [31186/05]

The persons concerned arrived in the State on 21 March 2003 and applied for asylum. Their applications were refused following consideration of their cases by the Office of the Refugee Applications Commissioner.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, the first named person was informed by letter dated 7 October 2004 that the Minister proposed to make a deportation order in respect of her. The second named person was informed by letter dated 14 October 2004, that the Minister proposed to make a deportation order in respect of him. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of deportation orders. Representations have been received on behalf of the persons concerned.

These persons' case files, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 which relates to prohibition of refoulement. I expect the files to be passed to me for decision in due course.

Departmental Correspondence.

Joe Costello

Question:

258 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the allegations of a person (details supplied) in County Louth; and if he will make a statement on the matter. [31187/05]

I am aware of the matter referred to by the Deputy. However, as the person concerned has commenced legal proceedings regarding a specific complaint and the matter is currently before the courts the Deputy will appreciate that it would be inappropriate for me to comment at this time.

Visa Applications.

Gay Mitchell

Question:

259 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if a holiday visa will be granted to persons (details supplied) in Dublin 8; and if he will make a statement on the matter. [31188/05]

As I stated in my reply to Question No. 130 of Thursday, 20 October 2005, the application in question was received by my Department on 10 October 2005. I can inform the Deputy that the application has now been approved.

Registration of Title.

Gerard Murphy

Question:

260 Mr. G. Murphy asked the Minister for Justice, Equality and Law Reform if the Land Registry will issue instrument documents to a person (details supplied) in County Cork. [31198/05]

I wish to inform the Deputy that I have requested the Land Registry to contact him directly concerning the instruments in question.

Citizenship Applications.

Liam Aylward

Question:

261 Mr. Aylward asked the Minister for Justice, Equality and Law Reform if he will process an application for citizenship for a person (details supplied) in County Carlow; and if he will make a statement on the matter. [31217/05]

There is normally no question of a British citizen being required to possess an Irish passport to travel from Ireland to the United Kingdom. I am, of course, prepared to expedite the processing of the application for naturalisation of the person concerned in view of the circumstances outlined in the Deputy's question and by the applicant herself in correspondence submitted with her application form. However, the process for naturalisation requires, among other things, the necessity for the person concerned to swear a declaration of fidelity to the nation and loyalty to the State in open court and the payment of a statutory fee, which would be €126.97 in this particular instance. In addition, it will be necessary to seek a report from the Garda. These are standard procedures applied to all applications for naturalisation and it is likely that the whole process would take a couple of weeks to complete.

In view of the particular urgency of her situation, the person concerned may wish to contact the British Embassy in Dublin with a view to obtaining a British passport. This may prove to be more straightforward, more economical and faster than the naturalisation process. In the meantime, I have asked my officials to deal with the naturalisation application as quickly as they can.

Visa Applications.

Fergus O'Dowd

Question:

262 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was refused a visa to travel here; and if he will make a statement on the matter. [31222/05]

I can advise the Deputy that the visa application for the person in question to travel to Ireland to visit his son, has been approved on appeal to my Department.

Grant Payments.

Dan Boyle

Question:

263 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the amount of grant support that has been committed in the past five years under the equal opportunities child care programme for the categories capital and staffing grants for community based child care provision. [31225/05]

Dan Boyle

Question:

264 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the amount of equal opportunities child care programme grant support that has been committed in the past five years under the quality sub-measure. [31226/05]

I propose to take Questions Nos. 263 and 264 together.

The current seven-year Equal Opportunities Childcare Programme, EOCP, 2000-2006 has an equal opportunities and social inclusion perspective and facilitates the further development and expansion of child care facilities, to address the needs of parents in reconciling their child care needs with their participation in employment, education and training. The first grants allocated under this programme date from July 2000. The total funding committed under the EOCP to date is more than €458 million, of which more than €402.7 million has been allocated to child care facilities, with more than € 209 million of this having been allocated to community based projects under the capital sub-measure, and a further €164.9 million committed under the staffing sub-measure to community-based projects with a strong focus on disadvantage. Under the quality sub-measure, more than €55.3 million has been allocated to promote quality in the child care sector, largely through funding to the city and county child care committees and the national voluntary child care organisations.

In 2004 my Department published a comprehensive review of progress under the EOCP entitled, Developing Childcare in Ireland, which was circulated to all Members of the Oireachtas. This was also posted on the Department's web site at www.justice.ie and more detailed information regarding the programme to the end of 2003 is included in this report. I have arranged for another copy of this report to be sent to the Deputy. An updated version of this review, covering progress to the end of 2004, is expected to be available shortly and will be posted on the Department’s web site as well as being circulated to interested parties, including Members of the Oireachtas.

Deportation Orders.

Pat Breen

Question:

265 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform further to Question No. 218 of 2 June 2005 the status of an application for permission to remain here for a person (details supplied) in County Clare; and if he will make a statement on the matter. [31228/05]

The person to whom the Deputy refers has instituted judicial review proceedings challenging the deportation order. As the matter is sub judice, I do not propose to comment further on the matter.

Asylum Applications.

Fergus O'Dowd

Question:

266 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if persons (details supplied) will be granted permission to remain here on compassionate grounds; and if he will make a statement on the matter. [31247/05]

The person concerned along with her husband and child arrived in the State on 10 January 2005 and made applications for asylum. The applications of all three were refused following consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal.

A notification under section 3(3)(a) of the Immigration Act 1999 issued to the mother and older child on 8 July 2005 and to the father on 21 July 2005 advising them of the decision to refuse them refugee status and setting out the options open to them, which are to leave the State voluntarily, to consent to the making of a deportation order or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why they should not be deported.

Their case was examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 regarding the prohibition of refoulement, including consideration of all representations received on her behalf. The existence of another child born in the State on 15 April 2005 was only made known to my Department in representations for leave to remain dated 29 July 2005. Deportation orders were made in respect of the parents and older child on 1 September 2005. Notice of these orders was served on them by registered post. The letters made them aware of the requirement to present themselves to the Garda national immigration bureau, GNIB, on Thursday, 29 September 2005 in order to make arrangements for their deportation from the State. The family failed to present as required and is now classified as evading deportation. Consequently, the adults are now liable to arrest and detention. They should present themselves and their children to the GNIB without delay. The enforcement of these deportation orders remains a matter for the GNIB.

Refugee Status.

Bernard J. Durkan

Question:

267 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the decision to refuse refugee status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31249/05]

The person concerned arrived in the State on 25 April 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 30 August 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 regarding the prohibition of refoulement. I expect the file to be passed to me for decision in due course.

