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Dáil Éireann debate -
Thursday, 8 Dec 2005

Vol. 612 No. 1

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 11, inclusive, answered orally.

Food Safety Standards.

Bernard J. Durkan

Question:

12 Mr. Durkan asked the Minister for Agriculture and Food if she is satisfied regarding the traceability, husbandry and production methods used in all countries from whence food products are currently imported; if all regulations in relation to animal health and disease eradication are complied with; and if she will make a statement on the matter. [38409/05]

Detailed EU legislation lays down the conditions that member states must apply to the production of and trade in products of animal origin, including meat and meat extracts, as well as to imports of these products from third countries. Under harmonised legislation a series of health and supervisory requirements are applied in the member states to ensure that animal products are produced to standards that guarantee the safety of food and the protection of human and animal health. The application of these standards in the member states is monitored by the Food and Veterinary Office, FVO, of the EU. It is a requirement that animal products imported from third countries meet standards at least equivalent to those required for production in, and trade between, member states. All such imports must come from third countries or areas of third countries approved for export to the EU.

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

I fully support the policy that animal products imported into the EU from third countries meet standards at least equivalent to those required for production in, and trade between, EU member states. Irish farmers are required to ensure that their production systems and farm practices fully comply with a wide range of EU directives on important matters including traceability, animal health and welfare and consumer protection.

In this context I wrote to the Commissioner for Health and Consumer Protection, Mr. Markos Kyprianou, concerning the sanitary rules applying to the import of livestock products, especially beef, into the European Union. In his reply the Commissioner outlined that, with respect to traceability and controls of residues of veterinary medicines, the purpose of EU legislation is not to impose on exporting third countries a system of guarantees that is equal to the EU system, but that the exporting country provides guarantees that are equivalent to the standards applied in the EU. The Commissioner indicated his service is committed to protect the health of European consumers and European livestock. The Commissioner has assured me that the Commission will not hesitate to take the appropriate protection measures if a product, imported from a third country or produced in the domestic market represents a risk for the health of EC consumers, livestock or plants.

Genetically Modified Organisms.

Ruairí Quinn

Question:

13 Mr. Quinn asked the Minister for Agriculture and Food the level of interest by farmers here in investment in growing genetically modified crops; and if she will make a statement on the matter. [38376/05]

The level of interest by Irish farmers in growing genetically modified crops would be determined by, among other factors, the range of GM crops available for sowing and their suitability for Irish conditions. Currently, the only genetically modified crops which are on the EU common catalogue of plant varieties and thereby authorised for cultivation on an EU-wide basis are a series of GM maize varieties which are resistant to the European cornborer. These particular crops are of little or no interest to Irish farmers as the cornborer is not an indigenous pest here. However, in the event that other GM varieties are developed that would confer an economic advantage to Irish agriculture and if they were to be authorised for cultivation within the EU, undoubtedly such varieties will be evaluated and their cultivation here considered. GM potato varieties with resistance to late blight and oilseed rape varieties with higher oil content are in development internationally and these and others might be of interest to Irish farmers in the medium term, should they be approved for cultivation.

The growing of GM crops is determined by EU legislation adopted by the European Parliament and the Council of Ministers. This legislation, which is binding on all member states, stipulates that EU farmers should be able to engage in the production types they wish, be it conventional, organic or GM, provided they do not impose a necessity on neighbouring farmers to change their established production types. This brings in the concept of co-existence of GM crops alongside non-GM crops. Creating conditions for co-existence means making it possible for conventional and organic farmers to keep the adventitious presence of GMOs in their crops below the labelling thresholds established in Community law, while ensuring that farmers, who want to grow authorised GM crops, have a reasonable opportunity to do so.

In August 2003 an interdepartmental group, which comprised representatives of the Departments of Agriculture and Food and the Environment, Heritage and Local Government, Teagasc and the EPA, was established to examine issues relating to co-existence and draw up rules for co-existence arrangements in Ireland.

I have recently received and examined the group's reports and recommendations. The report takes on board the full range of factors surrounding the GM issue: the principles laid down in the Commission guidelines on GM co-existence; Government policy on GMOs; scientific issues; new developments in GM technology; the Irish crop production system and farm infrastructure; and liability. While the group engaged extensively with identified stakeholders, I have decided, in order to allow all concerned put forward their views on the proposed arrangements for co-existence, to place the report on my Department's website and invite further observations on the recommendations in the report. I will take all such observations into account before putting in place co-existence arrangements in Ireland, as is required under EU legislation.

National Reserve Applications.

Michael Noonan

Question:

14 Mr. Noonan asked the Minister for Agriculture and Food her plans for the allocation of entitlements under the national reserve; when she intends to issue the entitlements; and if she will make a statement on the matter. [37697/05]

The position is that, over the past year, meetings of the single payment advisory committee, comprising representatives of my Department, the farming organisations and Teagasc, were held on a number of occasions to discuss the rules governing the allocation of entitlements from the national reserve. At more recent meetings, the committee assessed progress on processing the national reserve applications and discussed, in particular, what should constitute the "regional average value of entitlements". Under the regulations governing the national reserve, allocations to farmers who are successful under certain categories must not have the effect of increasing their entitlements above the regional average value of entitlements.

My officials subsequently sought clarification on certain issues from the European Commission and I will shortly be taking final decisions on the matter. The intention is that allocations will be made to successful applicants early in the new year.

Food Industry.

Phil Hogan

Question:

15 Mr. Hogan asked the Minister for Agriculture and Food the steps she intends to take to promote growth in the food industry on foot of the World Food Technology and Innovation Forum that was recently held here; and if she will make a statement on the matter. [37856/05]

The Fourth Annual World Food Technology and Innovation Forum was held in Dublin by Access Events International in partnership with Enterprise Ireland on 9-10 November 2005. The event provided an excellent opportunity for food manufacturers to discuss the changing dynamics of the industry and to cover the themes of consumer trends and developments in new product development; approaches to innovation and well-being; nutrition and health labelling; trends in ingredients; and futuristic technologies such as nanotechnology and how these may be applied to the food industry, and progress in functional food research.

The topics echo the emphasis placed by the National Development Plan 2000-2006 on research and development as a key driver of economic development and growth and the allocation in the plan of €106 million to research, technology and development in the food sector alone. This comprises public good food research under FIRM, my Department's food institutional research measure, and grant assistance by Enterprise Ireland for commercial research in the food sector.

The main objectives of the food institutional research measure, FIRM, are to provide a base of information and expertise in generic technologies that supports innovation and product development in the food industry, and assists consumer protection by ensuring that product development is underpinned by attention to food safety and quality. Since 2000 calls for projects have issued on a range of themes: development of technologies to build a more competitive, innovative, consumer-focused and sustainable food production and marketing sector; development of the scientific knowledge to underpin effective food safety practices at all stages in the food chain; consumer foods technology; innovation in functional foods; cheese diversification; production of new food ingredients; nutrition; and new technologies for added-value meat products.

The emphasis placed on competitive excellence and co-operation between research institutions has greatly increased capacity and capability in third level food research in Ireland and has provided a cadre of highly skilled researchers as a resource for the food sector as well as generating new knowledge and technologies for the food industry.

The initiatives to encourage research and development, which have been implemented by Enterprise Ireland under the national development plan, include research and technology, research and development capability programmes and innovation partnerships with industry and academia. I was particularly pleased to see the interest shown by large dairy and meat companies in the past year in establishing their own research and development centres of excellence with the assistance of Enterprise Ireland.

The development of the functional foods industry has been identified as a national priority by the Government and is specifically mentioned in recommendations of the Agri 2010 and Agri-Vision 2015 committees and the Ahead of the Curve report of the enterprise strategy group. Functional foods are defined as those foods and beverages that provide a health benefit beyond basic nutrition, for example, probiotic yogurts for gut intestinal health and energy drinks for sports and general physical performance. It is one of the key areas identified in the Enterprise Ireland development strategy for the value-added food sector, which also includes market-led innovation, biotechnology and functional foods. This sector presents huge challenges and opportunities. Enterprise Ireland has constituted a national functional foods forum that will help formulate and drive the strategy for the sector. The forum enjoys participation from industry, the research-academic community and some industry representative groups as well as Bord Bia and my own Department.