Bernard J. Durkan

Question:

268 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31251/05]

The refugee in question made an application for family reunification in respect of his daughter in July 2005. The application was forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When this investigation is completed the commissioner will prepare and forward a report to my Department. Upon receipt of this report the application will be considered and a decision will issue shortly thereafter.

Computerisation Programme.

Róisín Shortall

Question:

269 Ms Shortall asked the Minister for Justice, Equality and Law Reform the date by which the computer systems allowing the rollout of further penalty point categories will be ready; and if he will make a statement on the matter. [31270/05]

The Garda fixed charge processing system, FCPS, has been developed to handle all fixed charge offences including penalty point offences. It is currently operational in Dublin, Cork city and parts of Louth and Meath in respect of existing fixed charge and penalty point offences. The extension of the system nationwide is dependent on concluding a contract with an outsourced service provider for the collection of fines. Contract negotiation is in the final stages and a contract is expected to be signed very shortly. This will clear the way for the rollout of the existing system nationwide. In addition, this nationwide rollout will provide the platform for the planned implementation of both additional fixed charge and penalty point offences and I can assure the Deputy there will be no unavoidable delay in this regard. This work is being planned in conjunction with the various agencies involved including the Garda Síochána, the Courts Service, the Department of the Environment and Local Government and the Department of Transport.

Visa Applications.

Willie Penrose

Question:

270 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Westmeath has been refused a visa; the steps he will take to have this application reviewed; and if he will make a statement on the matter. [31312/05]

The visa application in question was approved on appeal by my Department.

Willie Penrose

Question:

271 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if his Department has received an appeal against the refusal of a visa for a person (details supplied); the steps he will take to ensure a visa is granted; and if he will make a statement on the matter. [31314/05]

The visa application in question has been approved on appeal by my Department.

Early School Leavers.

John Perry

Question:

272 Mr. Perry asked the Minister for Education and Science if the school retention information for counties Sligo and Leitrim will be provided; if the school dropout level has decreased in these areas; the funding she will provide to tackle educational disadvantage in counties Sligo and Leitrim; the number of children in counties Sligo and Leitrim that do not make the transition from primary to secondary school; the number of females and males that continue their education and sit the leaving certificate in counties Sligo and Leitrim; and if she will make a statement on the matter. [31077/05]

The Department's second report on school retention, published on 19 October 2005, is based on a detailed analysis of the records held in the post-primary pupils database for the cohort of entrants to the first year of the junior cycle in each of the years 1995 and 1996. The figures refer to retention in State-aided second level schools only and do not include students progressing to further training and education at junior or leaving certificate level, for example Youthreach, FÁS, apprenticeship training as well as students in private, non-aided colleges at second level.

The report shows: national retention rate to completion of the junior certificate examination is 94.6%; national adjusted retention rate to completion of the leaving certificate examination is 81.3%; percentage of pupils who sat the junior certificate in counties Leitrim and Sligo at 96.8% and 96.1% respectively; percentage of pupils who sat the leaving certificate in counties Leitrim and Sligo at 87.1% and 82.7% respectively; of the cohort of 1,017 pupils in County Sligo, 458 females and 383 males sat the leaving certificate; and of the cohort of 497 pupils in County Leitrim, 225 females and 208 males sat the leaving certificate.

Comparisons between the Retention Rates of Pupils in Second Level schools — Cohort 1994, published by the Department of Education and Science in May 2003, and the most recent retention report show that there has been no increase in dropout rates for completion of the junior certificate, a decrease in dropout at senior cycle of 0.6% in County Leitrim and a decrease in dropout at junior cycle of 0.5% and a decrease in drop-out at senior cycle of 0.2% in County Sligo.

There is no up-to-date research on the number of children who do not transfer from primary to post-primary education on an annual basis. The Department of Education and Science is planning the development of a primary pupils database, which will facilitate the collation of much more accurate and comprehensive data on transfer rates in the future. Together with the current post-primary pupil database, this will allow much-improved tracking of where children go after primary school. We are providing increased resources for schools in disadvantaged areas to improve their school completion rates by offering extra supports for their students. These include extra educational supports and services in school, after school and during holiday times. Working with parents to promote school attendance is also an important part of the work of the home school community liaison officers appointed to our disadvantaged schools.

Other measures designed to improve school completion include the establishment of the National Educational Welfare Board in 2002. The priority the Government attaches to tackling early school leaving is evident from the fact that the budget for the welfare board has been increased by 20% in 2005. In addition, €24 million is being provided this year for the school completion programme and there is currently one school completion project in County Sligo.

The new action plan for educational inclusion, delivering equality of opportunity in schools, DEIS, which will be introduced on a phased basis — starting during the current school year — aims to ensure that the educational needs of children and young people, from pre-school to completion of upper second-level education, from three to 18 years, from disadvantaged communities are prioritised and effectively addressed. The new plan will involve an additional annual investment of some €40m on full implementation. It will also involve the creation of approximately 300 additional posts across the education system generally.

A key element of this new action plan is the introduction of a standardised system for identifying levels of disadvantage in our primary and second level schools, which will result in improved targeting of resources at those most in need. As a result of the identification process, approximately 600 primary schools, comprising 300 urban or town and 300 rural, and 150 second-level schools will be included in a new school support programme, SSP. The SSP will bring together, and build upon, a number of existing interventions for schools and school clusters or communities with a concentrated level of educational disadvantage. Under DEIS, additional clusters will be created under the school completion programme which provides a wide range of targeted supports on an individual and group basis to children and young people who may be at risk of early school leaving.

We anticipate being in a position to notify participating schools of the outcome of the ongoing identification process by the end of the year.

Teaching Qualifications.

Cecilia Keaveney

Question:

273 Cecilia Keaveney asked the Minister for Education and Science when a course (details supplied) will be recognised as an approved course; and if she will make a statement on the matter. [31084/05]

Cecilia Keaveney

Question:

282 Cecilia Keaveney asked the Minister for Education and Science when a course (details supplied) will be recognised as an approved course; and if she will make a statement on the matter. [31160/05]

I propose to take Questions Nos. 273 and 282 together.

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

The annual higher education grants scheme sets out a list of approved institutions for the purposes of the scheme. The approved institutions mainly comprise publicly funded third level institutions.

Stranmillis College, Belfast is included in the list of approved colleges under the Department of Education and Science's 2005 higher education grants scheme in respect of the following courses: B Ed degree of the Queen's University, Belfast; and postgraduate certificate in education. In addition on 19 October 2005 the awarding bodies were notified that two new courses at Stranmillis College were approved under the terms of 2005 higher education grant scheme. One of the courses was the course referred to by the Deputy and the other was Bachelor of Science — health and leisure studies.

Inquiry into Child Abuse.

Joe Costello

Question:

274 Mr. Costello asked the Minister for Education and Science the number of residential institutions that come within the terms of reference of the redress board which are Church of Ireland institutions; the number which are Church of Ireland; and if she will make a statement on the matter. [31108/05]

Section 4 of the Residential Institutions Redress Act 2002 provides that in order for an institution to be placed on the Schedule to the Act the facility must have been subject to inspection or regulation by a public body. A total of 128 institutions are listed on the original Schedule to the Act. In November 2004 I signed an order for an additional 13 institutions to be placed on the Schedule and I signed a further order in July 2005 to include another three institutions.

As the religious ethos of an institution is not part of the criteria prescribed under section 4 of the Act, my Department did not require details of the religious ethos of all the institutions listed. However, records held in my Department indicate that there are seven institutions listed as having had a Protestant ethos.

Pupil-Teacher Ratio.

John Deasy

Question:

275 Mr. Deasy asked the Minister for Education and Science the number of primary school pupils attending schools in each county council and city council area; the number of pupils in each of those areas that are in classes of 30 or greater; the number of pupils in each of those areas that are in classes of 25 to 29; and if she will make a statement on the matter. [31109/05]

The most recent data on primary school class sizes available to my Department relate to the 2004-05 school year and is provided in the accompanying table. These figures are provisional and do not include details of pupils in special schools or pupils in special classes in ordinary schools.

Significant improvements have been made in the pupil-teacher ratio and in average class size in recent years at primary level. The most recent figure available for average class size at primary level refers to the 2003-2004 school year, when the average class size was 23.9, down from 26.6 in 1996-97. The pupil teacher ratio at primary level, which includes all the teachers including resource teachers, has fallen from 22.2:1 in the 1996-1997 school year to 17.1:1, projected, in 2004-2005.

Over 4,500 additional teachers have been employed in our primary schools since 1997. In allocating teaching posts regard is given to the commitments of the Government to reduce class size, tackle educational disadvantage and provide additional resources for pupils with special educational needs. The additional teaching posts created since 1997 have been deployed to address all of these priorities.

There are now over 5,000 teachers in our primary schools working directly with children with special needs, including those requiring learning support. This compares to under 1,500 in 1998. Indeed, one out of every five primary school teachers is now working specifically with children with special needs.

I recently launched a new action plan for educational inclusion, delivering equality of opportunity in schools, DEIS. This action plan will result in the reduction in class sizes of 24:1 at senior level and 20:1 at junior level in 150 primary schools serving communities with the highest concentrations of disadvantage.

In line with the commitment in the programme for Government, class sizes will be reduced still further. The deployment of additional posts will be decided within the context of the policy that priority will be given to pupils with special needs, those from disadvantaged areas and junior classes.

County

Total Number of Pupils

Carlow

5,417

Cavan

7,389

Clare

11,641

Cork City

13,653

Cork County

36,011

Donegal

17,126

Dublin Belgard

26,208

Dublin City

40,514

Dublin Fingal

23,251

Dún Laoghaire-Rathdown

14,554

Galway City

5,623

Galway County

17,084

Kerry

14,340

Kildare

21,290

Kilkenny

9,193

Laois

6,937

Leitrim

2,982

Limerick City

6,239

Limerick County

13,246

Longford

3,544

Louth

12,575

Mayo

13,226

Meath

17,692

Monaghan

6,165

Offaly

8,390

Roscommon

6,063

Sligo

6,377

Tipperary N.R.

7,127

Tipperary S.R.

9,261

Waterford City

5,168

Waterford County

6,550

Westmeath

9,034

Wexford

14,871

Wicklow

13,520

Total

432,261

City Council-County Council

25-29

30 or greater

Carlow

2,034

1,596

Cavan

2,625

1,405

Clare

2,974

3,149

Cork City

4,129

3,159

Cork County

13,239

10,451

Donegal

5,572

3,804

Dublin Belgard

9,705

7,344

Dublin City

13,295

8,621

Dublin Fingal

10,142

8,621

Dún Laoghaire-Rathdown

5,925

5,004

Galway City

1,868

1,357

Galway County

5,176

2,863

Kerry

5,258

2,964

Kildare

9,378

7,230

Kilkenny

2,665

2,720

Laois

2,801

1,323

Leitrim

950

356

Limerick City

2,205

1,313

Limerick County

4,416

3,198

Longford

1,432

535

Louth

4,568

3,754

Mayo

4,111

1,634

Meath

7,194

5,619

Monaghan

1,980

1,289

Offaly

3,684

1,480

Roscommon

1,753

809

Sligo

1,654

1,373

Tipperary N.R.

2,375

1,041

Tipperary S.R.

3,231

1,669

Waterford City

2,144

1,092

Waterford County

2,229

1,474

Westmeath

3,522

1,971

Wexford

5,812

3,714

Wicklow

4,951

3,869

Total

154,997

107,801

Finian McGrath

Question:

276 Mr. F. McGrath asked the Minister for Education and Science her strategies to tackle class size in primary schools. [31110/05]

The general rule is that schools are staffed on the basis of having a maximum class size across the school of 29. Where some classes in a school have class sizes of greater than 29, it is often because a decision has been taken at local level to use the teaching resources to have smaller numbers in other classes.

Major improvements in school staffing have been made in recent years with the hiring of more than 4,500 additional teachers. This represents the largest increase in teacher numbers since the expansion of free education. The annual estimated value of the additional expenditure on these posts is over €200 million.

In 1996-1997, the average class size in our primary schools was 27. It is now 24. In 1996-97 there was one teacher for every 22 children in our primary schools. Today there is one teacher for every 17 children, the lowest pupil teacher ratio in the history of the State.

Aside from decreasing average class size, the unprecedented increase in school staffing in recent years has also greatly improved the services provided for children with special needs and those from disadvantaged areas.

While there is more to be done to reduce class sizes further, it should be acknowledged that much progress has been made in this area in recent years. Under the new action plan for tackling education disadvantage which I launched last May, more children in disadvantaged schools will be in classes of 20 in the current school year.