Biotechnology also offers opportunities for new products and process technologies including the creation of a new generation high value food ingredients by extracting high value fractions from raw materials such as milk protein. This is an area also benefiting from State-funded research.

Market driven innovation is seen to be the key to success in the extremely competitive, rapidly changing, food sector and to positioning the food industry, and indeed other industry sectors, as stated in Ahead of the Curve. While innovation can profitably be applied to all aspects of a company's operations, particular emphasis needs to be placed on commercially exploitable research and development and new product development. I am committed to encouraging and promoting initiatives in this area.

Gardening Initiatives.

Emmet Stagg

Question:

16 Mr. Stagg asked the Minister for Agriculture and Food if she will liaise with the appropriate local authorities to encourage urban dwellers to use some of their garden space to grow produce; if the supports to ensure that the growers have access to seeds and polytunnels will be provided; and if she will make a statement on the matter. [38385/05]

Public interest in all aspects of gardening is widening all the time and the annual value of the Irish amenity and gardening market is estimated to be worth as much as €450 million. Any initiatives to encourage greater gardening activity and increased consumption of fruit and vegetables are welcome, on the basis of their contribution to good physical and mental health as well as on the economic level.

That said, the mission of my Department is to contribute to the development of a competitive commercial horticulture and potato sector and the highest food safety and phytosanitary standards. The schemes administered by the Department ensure that seeds and plants, pesticides and fertilisers on sale to the public meet the highest EU specifications.

My Department is also participating in the funding of a €100,000 programme to promote, inter alia, public awareness of garden related issues and to improve the availability of quality information for the novice gardener. The programme is being managed by Bord Bia and will be 50% funded by the European Commission, 20% funded by the Department and 30% funded by trade interests. In order to encourage gardening among the target audience — women aged between 35 and 55, and new home owners — Bord Bia has prepared 20 user-friendly gardening leaflets covering a wide range of topics and designed to encourage novice gardeners to increase gardening activities. Over 400,000 leaflets are currently being distributed to garden centres throughout the country.

Sugar Beet Industry.

David Stanton

Question:

17 Mr. Stanton asked the Minister for Agriculture and Food her views on whether the compensation package from the EU will be sufficient to meet the needs of growers and workers in the beet industry here; and if she will make a statement on the matter. [38443/05]

The compensation package in question has a potential value for Ireland of over €300 million. I am satisfied that this represents the best possible deal that could have been for Irish stakeholders in the circumstances.

The increased rate of compensation for beet growers of up to 64% of the price reduction, to be paid in the form of direct payments, is worth approximately €121 million to Irish beet growers over the next seven years. There is also a once-off payment worth almost €44 million exclusively for beet growers in the event that sugar beet production ceases in Ireland. There is an aid package of up to €145 million for economic, social and environmental costs of restructuring of the Irish sugar industry involving factory closure and renunciation of quota.

In the event that sugar production ceases in Ireland, the restructuring fund of up to €145 million would become available to provide compensation for the economic, social and environmental costs arising from factory closure. The agreement provides that at least 10% of the fund shall be reserved for sugar beet growers and machinery contractors to compensate notably for losses arising from investment in specialised machinery. This amount may be increased by member states after consultation of interested parties as long as the financial breakdown of the elements of the restructuring plan is kept balanced according to a sound economic proposal.

The formal legal texts giving effect to the agreement will be adopted by the Council of Ministers early next year after the opinion of the European Parliament has been received. The Commission will then come forward with proposals for detailed implementing rules. Pending the adoption of the relevant regulations it is not possible to give further definitive information but, as with the earlier phases of CAP reform, my Department will make timely arrangements for implementing the new regime in due course.

Live Exports.

Dinny McGinley

Question:

18 Mr. McGinley asked the Minister for Agriculture and Food the steps she intends to take to promote the export of live sheep; and if she will make a statement on the matter. [37692/05]

I am always prepared to facilitate trade in live sheep, which is subject to EU rules governing intra-Community trade. Trade in sheep between member states of the European Union is subject to the provisions of Council Directive 91/68/EEC, as amended, as regards reinforced controls on the movement of sheep and goats.

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

These controls were introduced in the aftermath of the foot and mouth disease outbreak in 2001 and came into effect on 1 July 2004. I was very much aware that there were certain difficulties with these certification requirements arising from the fact that the information in respect of which the official veterinarian was being required to certify could only be truly known to the farmer. Accordingly I had my Department raise the matter with the European Commission in an effort to arrive at a certification procedure that best meets the concerns of farmers and exporters, while, at the same time, protecting animal health. I am pleased that, in response to our approach, the European Commission submitted proposals to amend these certification requirements to allow the official veterinarian to issue certification based on a written declaration by the farmer or on an examination of the flock register and movement documents. The proposals providing for these new arrangements were agreed to unanimously by the Standing Committee on the Food Chain and Animal Health on 11 November 2005 and will apply from 15 February 2006. I am confident that they will resolve most of the outstanding difficulties in relation to certification of exports of sheep to France and the United Kingdom.

While I am happy to facilitate live sheep exports in any way I can, I would point out that securing outlets and the supply and availability of transport for the carriage of livestock is a commercial matter not within the remit of my Department.

Beef Exports.

John Curran

Question:

19 Mr. Curran asked the Minister for Agriculture and Food her views on the efforts to promote trade in Irish beef to date in 2005. [38302/05]

Beef production is extremely valuable to the Irish economy with a €1.4 billion export value representing almost 25% of total Irish agri-food exports. Most of our beef exports to date this year have been to EU markets. EU consumption is predicted to again outstrip production in 2005 with a resulting import gap of an estimated 370,000 tonnes for the year. This will provide opportunities for our beef exports in the high value continental EU markets.

Our aim is to consolidate our position in the EU market and in this regard, last September I launched the Bord Bia Irish Beef in Europe campaign which is aimed at building sales of Irish beef in European supermarkets and to establish the Irish Beef brand firmly in the minds of consumers. This particular campaign involves on-pack promotions in 8,000 European stores which are frequented by some 40 million shoppers every week. I also participated in one of the on-site supermarket promotions in Italy in October. Initial feedback is already encouraging in terms of improved demand in response to the promotion. This promotional work by Bord Bia coupled with the marketing effort of the industry will be continued in order to build further sustainable market share in Europe which is where the future long-term success of the Irish beef industry lies.

Regarding third country trade, my Department in co-operation with the Department of Foreign Affairs and Bord Bia, continues to make every effort to increase the number of markets for Irish beef. Russia, Algeria and Egypt are important markets for our beef while the Lebanon is an importer of live cattle. A delegation from my Department and Bord Bia visited Egypt in August this year to finalise negotiations in this area with the Egyptian authorities. This resulted in the signing of a new protocol on animal health matters to improve the conditions under which exports to that country can take place. To date 1,900 tonnes of beef have been shipped to this destination under the new arrangements. Similar work is ongoing in relation to potential opportunities for trade with countries in the Gulf states, South Africa, Indonesia, the Philippines and other potential markets in which there are restrictions on Irish and EU beef due to BSE.

I am committed to having the maximum number of international markets available to Irish beef and my Department will continue to work closely with the Department of Foreign Affairs and Bord Bia to achieve that aim.

Food Labelling.

Jimmy Deenihan

Question:

20 Mr. Deenihan asked the Minister for Agriculture and Food the steps she is taking to introduce a clear and transparent food labelling system here; and if she will make a statement on the matter. [37721/05]

Consumers are entitled to and should be provided with full information on foodstuffs. In this context, my Department continues to give considerable attention to food labelling.

Given the complexities involved, with account having to be taken of EU legislation and the Single Market, a food labelling group was established in 2002 to examine the matter in detail. Since then, my Department has pursued assiduously the implementation of the recommendations of the food labelling group. Nineteen of the 21 recommendations, many of which were beyond the remit of my Department and some which were to be activated only after others had been completed, have been addressed. The remaining two recommendations, which relate to aspects of origin labelling, are also being addressed.

Arising from the implementation of the group's recommendations, the enforcement of all food labelling regulations has been centralised in the Food Safety Authority of Ireland, FSAI. This not only streamlines the enforcement measures but it also provides a one-stop shop for any complaints on mislabelling of food. In addition, the responsibility for food labelling policy, with the exception of fish, has been assigned to the Department of Health and Children and my Department in accordance with another recommendation of the food labelling group. Accordingly, the Department of Health and Children is responsible for general labelling regulations which require information on food labels to be given clearly, accurately and in a language understood by the consumer. My Department is responsible for more detailed legislation on the labelling of specific food products including beef and poultry meat.

I am currently in the process of extending the existing beef labelling laws to require information on the "country of origin" of beef to be provided to all consumers in the restaurant and catering sectors. The various representative bodies including the Irish Hotels Federation, the Restaurants Association of Ireland and the two vintners groups, following discussions with my Department, have all agreed to recommend to their members to provide this information to their customers on a voluntary basis in advance of the mandatory legal requirement. It is expected that the voluntary code will be in place in the near future.

Regarding the labelling of poultry meat, there are EU regulations which provide for the labelling of unprocessed poultry meat at retail level. The regulations require such poultry meat to be labelled with the information regarding class, price, condition, registered number of slaughterhouse or cutting plant; and, where imported from a third country, an indication of country of origin.

There are no specific EU regulations governing the labelling of pigmeat or sheepmeat beyond the general food labelling regulations which do not require "country of origin" information. However, I intend to pursue further the question of labelling of other meats at EU level.

There has also been a lot of concern expressed about products imported into the Community and then processed in some way allowing it to be described as a product of that member state. This is known as "substantial transformation" in the context of European customs regulations. Accordingly, any changes in this regard would have to be made with the agreement of the other member states. My Department is continuing to pursue the matter in the context of a general review of food labelling being conducted by the EU Commission.

Alternative Farm Enterprises.

Pat Rabbitte

Question:

21 Mr. Rabbitte asked the Minister for Agriculture and Food the action she has taken to assist in meeting the 2% quota for production of biofuel by the end of 2005, required under the Kyoto Agreement; and if she will make a statement on the matter. [38374/05]

The Minister for Communications, Marine and Natural Resources has overall responsibility for energy policy and is primarily responsible for the promotion and development of renewable energy, including biofuels.

The development of the biofuels industry is a cross-sectoral issue impinging on several policy areas, for example, environmental and fiscal policy as well as energy policy, and involving several Departments and agencies. My Department has been represented on a number of interdepartmental groups considering the issue and there has also been direct contact between my Department and the Department of Communications, Marine and Natural Resources.

I am conscious of the central role that agriculture can play in supplying the necessary raw materials for the production of biofuels. Energy crops such as oilseed rape, wheat and sugar beet can be used for the manufacture of liquid transport biofuels. Forestry by-products are a rich source of wood biomass for heat or energy generation while various farming by-products such as meat and bone meal and tallow can be used for energy-heat generation and biodiesel manufacture respectively.

For the purposes of contributing to the development of policy on biofuels, my Department in conjunction with COFORD and Teagasc has examined the potential of energy crops, wood biomass and farming and food by-products. In general, the production of energy crops for biofuels will have to be demand led and production by farmers will only occur if the economic returns are greater than those offered by traditional crop enterprises. The scheme announced earlier this year by the Minister for Communications, Marine and Natural Resources for mineral oil tax relief on pilot biofuel projects has stimulated the production of oilseed rape for biofuel. The announcement in yesterday's budget of the major extension of this scheme to cover, when the relief is fully operational, some 163 million litres of biofuels per year should further stimulate the production of crops for the manufacture of liquid biofuels. This is a very welcome development.

The exploitation of wood resources for energy purposes, mainly for heat or electricity generation, offers significant potential. There are also significant opportunities for using by-products of farming and food processing for bioenergy purposes. Approximately 140,000 tonnes of meat and bone meal is produced annually and its use in place of fossil fuels could reduce carbon dioxide emissions by up to 19%.

I am anxious to encourage further research to assist the development of the biofuels industry. Teagasc has already done some valuable work in this area and I also arranged for research projects on biofuels and other non-food uses of crops to be included in the latest call under my Department's research stimulus programme. Details of the successful projects will be announced shortly.

Genetically Modified Organisms.

Trevor Sargent

Question:

22 Mr. Sargent asked the Minister for Agriculture and Food her stance on genetically modified food; if Ireland is becoming a genetically modified-free zone; and if she will make a statement on the matter. [38446/05]

The legislation surrounding GM foods is a matter for the Tánaiste and Minister for Health and Children, Deputy Harney, while that of the deliberate release of genetically modified organisms into the environment comes within the remit of the Minister for the Environment, Heritage and Local Government, Deputy Roche.

EU legislation on the cultivation of GM crops, which was adopted by the European Parliament and the Council and which is binding on all member states, specifically prohibits the unilateral declaration of a GM free country. There are, however, options available to restrict the growing of GM crops within regions of a country. One option is the concept of voluntarily developed GM free regions — a concept being explored by a number of regional communities and authorities throughout the Community. Another option is to seek a derogation from the Commission that, on the basis of sound scientific evidence, co-existence is not possible in certain regions in respect of certain named crops. The cultivation of these crops can then be legitimately prohibited if the case made is accepted by the Commission.

Veterinary Inspection Service.

Fergus O'Dowd

Question:

23 Mr. O’Dowd asked the Minister for Agriculture and Food, further to Question No. 162 of 23 June 2005, the steps she intends to take on the issue; and if she will make a statement on the matter. [37738/05]

I have outlined in detail to the House on a number of occasions the circumstances surrounding this unusual case. I wish to restate the key aspects. First, the actions by my Department at the time were designed to protect public health by ensuring that animals treated with a prohibited substance did not enter the food chain. Second, my Department obviously wanted to see the animals disposed of in a humane manner and offered to permit the animals to be brought to a slaughter plant. However, the person in charge of the animals chose the manner by which the animals were to be slaughtered and my Department endeavoured to ensure that he did this in a way that the welfare of the animals was not compromised. In view of the fact that the matter is sub judice, I do not propose to comment any further on the case at this stage.

World Trade Negotiations.

Olivia Mitchell

Question:

24 Ms O. Mitchell asked the Minister for Agriculture and Food the discussions she has had with the EU Commission on the WTO talks; and if she will make a statement on the matter. [37725/05]

Denis Naughten

Question:

26 Mr. Naughten asked the Minister for Agriculture and Food the steps she is taking to ensure that the EU Commission does not exceed its mandate at the WTO talks; and if she will make a statement on the matter. [37687/05]

Gay Mitchell

Question:

30 Mr. G. Mitchell asked the Minister for Agriculture and Food the discussions she has had with the EU Commission on the forthcoming world trade talks; and if she will make a statement on the matter. [37732/05]

Pádraic McCormack

Question:

37 Mr. McCormack asked the Minister for Agriculture and Food her position regarding the abolition of export credit refunds by the EU; and if she will make a statement on the matter. [37736/05]

Billy Timmins

Question:

48 Mr. Timmins asked the Minister for Agriculture and Food her views on the EU proposals to the WTO to reduce supports for agriculture; and if she will make a statement on the matter. [37712/05]

Brian O'Shea

Question:

59 Mr. O’Shea asked the Minister for Agriculture and Food the action she has taken or proposes to take to prevent the severe impact on rural areas arising from the proposals being considered by the World Trade Organisation relating to farmers’ income; and if she will make a statement on the matter. [36941/05]

Eamon Ryan

Question:

88 Mr. Eamon Ryan asked the Minister for Agriculture and Food if the world trade talks will result in more cheap food imports from non-EU countries; the implications for agriculture here; and if she will make a statement on the matter. [38455/05]

Brendan Howlin

Question:

90 Mr. Howlin asked the Minister for Agriculture and Food her views on setting a precise date by which developed country members of the WTO will provide bound duty free and quota free market access for all products originating from all least-developed country members of the WTO; and if she will make a statement on the matter. [38382/05]

John Perry

Question:

101 Mr. Perry asked the Minister for Agriculture and Food the steps she is taking to ensure that the EU Commission does not exceed its mandate on agricultural supports at the WTO talks; and if she will make a statement on the matter. [37711/05]

Bernard J. Durkan

Question:

181 Mr. Durkan asked the Minister for Agriculture and Food the way in which she expects to retain Ireland’s position as a food producing country in view of recent discussions at EU levels and discussions pending at WTO; and if she will make a statement on the matter. [38632/05]

Bernard J. Durkan

Question:

182 Mr. Durkan asked the Minister for Agriculture and Food the other sectors in the food industry, along with the sugar sector, which are likely to be determinately affected by EU and WTO policy; and if she will make a statement on the matter. [38633/05]

I propose to take Questions Nos. 24, 26, 30, 37, 48, 59, 88, 90, 101, 181 and 182 together.