While the average class size nationally has been brought down to 24, I am committed, in line with Government policy, to delivering further reductions in class sizes for children under nine. In achieving the Government target on smaller class sizes priority must, in the first instance, be given to children with special needs and those in disadvantaged areas.

Physical Education Facilities.

John Perry

Question:

277 Mr. Perry asked the Minister for Education and Science the primary schools in counties Sligo and north Leitrim which have a sports hall and a playing pitch; the schools which do not have this facility; and the schools that have indoor facilities to provide physical education. [31131/05]

The information is not readily available in the format requested by the Deputy. However if the Deputy requires information on individual schools in counties Sligo and north Leitrim, officials in the school planning and building unit of my Department will be happy to assist.

The physical education curriculum has been designed on the basis that facilities in schools may vary. Many primary schools have a general purposes room and practically all schools have outdoor play areas, which are utilised for teaching different aspects of the physical education programme. In addition, many schools use adjacent local facilities, including public parks, playing fields and swimming pools.

The provision of multi-purpose space and outdoor play areas for primary schools will continue to be considered within the design brief for new schools and of renovation and extension school building projects. This will be done in the context of available resources and the published criteria for prioritising school building projects.

At second level, it is the policy of the Department to provide a physical education hall to a school that does not already have a facility. This is considered as part of the design brief for new schools and of major renovation or extension projects, within available resources and overall published criteria for prioritising projects.

The Government is delivering on its commitment to provide modern facilities in school and has progressively increased funding in recent years with an aggregate total of almost €2 billion since 1998, the largest investment programme in the history of the State.

Early Childhood Education.

John Perry

Question:

278 Mr. Perry asked the Minister for Education and Science the schools in County Sligo and north Leitrim which operate the Early Start programme; and if she will make a statement on the matter. [31132/05]

There are currently no Early Start pre-schools operating in counties Sligo and north Leitrim. The new action plan for educational inclusion, delivering equality of opportunity in schools, DEIS, which will be introduced on a phased basis, starting during the current school year, aims to ensure that the educational needs of children and young people, from pre-school to completion of upper second level education, that is, three to 18 years, from disadvantaged communities are prioritised and effectively addressed. The new plan is the outcome of the first full review of all programmes for tackling educational disadvantage that have been put in place over the past twenty years and it will involve an additional annual investment of approximately €40 million on full implementation. It will also involve the creation of about 300 additional posts across the education system generally.

A key element of this new action plan is the putting in place of a standardised system for identifying levels of disadvantage in our primary and second level schools, which will result in improved targeting of resources at those most in need. As a result of the identification process, approximately 600 primary schools, comprising 300 urban or town and 300 rural, and 150 second level schools will be included in a new school support programme, SSP. The SSP will bring together, and build upon, a number of existing interventions for schools and school clusters or communities with a concentrated level of educational disadvantage.

Early childhood education actions will be concentrated on those children, aged from three up to school enrolment, who will subsequently attend the 150 urban or town primary schools, participating in the new school support programme, and identified as serving the most disadvantaged communities. The early childhood education actions under the new plan will be well targeted and my Department will work in partnership with other Departments and agencies with a view to meeting the overall care and education needs of the children involved in an integrated way. A strong emphasis will be placed on adding value to the work of other providers by embedding quality early learning within child care provision. We anticipate being in a position to notify participating schools on the outcome of the ongoing identification process by the end of the year.

School Transport.

Liam Aylward

Question:

279 Mr. Aylward asked the Minister for Education and Science the grants which are available from her Department towards the purchase of a wheelchair accessible minibus for handicapped children attending a school (details supplied) in County Meath. [31134/05]

The school transport scheme, which comes under the aegis of my Department, provides for the transport of children to and from school. However, my Department does not operate any scheme whereby grant assistance could be made available to a school for the purchase of a minibus.

John Perry

Question:

280 Mr. Perry asked the Minister for Education and Science if she will ensure that the pick up point for a person (details supplied) in County Sligo is not changed in view of the safety risk at the alternative suggested pick up point; and if she will make a statement on the matter. [31138/05]

A report on this case has been requested from Bus Éireann, which organises the school transport scheme on behalf of my Department. When this report has been received and considered, my Department will advise the parents of the position.

EU Directives.

Ruairí Quinn

Question:

281 Mr. Quinn asked the Minister for Education and Science the number of EU directives within her Department’s competency which have not been transposed into law; the number of warning letters received by her Department from the Commission or other EU bodies relating to non-transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in her Department; and if she will make a statement on the matter. [31154/05]

Directive 2005/36/EC on the recognition of professional qualifications is the only outstanding directive which has not been transposed into Irish law. The date for transposition of this directive is 20 October 2007 and preparatory work for the drafting of the regulations to meet this transposition date is ongoing within my Department.

Since 1997, my Department has received two warning letters in relation to failure to transpose directives, both of which related to recognition of qualifications, within the prescribed deadline. The first concerned Directive 99/42/EC, the transposition of which was delayed due to the relative complexity of the process involved. It was transposed into Irish law by means of the European Communities (Recognition of Qualifications and Experience) Regulations 2003, SI No. 372 of 2003, which were promulgated on 19 August 2003. The second was Directive 2001/19/EC which was transposed into Irish law by way of the European Communities (General System for the Recognition of Higher Education Diplomas and Professional Education and Training and Second General System for the Recognition of Professional Education and Training) (Amendment) Regulations 2003, SI 36 of 2004.

Question No. 282 answered with QuestionNo. 273.

Special Educational Needs.

Cecilia Keaveney

Question:

283 Cecilia Keaveney asked the Minister for Education and Science the position in relation to a resource hours application for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [31161/05]

A new general allocation scheme has been introduced under which schools have been provided with resource teaching hours, based on their enrolment figures, to cater for children with high incidence special needs such as dyslexia and those with learning support needs.

My officials have been in contact with the National Council for Special Education, NCSE, which has confirmed that the pupil concerned falls into the high incidence disability category. Therefore, his needs fall to be met from within the school's allocation of 20 part-time hours under the new general allocation system. The school authorities were notified of the outcome.

The general allocation scheme is designed to ensure that each school has enough resource teaching hours to meet the needs of children with high incidence special needs, such as dyslexia and children with learning support needs. Resource teaching hours for children with low incidence special needs, will continue to be provided on the basis of an individual application for each child.

It is a matter for each school to determine the pupils with high incidence special education and learning support needs that will receive this support. Each school has been allocated enough resource teaching hours to provide its pupils with a level of support appropriate to their needs.