The Government is committed to achieving a balanced outcome between the various elements of the WTO negotiations. In so far as agriculture is concerned, the outcome of the negotiations will determine the levels of protection and support which the EU may provide for the duration of the next agreement. The negotiations represent, therefore, a serious challenge to the future of the Common Agriculture Policy, CAP. My over-riding objective is to ensure that the terms of the final agreement can be accommodated without the need for further reform of the CAP. More specifically, my priorities are to ensure that: the phasing out of all forms of export subsidies, including export credits, will be applied in parallel as provided for under the WTO framework agreement which was concluded in August 2004, that the phasing-out arrangements will be as flexible as possible and that the end-date will extend as long as possible; Ireland's agricultural exports will remain competitive in the EU market through the continuation of adequate levels of tariff protection on imports from third countries. My aim is to secure the best combination of tariff cuts and the ‘sensitive product' status, to which lower tariff cuts will apply, for the products of particular interest to Ireland, especially milk and beef products; the EU's system of direct payments which, following decoupling, qualify as non trade-distorting, will continue to be exempt from reductions under the new agreement; and direct payments make a major contribution to farm incomes in Ireland and I will strongly resist any attempt to amend the qualifying criteria to undermine their status as non-trade-distorting payments under a new agreement.

The Commission negotiates in the WTO on the basis of a mandate which was agreed by the Council of Ministers. The mandate is designed to defend the CAP as it has evolved under successive reforms, including Agenda 2000 and the mid-term review. Together with a number of my EU ministerial colleagues, I have been very active in demanding that the Commission remains within its mandate and makes no further concessions on agriculture. At a meeting of the General Affairs and External Relations Council on 18 October 2005 which I attended, the Council again endorsed the mandate and confirmed that it constitutes the limits for the EU's negotiating brief in the WTO. The Commission maintains that the latest EU offer which was made on 28 October fully respects the negotiating mandate. I have some reservations in this regard, particularly in relation to domestic support and market access issues. Nevertheless, I am satisfied that the efforts of my colleagues and I have ensured that no further concessions have been made by the Commission and that the opposition of member states to further concessions has been conveyed in very clear terms to the negotiating partners. I believe, however, that the Commission has reached the limit of its room to manoeuvre and I recognise that extreme vigilance is needed to protect our interests as the negotiations proceed.

I have been in regular contact with the Commissioner for Agriculture and Rural Development in recent months. I discussed the WTO agriculture negotiations and Irish concerns in relation thereto at a bilateral meeting with the Commissioner on 23 June 2005. The Council of Agriculture Ministers, which reviews the situation on a regular basis, discussed the developments in the negotiations at its meetings on 18 July 2005, 19 September 2005, 25 October and 22 November 2005, all of which I attended with Ministers from other member states and the Commissioner. On each occasion I outlined my concerns that the Commission should continue to adhere to the mandate on agriculture which was given to it by the Council and that it should not deviate from this as the negotiations proceed.

In November, I also travelled to Geneva for a meeting with Pascal Lamy, the Director General of the WTO, at which I took the opportunity of making it very clear to him where Ireland's concerns lie in relation to the agri-food sector.

From the development perspective the EU is aiming for a very ambitious outcome to the current negotiations. I have fully supported and will continue to support the EU proposals in this regard which include a commitment to special and differential treatment for developing countries in the form of lower reduction commitments and longer implementation periods, immediate duty free and quota free access to developed country markets for all products from least developed countries as provided for already by the EU through the Everything But Arms initiative and a comprehensive aid for trade package including a broad financial envelope which compensates for possible loss of preferences by least developed countries.

It is now likely that the negotiations in Hong Kong will be a further step in progress towards a decision rather than a final agreement. I will be attending these negotiations and I will be taking a very active role in pursuing an outcome which is the most beneficial for Irish agriculture.

Dairy Industry.

Dan Neville

Question:

25 Mr. Neville asked the Minister for Agriculture and Food the steps she intends to take to protect Ireland’s dairy industry; and if she will make a statement on the matter. [37690/05]

Dan Neville

Question:

74 Mr. Neville asked the Minister for Agriculture and Food the discussions she has had at EU level to protect dairy supports; and if she will make a statement on the matter. [37691/05]

I propose to take Questions Nos. 25 and 74 together.

The Irish dairy industry continues to contribute very substantially to the national economy, with an output value of some €2.3 billion and exports of €1.86 billion last year. This year exports are again performing very well despite adjustments to market management supports brought about by the implementation of the Luxembourg Agreement on the reform of the CAP.

The Commission market management policy has been too aggressive at times and I have frequently challenged the Commission and have raised the matter at the Council of Ministers. In enlisting the support of many other member states for my point of view, I believe the Commission policy has moderated in recent times, now having closer regard to the market implications of its actions rather than its previous emphasis on budgetary policy.

While acknowledging that some adjustment in market management measures is warranted if the Luxembourg Agreement is to be implemented in full, my concern has been to ensure that the transition is implemented in a more measured way. Sustained downward pressure on market supports would effectively reduce our international competitiveness and put pressure on our ability to fully exploit opportunities to export milk products to international markets. A longer period in which to make the necessary adjustment will instead provide a more solid platform on which to build new market opportunities while consolidating our position in existing markets.

The stability prevailing in producer prices over recent times is welcome and the direct payment, amounting to €120 million this year, rising to €180 million next year, as compensation for the reduction in institutional support prices should result in a higher return for dairy farmers this year. In the meantime I will continue to exert every possible pressure on the EU Commission to ensure that in its management of the EU dairy regime we achieve a satisfactory outcome for the Irish dairy industry in terms of enhanced industry competitiveness and stable farm incomes into the future.

Question No. 26 answered with QuestionNo. 24.

Afforestation Programme.

Peter Power

Question:

27 Mr. P. Power asked the Minister for Agriculture and Food the prospects for forestry plantings in 2006. [38296/05]

The forest service of my Department has issued approvals for some 40,000 hectares of new forestry over the last two years. The vast majority of these approvals have issued to farmers and, to date, many have chosen not to act upon them. At this point in time, therefore, I have no firm information on which to base a projection of planting levels for next year but it would be reasonable to assume that the level would be at least that of recent years, that is, 10,000 to 11,000 hectares. Clearly, given the number of approvals which my Department has processed, it could be higher and I hope it will be.

The year 2006 is the last year of the current rural development programme, which provides the most attractive financial package ever for new forestry, including 100% grant aid for planting and substantial annual tax-free premiums, which runs for 20 years in the case of farmers. I would also remind farmers that under the single payment scheme up to 50% of land can be planted, and forestry premium payments can be made, without affecting the single payment entitlement. This makes forestry a real proposition for farmers who have not already planted. I would also point out that those who plant in 2006, under the very attractive terms of the current scheme, will continue to benefit from those terms even after the new EU rural development regulation comes into force in 2007. In the circumstance, there is a compelling case for farmers, in particular, to plant now.

Sugar Beet Industry.

Simon Coveney

Question:

28 Mr. Coveney asked the Minister for Agriculture and Food the position regarding the ownership of the Irish sugar quota; and if she will make a statement on the matter. [37728/05]

Under the EU sugar regime, each member state has a quota for manufactured sugar. There is no quota for sugar beet. The EU regulations stipulate that the quota must be made available to the sugar manufacturing enterprises in the member state. Accordingly, in Ireland the entire sugar quota is processed by Irish Sugar Ltd., which is the only sugar manufacturer in this country. Irish Sugar Ltd. places annual contracts with farmers to grow sugar beet sufficient to manufacture the sugar quota.

Ownership of the sugar quota had never been an issue in the past because the relevant EU regulations do not provide for the buying and selling of quota. Speculations about quota ownership only arose when the Commission, in July 2004, raised the possibility of cross-border quota mobility in the context of its initial thinking on reform of the EU sugar regime. Several member states, including Ireland, voiced strong opposition to the idea of cross-border mobility and it did not form part of the Commission's legislative reform proposals. In any event, the EU Commission has confirmed that the quota is not an asset owned by the member state or any other party but is simply a mechanism for regulating the market.

Rural Environment Protection Scheme.

Martin Brady

Question:

29 Mr. M. Brady asked the Minister for Agriculture and Food her views on the outcome of the discussions with the EU Commission on retaining the higher level of REP scheme payment in commonage areas subject to destocking. [38308/05]

I am very satisfied with the outcome of the discussions with the European Commission. My main objective in proposing an updated costing basis for the REPS measure A payment was to ensure that farmers who had to destock could maximise their single payment entitlements while retaining the full payment of €242 per hectare of commonage in REPS. The success of the discussions will deliver a significant benefit to farmers, particularly those in the west of Ireland.

Question No. 30 answered with QuestionNo. 24.

Bovine Diseases.

John Carty

Question:

31 Mr. Carty asked the Minister for Agriculture and Food her views on the incidence of brucellosis in cattle herds to date in 2005 compared to 2003 and 2004. [38300/05]

The incidence of brucellosis has been falling progressively since 1998. For example, the number of laboratory positives has fallen from 6,417 in 1998 to 664 in 2004. The total number of animals slaughtered under the eradication programme fell from 29,778 to 6,195 during the same period.

There has been a further improvement in the situation in 2005 compared with 2003 and 2004. In the period to the end of October, the number of blood positives in 2005 was 215 compared with 616 in 2004 and 821 in 2003. The number of animals slaughtered fell from 12,413 and 6,095 respectively during the same period in 2003 and 2004 to 1,750 in 2005.

The substantial improvement in the disease situation is due to a number of factors, including continued co-operation from all parties with the eradication regime, the tightening up of illegal cattle movements through the cattle movement monitoring system, the regulation of dealers, prosecutions for breaches and the imposition of penalties for failures to comply with animal disease and identification regulations.

I am confident that this progress can be maintained into the future with the continued operation of the existing measures and the ongoing co-operation of farmers and all involved in the livestock industry. It is vital, however, that we continue to recognise that brucellosis is a highly contagious disease and that we do not relax or relent in our efforts to eradicate it from our national herd. In view of this, we need to continue in the medium term with the existing comprehensive control and eradication measures, which have brought about positive results in recent years in terms of reduced incidence of the disease.

Alternative Farm Enterprises.

Pádraic McCormack

Question:

32 Mr. McCormack asked the Minister for Agriculture and Food her plans to develop the biofuel industry in the context of the EU sugar reforms; and if she will make a statement on the matter. [37735/05]

David Stanton

Question:

94 Mr. Stanton asked the Minister for Agriculture and Food if she intends to increase funding and supports to promote and develop the biofuels sector in view of its importance as an alternative for the beet industry; and if she will make a statement on the matter. [38444/05]

I propose to take Questions Nos. 32 and 94 together.

Responsibility for energy policy, including the promotion of the biofuels sector, rests primarily with my colleague, the Minister for Communications, Marine and Natural Resources.

It will be a matter for beet growers and Irish Sugar Ltd. to make decisions about sugar beet growing in Ireland in light of the reformed sugar regime, on which political agreement was reached at the Council of Agriculture Ministers' meeting on 24 November 2005. The reform agreement will come into effect from 1 July 2006 and provides a range of options.

The production of ethanol from sugar beet is a possible alternative outlet for farmers but, as matters stand, Irish Sugar Ltd. has arrangements in place to process the full Irish sugar quota at its Mallow plant, which has been upgraded for that purpose. The question of establishing a bioethanol plant based on sugar beet would be a matter for commercial decision.

In future, under the decoupled system of support payments, farmers will only grow crops which provide an economic return. The announcement in yesterday's budget of the excise duty relief scheme to cover, when the relief is fully operational, some 163 million litres of biofuels per year should stimulate the production of crops for the manufacture of liquid biofuels. This is a very welcome development.

To encourage the growing of sugar beet as an energy crop, the EU Commission intends, during 2006, to amend the relevant regulations to allow sugar beet to qualify for set-aside payments, when cultivated as a non-food crop, and also to be made eligible for the energy crop aid of €45 per hectare. The sugar reform agreement also permits the partial dismantlement of a sugar factory and the continued use of the production site for the production of non-food products such as bioethanol. In these circumstances, the final agreement provided that 75% of the restructuring aid be payable. This represented an increase on what the Commission originally proposed.

I am anxious to encourage further research to assist the development of the biofuels industry. Teagasc has already done some valuable work in this area and I also arranged for research projects on biofuels and other non-food uses of crops to be included in the latest call under my Department's research stimulus programme. Details of the successful projects will be announced shortly.

Proposed Legislation.

John Deasy

Question:

33 Mr. Deasy asked the Minister for Agriculture and Food when she intends to publish the animal health Bill; and if she will make a statement on the matter. [37703/05]

Work on drafting the animal health Bill is proceeding in my Department. There is still a significant body of preparatory work to be completed and it is not possible at this stage to indicate a date for publication.

Genetically Modified Organisms.

Dan Boyle

Question:

34 Mr. Boyle asked the Minister for Agriculture and Food the report she received from the committee she set up in 2004 to look into co-existence issues relating to genetically modified crops growing alongside non-genetically modified crops; and if she will make a statement on the matter. [38447/05]

In August 2003 an interdepartmental group, which comprised of representatives of the Department of Agriculture and Food, the Department of the Environment, Heritage and Local Government, Teagasc and the EPA, was established to examine issues relating to coexistence and draw up recommendations for coexistence arrangements in Ireland.

I have recently received and examined the group's reports and recommendations. The report takes on board the full range of factors surrounding the GM issue: the principles laid down in the Commission guidelines on GM co-existence; Government policy on GMOs; scientific issues; new developments in GM technology; the Irish crop production system and farm infrastructure; and liability. While the group engaged extensively with identified stakeholders I have decided, in order to allow all concerned put forward their views on the proposed arrangements for coexistence, to place the report on my Department's website and invite further observations on the recommendations in the report. I will take all such observations into account before putting in place coexistence arrangements here in Ireland as is required under EU legislation.

Food Industry.

Jim O'Keeffe

Question:

35 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the steps she is taking to reduce red tape within the food sector; and if she will make a statement on the matter. [37734/05]

Gay Mitchell

Question:

73 Mr. G. Mitchell asked the Minister for Agriculture and Food the steps she is taking to reduce red tape within the food sector; and if she will make a statement on the matter. [37731/05]

I propose to take Questions Nos. 35 and 73 together.

The regulation of food safety will be simplified under the new food hygiene legislation which comes into effect from 1 January 2006. This legislation consolidates and updates 17 EU regulations and directives which will be repealed next January.

Food safety is non-negotiable and our experience is that consumer confidence is essential for the development of the food industry. It requires in the first place best practice from all in the food chain and appropriate responsibility being accepted by producers and processors themselves. In addition, there must be objective, independent, and transparent systems for ensuring maintenance of high standards and prompt and pro-active measures taken where risks emerge.

The enforcement of legislation within the food sector is centralised in the Food Safety Authority of Ireland, FSAI, which comes under the aegis of the Department of Health and Children. These controls are carried out by way of service contract with a number of Departments and agencies as provided for under section 48 of the Food Safety Authority of Ireland Act 1998. These include my Department, the Department of Communications, Marine and Natural Resources, the Office of the Director of Consumer Affairs, the 33 local authorities and the Health Service Executive.

My Department is responsible for certain food products and is committed to giving a quality service that is efficient, effective, courteous and user-friendly to all its customers and clients. There is an action plan which establishes standards and guidelines for the delivery of services, dealings with its customers and clients, including service delivery targets from the entire range of Department activities. The plan also invites feedback, from individual customers and staff alike, on our services so as to ensure that they meet the changing needs of our customers.