The school can use its professional judgement to decide how these hours are divided between different children in the school, to ensure that all their needs are met. Research shows that some children with special needs will respond better with one-to-one tuition. Others, however, do better when taught in small groups. Often it is best for resource teachers to work with children in the classroom rather than taking them away to a separate room, as the children then have to catch up work done by the rest of the class in their absence. The type of response needed depends on the child.

My Department has recently issued a comprehensive circular, Sp Ed 02/05, to all primary schools regarding the organisation of teaching resources for pupils who need additional support in mainstream primary schools. The main purpose of this circular is to provide guidance for schools on the deployment and organisation of the teaching resources that were allocated under the general allocation model. Reference is also made in this circular to the deployment of additional teaching resources that are allocated to schools for the support of individual pupils with low incidence disabilities.

Richard Bruton

Question:

284 Mr. Bruton asked the Minister for Education and Science the requirements for supervision of children with autism when travelling on a school bus; and the person who has responsibility for funding the cost of helpers and ensuring that the required supervision ratio is observed. [31162/05]

Depending on their particular assessed needs, children with autism may require supervision while travelling to and from school on transport services funded by my Department. The circumstances of each case are examined by the local special education needs organiser employed by the National Council for Special Education and a recommendation made as to the support required.

Where supervision is required, grant aid is made available by my Department to school management authorities to employ suitable persons to serve as escorts on transport services, accompanying children with special educational needs, including autism.

School Services Staff.

Paul McGrath

Question:

285 Mr. P. McGrath asked the Minister for Education and Science the resources available to boards of management of primary schools to fund temporary secretarial assistants when the permanent secretary is on maternity leave. [31164/05]

My Department provides funding towards the cost of secretarial services in primary schools under two separate schemes. One scheme is the 1978 scheme for the employment of full-time clerical officers in primary schools, under which my Department meets the full cost of salary. With effect from 1 January 2004, these clerical officers are paid directly through my Department's central payroll system. The salary cost of temporary clerical officers employed as replacements for full-time clerical officers on maternity leave is also met by my Department and is paid directly to the schools concerned.

The 1978 scheme is being phased out as posts become vacant and no new posts are being created. It has been superseded by a more extensive grant scheme now referred to as the ancillary services grant. The ancillary services grant provides additional funding for primary schools towards the cost of secretarial and caretaking services. The scheme is flexible in nature, giving boards of management discretion as to the manner in which secretarial and caretaking services are provided. It is a matter for each individual school to decide how best to apply the funding to suit the school's particular needs.

The standard rate of grant per pupil under the scheme, which was increased from €102 in 2002 to €127 in 2004, is being further increased to €133 this year. The amount of grant paid to an individual school is determined by the enrolment in the school subject to a minimum grant of €7,980 in the case of a school with 60 pupils or less and a maximum grant of €66,500 in the case of a school with 500 or more pupils, provided the school in question does not already have either caretaking or secretarial services under an existing Department scheme. Where a school already has either caretaking or secretarial services under an existing Department scheme, the rate of grant payable is €66.50 per pupil and the minimum and maximum grants payable are €3,990 and €33,250 respectively.

The ancillary services grant programme provides grants to schools that are not directly linked to any pay scales. Therefore the level and extent of services provided is a matter for the school authorities who, through the discretion afforded by the scheme, apply diverse arrangements for secretarial services as resources permit. As the secretaries are employees of individual schools, my Department does not have any role in determining the pay and conditions under which they are engaged. These are matters to be agreed between the staff concerned and the school authorities.

Special Educational Needs.

Pat Breen

Question:

286 Mr. P. Breen asked the Minister for Education and Science when funding will be made available for an autistic unit (details supplied) in County Clare; and if she will make a statement on the matter. [31165/05]

An application for capital investment for the provision of suitable accommodation to cater for the autistic unit was recently received from the school to which the Deputy refers. The application is currently being assessed and officials of my Department are in contact with the school authority in this regard.

Schools Building Projects.

Denis Naughten

Question:

287 Mr. Naughten asked the Minister for Education and Science if funding will be approved for an application submitted to her Department (details supplied); and if she will make a statement on the matter. [31175/05]

The school authority has recently submitted an application under the additional classroom accommodation scheme 2006 and the summer works scheme 2006. Officials of my Department's school planning section are in the process of recording and assessing all applications received.

School Transport.

Brendan Howlin

Question:

288 Mr. Howlin asked the Minister for Education and Science if her attention has been drawn to the fact that 23 fully eligible students, plus seven with siblings in receipt of tickets, nine first year students and eight others residing in Blackwater and attending schools in Wexford town, are still without school transport tickets; the reason Blackwater students continue to experience this problem while students residing in other areas equidistant from Wexford town have been accommodated; the action she will take to ensure that school transport is provided for all these students without further delay; and if she will make a statement on the matter. [31196/05]

My Department has requested reports on this case from the transport liaison officer, County Wexford VEC and Bus Éireann. My Department will be in contact with the Deputy as soon as all the relevant facts are known.

Inquiry into Child Abuse.

Joe Higgins

Question:

289 Mr. J. Higgins asked the Minister for Education and Science if legislation will be brought forward to establish a redress board in respect of compensation for victims of non-residential institutions, that is, day school pupils. [31197/05]

The residential institutions redress board was established as an alternative mechanism to the courts to provide financial redress to former residents of institutions who, as children, were abused while in institutions over which the State had a supervisory or regulatory responsibility.

The rationale behind the setting up of the redress board was that children in the residential institutions were separated from their parents and therefore did not have the benefit of the care and protection which children in the care of their families usually enjoy. The institutions concerned controlled all aspects of the children's lives 24 hours a day, seven days a week, with no reasonable capacity for access to or involvement by their parents. Therefore, the children in the institutions relied to a significant degree on the public bodies that had a statutory duty to protect them.

This situation does not apply to children attending day schools who were enrolled there by their parents and continued to reside with their families under the guardianship of their parents. Accordingly, there are no plans to extend the remit of the redress board or to establish a similar board for pupils of day schools.

Irish Language.

Brian O'Shea

Question:

290 Mr. O’Shea asked the Minister for Education and Science further to Parliamentary Question No. 432 of 11 October 2005, the Gaeltacht primary schools that teach all classes through the medium of Irish; the Gaeltacht primary schools that do not teach all classes through the medium of Irish; the Gaeltacht post primary schools that teach all classes through the medium of Irish; the Gaeltacht post primary schools that do not teach all classes through the medium of Irish; and if she will make a statement on the matter. [31213/05]

The information requested by the Deputy is being compiled and will be forwarded to him as soon as it is available.