In this regard my Department endeavours to ensure that any regulatory requirements are implemented in a fair and even manner, while also bearing in mind the need for appropriate controls in certain circumstances. My Department would be happy to examine any suggestions to eliminate unnecessary red tape if instances are brought to my attention.

International Trade.

Eamon Gilmore

Question:

36 Mr. Gilmore asked the Minister for Agriculture and Food the position regarding developments between Ireland and China in relation to trade in agricultural products; and if she will make a statement on the matter. [38377/05]

Food has been identified by the Government as one of the most promising in regard to developing co-operation with the People's Republic of China. The market potential there is huge and it has to be said that we are at the very early stages of establishing a foothold in that country. I participated in a major trade delegation to China, which was led by an Taoiseach in January of this year, in which food promotion featured strongly.

The People's Republic of China features prominently in Bord Bia's programme of activities and several promotional visits have been undertaken there this year, including hosting two major food conferences during the Taoiseach's visit, in both Shanghai and Beijing.

Irish food exports to the People's Republic of China have grown from €7 million in 2000 to an estimated €20 million in 2004. Of the €20 million, almost €10 million is accounted for by dairy products, up from nearly €8 million in 2003. A major Irish food operator announced in January of this year details of a €20 million investment programme in that country to meet the growing requirements for food ingredients and flavours for its booming economy and fast growing dynamic consumer market requirements.

I signed the pork protocol in Beijing in January this year. This established the basic framework for exporting Irish pork to the People's Republic of China and was evidence that the authorities there are happy with our veterinary standards and food safety control systems. Since then, there have been exchanges of correspondence with the authorities in Beijing which resulted in agreement on the text of the veterinary certificate that will accompany consignments.

Detailed questionnaires required by the veterinary authorities in Beijing have been completed by prospective exporters and these were forwarded in August. The response of the authorities is awaited but they have indicated that it will be some time before they have completed their full examination of the documentation. I understand that other countries are also experiencing delays of this nature. My Department will continue to press for progress to enable the direct trade in pork to the People's Republic of China to commence as soon as possible.

Question No. 37 answered with QuestionNo. 24.

Genetically Modified Organisms.

Liz McManus

Question:

38 Ms McManus asked the Minister for Agriculture and Food the initiatives she has introduced to inform farmers here of the implications of genetically modified organisms; when she plans to publish the findings of the co-existence committee; and if she will make a statement on the matter. [38375/05]

I have recently received the report and recommendations from the interdepartmental working group established to draw up recommendations on national strategies and best practice for the coexistence of GM crops alongside non-GM crops. This report is now being placed on my Department's website and I am inviting observations on the recommendations in the report from all interested parties. These observations will be taken into account before I proceed with the introduction of coexistence measures which I am obliged to do under EU law. The report outlines the evolution of GM technology over the last decade or so and addresses the main issues surrounding the cultivation of GM crops. These issues include the principles laid down in the Commission guidelines on GM co-existence; Government policy on GMOs; scientific factors; new developments in GM technology; the Irish crop production system, farm infrastructure liability where adventitious mixing of GM and non-GM crops might occur. I believe the report will serve as a comprehensive and valuable source of information on GM crop production and it should assist farmers and their advisers and consultants to make informed decisions on GM crop cultivation.

Grant Payments.

Paul Connaughton

Question:

39 Mr. Connaughton asked the Minister for Agriculture and Food if she has agreed the rules covering the allocation of the national reserve with the farming organisations; and if she will make a statement on the matter. [37699/05]

The position is that, over the past year, meetings of the single payment advisory committee, comprising representatives of my Department, the farming organisations and Teagasc, were held on a number of occasions to discuss the rules governing the allocation of entitlements from the national reserve. At more recent meetings, the committee assessed progress on processing the national reserve applications and discussed, in particular, what should constitute the "regional average value of entitlements". Under the regulations governing the national reserve, allocations to farmers who are successful under certain categories must not have the effect of increasing their entitlements above the regional average value of entitlements. My officials subsequently sought clarification on certain issues from the European Commission and I will shortly be taking final decisions on the matter. The intention is that allocations will be made to successful applicants early in the new year.

Sugar Beet Industry.

Ciarán Cuffe

Question:

40 Mr. Cuffe asked the Minister for Agriculture and Food the reason she intends to compensate Greencore for the decline in the sugar beet industry here, at the expense of farmers whose livelihoods depended on same; and if she will make a statement on the matter. [38450/05]

Pat Breen

Question:

52 Mr. P. Breen asked the Minister for Agriculture and Food the plans to ensure that farmers get a fair deal from the EU sugar reforms; and if she will make a statement on the matter. [37723/05]

Gerard Murphy

Question:

54 Mr. G. Murphy asked the Minister for Agriculture and Food her plans for the sugar industry; and if she will make a statement on the matter. [37716/05]

Paul Kehoe

Question:

81 Mr. Kehoe asked the Minister for Agriculture and Food her position regarding the implementation of the EU sugar reforms; and if she will make a statement on the matter. [37707/05]

Olivia Mitchell

Question:

83 Ms O. Mitchell asked the Minister for Agriculture and Food the steps she is taking to ensure farmers are not at a financial loss as a result of the EU sugar reforms; and if she will make a statement on the matter. [37730/05]

Thomas P. Broughan

Question:

102 Mr. Broughan asked the Minister for Agriculture and Food the progress which has been made on behalf of beet farmers here and beet industry workers in accessing an acceptable percentage of the funding allocated to Greencore; the discussions she has had with Greencore on this issue; and if she will make a statement on the matter. [38373/05]

Phil Hogan

Question:

106 Mr. Hogan asked the Minister for Agriculture and Food her plans for the implementation of the EU sugar reforms; and if she will make a statement on the matter. [37704/05]

I propose to take Questions Nos. 40, 52, 54, 81, 83, 102 and 106 together.

The recent political agreement by the Council of Agriculture Ministers in relation to reform of the EU sugar regime was the culmination of a protracted and difficult negotiating process. The outcome, in my view, represents the best possible deal that could have been achieved for Irish stakeholders in the circumstances and is a considerable improvement on the Commission's initial proposals of last June. The main features of the agreement are: a lower reduction in the support price of sugar than originally proposed — 36% instead of 39%; a phasing-in of the corresponding reduction in the minimum sugar beet price over four years instead of the two-step reduction originally proposed; an increased rate of compensation for beet growers of up to 64% of the price reduction, to be paid in the form of direct payments worth approximately €121 million to Irish beet growers over the next seven years; a once-off payment worth almost €44 million exclusively for beet growers in the event that sugar beet production ceases in Ireland; and an aid package of up to €145 million for economic, social and environmental costs of restructuring of the Irish sugar industry involving factory closure and renunciation of quota. The entire compensation package for Ireland has an estimated value in excess of €300 million.

It will be a matter for beet growers and Irish Sugar Limited to make decisions about sugar beet growing in light of the reformed sugar regime. In the event that sugar production ceases in Ireland, a once-off payment of almost €44 million would be available for growers. Also the restructuring fund of up to €145 million would become available to provide compensation for the economic, social and environmental costs arising from factory closure. The agreement provides that at least 10% of the fund shall be reserved for sugar beet growers and machinery contractors to compensate notably for losses arising from investment in specialised machinery. This amount may be increased by member states after consultation of interested parties as long as the financial breakdown of the elements of the restructuring plan is kept balanced according to a sound economic proposal.

The formal legal texts giving effect to the agreement will be adopted by the Council of Ministers early next year after the opinion of the European Parliament has been received. The Commission will then come forward with proposals for detailed implementing rules. Pending the adoption of the relevant regulations it is not possible to give further definitive information but, as with the earlier phases of CAP reform, my Department will make timely arrangements for implementing the new regime in due course. The new regime will come into effect for the 2006-07 marketing year, beginning on 1 July 2006.

Potato Sector.

Jim Glennon

Question:

41 Mr. Glennon asked the Minister for Agriculture and Food her views on the assistance available to the seed potato sector; and her plans for the sector. [38304/05]

In August this year I announced a grant aid programme for the development of the seed potato sector. The programme which comes under the national development plan funds capital investment projects for specialised seed production in 2005-06. A grant package of 35% applies under the scheme. To date, 18 applications have been received under the scheme and 12 approvals have been issued amounting to €500,000. Further approvals will be issued in 2006.