Schools Building Projects.

Michael Lowry

Question:

291 Mr. Lowry asked the Minister for Education and Science if she will reassess the grant provided to a school (details supplied) in County Tipperary; and if she will make a statement on the matter. [31266/05]

As part of the expansion of the devolved scheme for primary school building works, a grant of €440,000 was sanctioned to enable the management authorities of the school in question to provide additional accommodation.

The initiative allows board of management to address their accommodation and building priorities with a guaranteed amount of funding and gives boards control of the building project.

It is not my Department's intention to increase the level of the grant offered to schools participating in the devolved scheme because a central tenet of the scheme is that the schools, granted discretion and funding, must equally accept responsibility for prioritisation, adherence to statutory regulations, control of costs and ensuring value for money.

The intention of the scheme is to provide funding to schools to enable them to undertake wanted building projects. The scheme is not intended to leave schools with significant fund-raising needs but for the school to tailor the scope of capital works commissioned to the available funding. The decision on whether to continue participating in the scheme or to drop out, if the scope of build is more than the funding envelope permits, is a matter for each school authority.

An appeal has been received from the school referred to by the Deputy requesting an increased grant. The appeal will be examined and a decision conveyed to the school management as soon as possible.

Irish Language.

Brian O'Shea

Question:

292 Mr. O’Shea asked the Minister for Education and Science her proposals to review the 1929 University College Galway Act in the context of being an effective and pro-active tool for promoting Irish; and if she will make a statement on the matter. [31275/05]

My Department is in the process of reviewing certain provisions of the University College Galway Act 1929. Any proposals resulting from this review will complement the existing obligations of National University of Ireland, Galway, to promote the Irish language under section 12 of the Universities Act 1997, and more recently, the Official Language Act 2003.

Schools Building Projects.

Willie Penrose

Question:

293 Mr. Penrose asked the Minister for Education and Science if the appeals board has made a decision in relation to an application for additional funding by a school (details supplied) in County Westmeath; the steps she will take to have same expedited; and if she will make a statement on the matter. [31311/05]

As part of the expansion of the devolved scheme for primary school building works, a grant of €350,000 was sanctioned to enable the management authorities of the school in question to provide additional accommodation. The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives boards control of the building project.

The intention of the scheme is to provide funding to schools to enable them to undertake wanted building projects. The scheme is not intended to leave schools with significant fund-raising needs but for the school to tailor the scope of capital works commissioned to the available funding. The decision on whether to continue participating in the scheme or to drop out, if the scope of build is more than the funding envelope permits, is a matter for each school authority.

An appeal by the school in question was considered by the appeals board and it is satisfied that, under the terms of the scheme, the school does not warrant additional funding. The board of management of the school has been informed of the position.

EU Directives.

Ruairí Quinn

Question:

294 Mr. Quinn asked the Minister for Defence the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31155/05]

This question does not apply to my Department at this time.

Defence Forces Property.

Pádraic McCormack

Question:

295 Mr. McCormack asked the Minister for Defence the amount of property recently sold by the Department of Defence to a company (details supplied) at lands known as the rifle range,Oranmore, County Galway; the price received for this land from the company. [31183/05]

No property at this location has been sold by my Department to the body in question.

Animal Welfare.

Róisín Shortall

Question:

296 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the supports given to local authorities and voluntary organisations for the maintenance and construction of dog pounds and the funding provided for such services in each of the past three years; the proposals he has to set down minimum standards for the operation of such pounds; his plans to set targets for the reduction in the percentage of dogs humanely destroyed at such facilities which currently run at a rate of 80% or over in 12 local authority areas; the policy initiatives he is taking at national level, including advertisement, public education or otherwise to address this problem; and if he will make a statement on the matter. [31269/05]

My Department does not provide supports to local authorities or voluntary organisations for the maintenance or construction of dog pounds. The Control of Dogs Acts 1986 and 1992 place statutory responsibility for dog control on local authorities. The implementation of the Acts is vested in local authorities who have power to appoint dog wardens, to provide shelters for stray and other dogs, to impose on-the-spot fines for a number of offences and to take prosecutions. Local authorities may also make by-laws in relation to the control of dogs within their functional areas.

The number of dogs being destroyed has decreased from 27,848 in 1997 to 16,598 in 2004. The number of stray dogs being re-homed each year has increased from 4,681 in 1998 to 7,939 in 2004.

Environmental Policy.

Beverley Flynn

Question:

297 Ms Cooper-Flynn asked the Minister for the Environment, Heritage and Local Government if the compensation package on designated bog lands will apply to farmers who sold their bog in 1996; and if he will make a statement on the matter. [31073/05]

I refer to the reply to Question No. 597 of 25 October 2005.

John Perry

Question:

298 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if, in relation to the EU Energy Performance of Building Directive all houses built, sold or rented must have a certificate to indicate the cost of heating buildings; when this will be implemented; and if he will make a statement on the matter. [31089/05]

The draft action plan for the implementation of the EU Energy Performance of Buildings Directive 2002/91/EC in Ireland was published on 27 April 2005 by Sustainable Energy Ireland, SEI, on behalf of an inter-departmental working group comprising senior officials from my Department, Department of Communications, Marine and Natural Resources and SEI. A copy of the draft action plan is available in the Oireachtas Library.

The draft action plan provides for a mandatory building energy rating, BER, certificate for new dwellings with effect from 1 January 2007, and for existing dwellings when let or sold with effect from 1 January 2009. The definitive action plan is being drawn up, in the light of all submissions received during the public consultation process, and will be submitted to the EU Commission by end 2005.

Local Authority Funding.

John Perry

Question:

299 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the funding allocated to the local authorities in Sligo and Leitrim under the local authority playground grant scheme in respect of children’s playground for the years 2002, 2003, 2004 and 2005; and if he will make a statement on the matter. [31101/05]

Prior to the local authority playground grants scheme 2004, my Department did not operate a specific scheme of grants for playground projects. The 2004 scheme provided up to 50% funding for the development of new, or renovation of existing, playgrounds throughout the country.

While the scheme was administered by the National Children's Office, the grants were paid out of my Department's Vote. Over €2 million was allocated to county and city councils in respect of 32 new or refurbished playground projects. Some €54,000 was allocated to Sligo County Council and €41,000 was allocated to Leitrim County Council under that scheme.

Earlier this year, I announced funding of a further €2 million for local authorities for the development of playground facilities. In this regard, a fixed grant of €60,000 has been allocated to each county and city council, including Leitrim and Sligo, to meet the cost of purchase and delivery of playground equipment. Installation and all other costs, including ongoing maintenance, are to be funded from local sources.

Environmental Policy.

John Perry

Question:

300 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the regulations and guidelines set down by his Department for all local authorities in respect of hedge cutting; and if he will make a statement on the matter. [31102/05]

Section 40 of the Wildlife Act 1976, as amended, provides that it shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period from 1 March to 31 August, any vegetation growing on any land not then cultivated or, during the same period, to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch. There are a number of derogation provisions in the legislation. Those relevant to local authorities cover works being carried out for reasons of public health or safety and the clearance of vegetation in the course of road or other construction works.

Section 70 of the Roads Act 1993 obliges landowners and occupiers of land to take all necessary care to ensure that shrubs, hedges or any other vegetation on their land are not or could not become a danger to road users. In this regard it empowers a local authority, where it considers that a hazard exists, to serve a notice on a landowner or occupier of land requiring action to be taken to remove the danger or potential danger. The local authority itself can carry out the works specified in the notice in any case where the person whom the notice was served fails to comply with it. Where there is an immediate and serious risk to road users, the local authority can act at once, without serving notice, to remove or reduce the danger. In either case, the local authority may recover the cost of the works from the landowner or occupier.

My Department writes each year to local authority managers reminding them of the need to plan hedge cutting operations to comply with the Wildlife Acts as referred to above, and stressing the importance of hedges as a key element of biodiversity in Ireland.

Recycling Policy.

Joe Costello

Question:

301 Mr. Costello asked the Minister for the Environment, Heritage and Local Government the level of grant assistance from his Department provided to Sligo County Council for the development of the Tubbercurry recycling centre; the cost of the centre; the details of commitment of additional grant aid from his Department for the annual operation of the recycling centre; and if he will make a statement on the matter. [31117/05]

Grant assistance of €471,432 has been allocated to Sligo County Council for the civic amenity site at Tubbercurry. The subvention given to Sligo County Council towards the operating costs of recycling facilities is not ring-fenced for each facility, so a detailed breakdown in relation to the specific site is not available. In total, Sligo County Council has received €96,050 in subvention since 2003. A further allocation will be made towards the end of the year.

Local Authority Funding.

Jim O'Keeffe

Question:

302 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the details of the service grant initiative including the criteria for qualification; the actual uptake of the initiative in recent years; and if he will make a statement on the matter. [31118/05]

I assume that the question refers to the service related projects element of the initiatives fund which was launched by my Department in 2001 as part of the local government modernisation programme. This element of the fund was geared towards assisting local authorities in initiatives which would improve customer service and customer care in innovative ways, facilitate the convergence of local government and local development, further the integration of public services or support new directions for local government.

In January 2001, local authorities were invited to submit proposals for funding on the basis that proposals would have a project focus, defined objectives, finite duration and proper cost-benefit analysis. Local authorities were also advised that it was desirable that initiatives would have portability across a number of, if not all, local authorities.

Following consideration by an evaluation committee, 13 projects from separate local authorities were allocated total funding of €2.7 million, of which €2.4 million has been drawn down to date. Details of the allocations are set out as follows.

Initiatives Fund — Service Related Projects.

Local Authority

Project

Allocation

€000

Carlow County Council

Carlow Rural Information Services Project (CRISP): designed to revitalise remote rural areas through improved local authority service delivery and the integration of public services at local level

359

Cork County Council

Development of an internet-based directory of services for the county

22

Dublin City Council

Development of a portal to provide public access to a range of services in the city

1,131

Dún Laoghaire/Rathdown County Council

Local government for young people

38

Galway County Council

Preparation of a community development plan

61

Kerry County Council

Computerised housing management system

229

Kildare County Council

The integration of new residents in the county

32

Laois County Council

Second level school education programme to create awareness of the local authority and the employment opportunities it provides

13

Louth County Council

Pilot recycling project (green town)

84

Monaghan County Council

Development of a comprehensive recycling project with community groups

162

Sligo County Council

Development of a complete model of customer care

286

Waterford City Council

A complaints tracking system

155

Westmeath County Council

Development of a website embracing all aspects of Athlone

128

Waste Management.

John Deasy

Question:

303 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government if, in view of the estimated cost of €10.3 million for the remediation of the Tramore and Dungarvan landfills in County Waterford he will change the law in order that central funding for such work will be made available to local authorities; and if he will make a statement on the matter. [31119/05]

In regard to landfills which are closed or are now closing, but which when in operation complied with the then existing legal requirements, a direction issued by me has reminded local authorities of their obligation to identify and risk assess all such facilities having regard to modern environmental standards. The EPA is preparing a methodology to assist in the risk assessment phase of this process. The environmental and financial implications of this landfill legacy will be further considered when this investigation has been advanced.

John Perry

Question:

304 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the extra funding he has provided to Sligo and Leitrim County Council for the collection of dangerous household waste at recycle centres (details supplied); and if he will make a statement on the matter. [31130/05]

My Department does not provide dedicated funding for the collection of household hazardous waste. A subvention is provided towards the operational costs of civic amenity and bring sites, but this is not ring fenced by material type. Sligo County Council has received a total of €96,050 subvention since 2003 and Leitrim County Council has received €111,600. No subvention has yet been issued for 2005, but it will be provided before the end of the year.

EU Directives.

Ruairí Quinn

Question:

305 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the number of EU directives within his Department’s competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31156/05]

I am fully aware of the importance of timely transposition of EU environmental legislation, some 200 items of which, including more than 140 directives, have by now been transposed in this country.

Since 1997, some 65 communications have been received relating to the transposition of directives in areas for which my Department has responsibility. These have involved directives in the areas of waste management, air quality, soil protection, water quality, integrated pollution prevention and control, dangerous substances in batteries, keeping of wild animals in zoos and fuel emissions. All of the directives concerned have subsequently been transposed, except for seven which are currently awaiting transposition. Details of the latter are set out as follows.

Directives outstanding for transposition.

Directive number and title

Date due for transposition

Current position on transposition

Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles

21 April 2002

It is anticipated that this Directive will be fully transposed by the end of the year.

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

18 July 2004

Drafting of Regulations to transpose this Directive is well advanced and transposition is intended by the end of the year.

Directive 2002/88/EC of the European Parliament and of the Council of 9 December 2002 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery

11 August 2004 20 May 2005

Draft Regulations transposing both Directives are nearing completion with a view to transposition by the end of the year.