The main objective of the scheme is to improve the marketing infrastructure of the seed potato sector by providing grant assistance to producers towards the capital costs of equipment and facilities for the production, storage and marketing of seed potatoes. My overall aim is to bring more commercial focus to the seed potato sector and exploit many of the advantages we have, particularly our high plant health status.

EU Directives.

Olwyn Enright

Question:

42 Ms Enright asked the Minister for Agriculture and Food the status of the nitrates action plan; and if she will make a statement on the matter. [37695/05]

Dinny McGinley

Question:

50 Mr. McGinley asked the Minister for Agriculture and Food the status of the application for a derogation to the nitrates directive; and if she will make a statement on the matter. [37694/05]

Gerard Murphy

Question:

56 Mr. G. Murphy asked the Minister for Agriculture and Food the status of the nitrates directive; and if she will make a statement on the matter. [37717/05]

Enda Kenny

Question:

67 Mr. Kenny asked the Minister for Agriculture and Food her plans to address concerns raised by pig and poultry producers regarding the nitrates directive; and if she will make a statement on the matter. [37733/05]

Richard Bruton

Question:

68 Mr. Bruton asked the Minister for Agriculture and Food her plans to address concerns regarding the implementation of the nitrates directive; and if she will make a statement on the matter. [37727/05]

Liam Twomey

Question:

76 Dr. Twomey asked the Minister for Agriculture and Food the status of Ireland’s application for a derogation under the nitrates directive; and if she will make a statement on the matter. [37719/05]

Shane McEntee

Question:

96 Mr. McEntee asked the Minister for Agriculture and Food the steps she is taking to ensure that the nitrates action plan is implemented in a sensible manner; and if she will make a statement on the matter. [37714/05]

I propose to take Questions Nos. 42, 50, 56, 67, 68, 76 and 96 together.

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland's national action programme was formally submitted to the European Commission in July and regulations giving legal effect to it are being finalised following a consultation process.

Ireland is also proceeding with the case for a derogation designed to allow certain farmers to operate, under appropriate conditions and controls, up to a level of 250 kgs of organic nitrogen per hectare per annum. The derogation proposes to cater for grassland farms. Discussions with the Commission on the derogation are already under way.

While the implementation of the action programme will certainly have implications for farmers, I have taken important measures to alleviate the impact on the sector. I have announced proposals for a revised farm waste management scheme for which EU approval is now being sought. The improved scheme will increase the grant rate for both animal housing and slurry storage from the current rate of 40% to 60%, with 70% being available in some counties.

Other elements of the scheme will include significantly higher investment ceilings, the extension of the scheme to sectors such as pigs and poultry and the removal of any minimum income requirement from farming from the scheme. I hope early approval of the scheme will be forthcoming from the European Commission so that it can be introduced quickly. I also intend to introduce a scheme to support the demonstration of new technologies to help the agriculture sector meet the requirements of the nitrates directive.

Some concerns have been expressed about the impact of the nitrates directive on the pig and poultry sectors, where many of the larger producers do not have enough land of their own to use the manure that they produce. I am acutely conscious of the need for pig farmers to continue to have adequate spreadlands for pig slurry. I have therefore asked Teagasc to undertake a very active promotion campaign to demonstrate the nutrient value of slurry and the savings that farmers can achieve by substituting it for chemical fertiliser, and I will be urging REPS planners to encourage their clients to use pig manure on their farms. I will also be seeking to ensure that the necessary record-keeping and inspection regimes are kept to what is strictly necessary.

Avian Influenza.

Bernard Allen

Question:

43 Mr. Allen asked the Minister for Agriculture and Food the steps that she is taking to prevent an outbreak of avian ’flu here; and if she will make a statement on the matter. [37708/05]

My Department has introduced a series of measures aimed at preventing the introduction of avian influenza to Ireland and, along with our colleagues in the European Union, are implementing safeguard measures in respect of those countries where the presence of the H5N1 virus has been confirmed. Specifically, a ban has been placed on the importation of all captive birds from outside the European Union and a ban on poultry and most poultry products has also been imposed on those countries in which the virus has been confirmed.

Because of the role played by migratory wild birds in introducing the disease, there are obvious limitations on the measures which can be taken to ensure that Ireland is not affected by avian 'flu. Therefore, my Department has focused much of its efforts in ensuring that any introduction of the disease is identified quickly and eradicated without delay and, in this regard, has an "early warning system" in place and is currently undertaking the annual EU avian influenza survey, which is an essential part of our defence mechanism.

My Department has also ensured that all EU Commission decisions aimed at preventing the introduction and spread of the disease are fully applied in Irish law through a series of statutory instruments. These include a ban on the gathering of poultry for shows, markets, exhibitions and cultural events. My Department has also made it a legal requirement for all owners of poultry and other birds to register their details with my Department. The register of premises will play a vital role in identifying the location of poultry flocks in the event of a suspected or confirmed outbreak and is another vital component of the Department's approach to ensuring the speedy eradication of the virus.

I am fully satisfied that the measures taken to date are proportionate to the current risk. My Department continues to keep the situation under constant review and we will not hesitate to implement such additional measures as are considered appropriate to any increased risk.

Grant Payments.

Jimmy Deenihan

Question:

44 Mr. Deenihan asked the Minister for Agriculture and Food the discussions she has had with the EU Commission to index link the single farm payment; and if she will make a statement on the matter. [37720/05]

The agreement on the mid-term review of Agenda 2000 provided a financial envelope to each member state. This envelope represented the average value of livestock and arable aid premia paid in the member state during the three-year reference period 2000-2002 calculated at 2002 rates of payment together with the 2005 decoupled dairy premium. The outcome, which will reshape the Common Agricultural Policy and secure its future in making it more relevant to modern society, was a balanced one, which addressed Ireland's principal objectives. Among these objectives was the preservation of the financial benefits achieved under the Agenda 2000 agreement and the establishment of a policy framework that will allow farmers and the agri-sector the flexibility to adapt to evolving consumer and market demands and international circumstances.

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

Animal Health Strategy.

Olwyn Enright

Question:

45 Ms Enright asked the Minister for Agriculture and Food the steps she intends to take to develop an all-Ireland animal health regime; and if she will make a statement on the matter. [37693/05]

Seymour Crawford

Question:

75 Mr. Crawford asked the Minister for Agriculture and Food the progress which has been made in discussions with Northern Ireland authorities towards an all-island approach for animal disease; and if she will make a statement on the matter. [38258/05]

I propose to take Questions Nos. 45 and 75 together.

There is already a long history of co-operation between the administrations North and South on animal health issues. The administrations have traditionally shared information at local and national levels on disease control and surveillance issues and have worked together to combat illegal movements of animals and animal products. The foot and mouth emergency of 2001 is a testament to the extent of co-operation and consultation that exists at official, ministerial and political levels. Likewise, both administrations are co-operating on measures relating to avian influenza.

The establishment of the North-South Ministerial Council offered an opportunity to build on existing co-operation arrangements and provided a framework for the development of an all-island animal health policy. The main objectives of the council are to foster co-operation and to devise a common, unified animal health strategy for the island as a whole. This involves the convergence of animal health policies and the development of joint strategies for dealing with animal diseases. The ultimate objectives are to establish a common import regime and equivalent internal arrangements with a view to achieving free movement of animals and animal products within the island.

Nine policy working groups have been established at official level under North-South arrangements to take forward various initiatives. The remit of these groups includes TB and brucellosis, TSEs, BSE and scrapie, veterinary medicines, other zoonoses and animal diseases, disease surveillance, animal welfare, import and export of live animals and animal products, animal identification, traceability and cross-Border aspects of fraud. These groups continue to report progress in exchange of information and in implementation of initiatives aimed at policy convergence and the development of a common unified strategy for the island as a whole.

The main achievements to date are the development of a co-ordinated and complementary approach towards import policies and portal controls at points of entry to the island, the development of similar approaches to combat the introduction of animal diseases, the convergence of policies in regard to animal identification and strengthening of co-ordination and co-operation on issues such as contingency planning.