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC

14 February 2005

Legislative proposals for the transposition of this Directive are in drafting and it is intended that it will be transposed at the earliest possible date.

Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC

25 June 2005

Options for transposition of the Directive are being examined with a view to completing transposition at the earliest possible date.

Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste

18 August 2005

The Department is engaged with a stakeholder group on a final phase of consultation prior to finalising Regulations to give effect to this Directive and it is intended that it will be transposed in the first quarter of 2006.

EU Legislation.

Michael Ring

Question:

306 Mr. Ring asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 200 of 20 October 2005, the persons who attended the meeting rather than who led the deputation; if he will answer this query in full as the reply given is insufficient; and the names of the persons in the deputation with the two persons mentioned in his reply. [31166/05]

I am communicating the full attendance at this meeting to the Deputy.

Local Authority Housing.

Joe Costello

Question:

307 Mr. Costello asked the Minister for the Environment, Heritage and Local Government the number of applicants on Leitrim County Council’s housing waiting list; the number of applicants in each electoral area in the county; the length of time they have been on the list; the number of new houses the Council intends to provide in each electoral area in 2005; the number of houses suitable for persons with physical disabilities; and if he will make a statement on the matter. [31167/05]

The most recent three yearly assessment of need for social housing was carried out by local authorities in March 2005. Returns were received in my Department over the summer period and the overall data are being finalised and will be published very shortly. Information as to extent of Leitrim's housing waiting list and the length of time households have been on the waiting list along with other details pertaining to the list will be included in this publication. This information will relate to the county as a whole as information is not available in my Department on an electoral area basis.

Leitrim County Council has indicated to my Department that it proposes to commence 48 units at various locations throughout the county during the course of 2005. At the end of June, there were 43 houses under construction. Information on the number of these houses to be provided for disabled persons is not available in my Department.

Water Quality.

Richard Bruton

Question:

308 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government if the survey of houses with leaded connections carried out in 1996 demonstrated any level of non-compliance with the interim 2003 requirements of Council Directive 98/83/EC. [31180/05]

The limited 1996 sampling exercise in Dublin referred to in the reply to Parliamentary Question No. 541 of 11 October 2005 indicated that, depending on the sampling method employed, a range of between 6% and 12% of the properties sampled at that time would not have met the interim EU standard for the end of 2003. This finding is not likely to be more widely representative since lead water pipes only feature in older urban areas and many such pipes would have been replaced in the meantime. The most recent information on the monitoring of heavy metals in drinking water supplies, of which lead is one of a number monitored, is available in the Environmental Protection Agency's publication, The Quality of Drinking Water in Ireland — A Report for the Year 2003, with a review of the period 2001-2003, copy available in the Oireachtas Library. The EPA report indicates that 18,138 samples, were analysed for heavy metals in public water supplies and 2,154 in group water scheme supplies in 2003. The report reveals an almost 100% compliance rate in the case of all water supplies — with only five exceedances of the standard for lead in public water supplies and one exceedance in the group water scheme samples.

Local Authority Housing.

Michael Ring

Question:

309 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if he will provide a list of all voluntary groups which are registered with a local authority (details supplied). [31182/05]

I assume that the question refers to voluntary bodies approved by my Department, of which there are currently over 600, for the purpose of providing housing under the capital assistance and capital loan and subsidy schemes, although these bodies are not required to register with local authorities. A list of the approved bodies is being compiled and will be forwarded to the Deputy as soon as possible.

Consultancy Contracts.

Emmet Stagg

Question:

310 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the growing practice of retiring or resigning senior county council officials taking up employment with or offering consultancy services to the building industry with whom they dealt with in their previous positions; his views on the potential for conflict of interest involved in this practice; the action he will take to regulate such practices; and if he will make a statement on the matter. [31206/05]

A code of conduct for employees of local authorities was published in June 2004 under Part 15 of the Local Government Act 2001 and it is an integral part of the ethical framework for the local government service. The code includes disclosure requirements concerning employment outside the local government sector and addresses situations concerning a conflict of personal and public interest.

The implementation of the code is being kept under review in light of experience since its introduction and as part of an assessment of the effectiveness of the regime; this assessment will also consider the acceptance by local authority employees of outside appointments and of consultancy engagements following resignation or retirement.

Local Authority Staff.

Emmet Stagg

Question:

311 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government the procedures for the appointment of county managers and their removal from office; and if he will make a statement on the matter. [31207/05]

The procedures for the appointment of county and city managers and their removal from employment are set out in Part 14 of the Local Government Act 2001. Recruitment to such posts is carried out by open competition conducted by the Public Appointments Service which recommends a person for appointment as manager to the relevant council. The appointment of a manager by a county or city council, following a recommendation by the service, is a reserved function. Where on the expiration of three months after the date of the recommendation, the person recommended is not appointed and is still available for appointment, the appointment becomes automatic.

The elected council of a county or a city may by resolution suspend or remove from employment the county or city manager for stated misbehaviour or if his or her suspension or removal appears to them to be necessary for the effective performance of the functions of the council. Where such a resolution is proposed, the procedures to be followed by the relevant council are set out in section 146 of the Act of 2001. However, a county or city manager may not be removed without the sanction of the Minister who may appoint an independent panel of three persons to consider the removal, to recommend whether the Minister should give sanction to such removal and to make any such other recommendations, if any, as the panel may consider appropriate.

Library Projects.

Emmet Stagg

Question:

312 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government when the new library at Confey, Leixlip, County Kildare which was completed in April 2004 will open in view of the large investment of public funds in the project. [31208/05]

In July 2001, my Department approved a proposal by Kildare County Council for the acceptance of a tender in relation to the provision of a new library atLeixlip. Further progress with this project is a matter for Kildare County Council. I understand that the local authority is currently in the process of commissioning the library which involves book stocking and the provision of IT services and other facilities.

Local Authority Funding.

Richard Bruton

Question:

313 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government the Government payment to local authorities in lieu of domestic rates and the other Exchequer contribution to local authority current spending for each year 1997-2005. [31295/05]

The information requested is set out in the following table.

1997

1998

1999

2000

2001

2002

2003

2004

2005

€’m

€’m

€’m

€’m

€’m

€’m

€’m

€’m

€’m

General Purpose Grant Allocations

339.28

367.97

438.58

469.15

554.81

592.41

663.91

751.66

816.98

Other Exchequer Payments

529.87

491.62

577.65

646.28

768.20

866.38

851.06

896.01

920.00 (Estimate)

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