In addition to the above, there has been a significant deepening and strengthening of co-operation, information exchange and ongoing co-ordination between the two administrations on a variety of issues such as FMD, BSE, avian influenza and cross-Border fraud while the farm animal welfare advisory council includes representation from DARD. On cross-Border fraud, the two administrations have worked together successfully in a number of joint enforcement actions and ongoing exchanges of expertise and information are taking place.

Rural Environment Protection Scheme.

Jimmy Devins

Question:

46 Dr. Devins asked the Minister for Agriculture and Food her views on the prospects of REP scheme three in 2006. [38306/05]

REPS 3 has been a major success and participation has broken previous records. Spending on REPS has increased from €208 million in 2004 to more than €270 million by the end of this year, and provision has been made in the 2006 Estimates for a further increase to €323 million next year. The increased allocation for 2006 reflects the fact that I expect that there will be further significant growth in 2006.

Food Industry.

John Carty

Question:

47 Mr. Carty asked the Minister for Agriculture and Food her views on the initiative to promote local and regional food economies. [38301/05]

I believe that the food industry must be developed at all levels in the new more market oriented CAP framework. In this context, a new initiative involving the holding of regional food fora to promote local and regional food economies was launched recently. The first regional food forum organised by my Department and Bord Bia with all other State agencies responsible for food industry development was held in Donegal recently.

The north west forum, Market Focus for Small Food Enterprises, focused on some of the issues confronting small food producers and key speakers shared experiences on regional food marketing and development with food enterprises from counties Donegal, Sligo and Leitrim.

State agencies and service providers were in attendance to offer advice and assistance to producers or enterprises interested in building small food businesses and a variety of food products from the north west was showcased, emphasising the importance of the food industry to the region's economy. I also launched the North West Food and Drink Trade Directory, a comprehensive guide to small food business in the north west, as well as agencies at national and regional level. Access to timely and up-to-date industry information is important for small businesses and the guide is a valuable reference source for the food industry in the region.

This initiative aims to stimulate and expand interest in regional and local food production and to encourage the formation and growth of more small rural-based food enterprises on a regional basis. The speciality and artisan food sectors have developed a new momentum and research indicates that further opportunities exist for the right products. There is considerable scope to develop new opportunities in Ireland and the United Kingdom, where the market is forecast to reach €7.5 billion over the next three years.

It is my intention to use this forum model in other areas of the country to ensure a continued focus on the potential for local food production. I believe that by working closely with farmers, small food producers and local agencies we can successfully promote food enterprise and innovation to develop unique products reflecting the strengths of each region.

Question No. 48 answered with QuestionNo. 24.

Organic Farming.

Seán Ryan

Question:

49 Mr. S. Ryan asked the Minister for Agriculture and Food the level of investment in organic farming here by comparison with conventional farming; the level of support provided by her Department for organic versus conventional farming; and if she will make a statement on the matter. [38387/05]

My Department directs a substantial amount of funding into the organic sector in proportion to its size. Organic farmers, while entitled to the investments and supports available to conventional farmers, can also avail of additional supports under the rural environment protection scheme, REPS, and the scheme of grant aid for the development of the organic sector.

Organic farmers in REPS can draw down a substantial extra payment. In 2004, my Department paid almost €4 million directly to organic farmers and that has risen to €5.3 million this year to date. The total paid to organic farmers since REPS began amounts to over €31 million. I provided €1.2 million this year for the scheme of grant aid for the development of the organic sector, to support investment both on-farm and off-farm, and I intend to ensure that grant aid will continue to be available to support modernisation and innovation in this important sector.

Question No. 50 answered with QuestionNo. 42.

Food Industry.

Richard Bruton

Question:

51 Mr. Bruton asked the Minister for Agriculture and Food the number of meetings of the Food Agency Co-Operation Council in 2004 and to date in 2005; and if she will make a statement on the matter. [37726/05]

The Food Agency Co-operation Council has met on 20 occasions since its inception in 2000. During 2004 a number of factors contributed to difficulties in scheduling meetings and priority was given instead in 2004 and 2005 to meetings of the food development agencies directly concerned with the food programme components of the National Development Plan 2000-2006. Two such meetings took place in 2004 and one in 2005 to assess progress on the plan in preparation for meetings of the NDP monitoring committees.

My Department is examining the role and format of the food agency co-operation council, and the manner in which the various food agencies can most effectively co-operate to develop the agri-food industry, in the light of the more market orientated CAP framework, the 2015 Agri-Vision report and the enterprise strategy report. A number of initiatives are planned at regional level, which will see the various agencies engage and co-operate with my Department to develop the food industry. The first of these initiatives, the north west food forum — Market Focus for Small Food Enterprises — took place in Killybegs on 4 November. At the forum, significant time was allocated for the agencies to network with the industry's stakeholders and to showcase the services available to assist food company development in the region. Similar events focused in other regions as well as other initiatives involving inter-agency co-operation to promote the development of the food industry at all levels will be rolled out during 2006.

Question No. 52 answered with QuestionNo. 40.

Animal Welfare.

Michael D. Higgins

Question:

53 Mr. M. Higgins asked the Minister for Agriculture and Food the further action she intends to take to ensure that appropriate conditions of animal welfare apply to all farm animals; and if she will make a statement on the matter. [38383/05]

Primary responsibility for the welfare of animals rests with the owner or keeper of the animals. The owners-keepers are obliged to take all reasonable steps to ensure the welfare of animals under their care and to ensure that such animals are not caused any unnecessary pain, suffering or injury. To the extent that it can my Department seeks to ensure that optimum animal welfare standards apply on farms.

The welfare of animals kept for farming purposes in general is covered by the European Communities (Protection of Animals Kept for Farming Purposes) Regulations 2000 and the Protection of Animals Kept for Farming Purposes Act 1984. In addition, the welfare of calves and pigs is subject to the European Communities (Welfare of Calves and Pigs) Regulations 2003, SI 48 of 2003, which set out minimum requirements for accommodation in relation to space, lighting, ventilation, veterinary treatment etc. and to allow animals to express natural behaviour. Laying hens are subject to the provisions of the European Communities (Welfare of Laying Hens) Regulations 2002, SI 98 of 2002, which specify the accommodation and other welfare requirements for keeping and rearing laying hens. Earlier this year the EU Commission made proposals for a council directive to further protect the welfare of broilers. That draft directive is at present under discussion at EU level and my Department is participating in those discussions.

Current legislation also provides for the protection of the welfare of animals being transported. Inspections on the welfare of animals being transported are undertaken by officials from my Department on a national spot-check basis at meat factories, marts and ports and any follow-up action necessary is undertaken. The outcome of these inspections is reported to the European Commission. Complaints received by my Department about on-farm welfare of animals are investigated thoroughly under the above-mentioned regulations and appropriate action is taken.

The Farm Animal Welfare Advisory Council, FAWAC, which was established in 2002, has brought together for the first time in Ireland representatives of the principal stakeholders, welfare organisations, farming bodies, Departments North and South, and veterinary representative bodies in an advisory body. FAWAC has already published animal welfare guidelines for beef, dairy and sheep farmers and for owners-keepers of horses, ponies and donkeys. Guidelines on the welfare of broiler chickens are currently being drafted.

One of the initiatives which has recently been taken under the umbrella of FAWAC is an early warning-intervention system for animal welfare cases which involves my Department, the Irish Farmers' Association and the Irish Society for the Prevention of Cruelty of Animals. The objective of this system is to provide a framework at local level within which problems can be identified and addressed before they become critical or overwhelming.

I believe that the current body of legislation in this area provides the necessary powers to ensure a high level of animal welfare and to prevent ill treatment of animals. I will continue to keep this area under review.

Question No. 54 answered with QuestionNo. 40.

Fergus O'Dowd

Question:

55 Mr. O’Dowd asked the Minister for Agriculture and Food, further to Question No. 124 of 4 October 2005, the steps she intends to take on the issue; and if she will make a statement on the matter. [37737/05]

I have outlined in detail to the House on a number of occasions the circumstances surrounding this unusual case. I wish to restate the key aspects. First, the actions by my Department at the time were designed to protect public health by ensuring that animals treated with a prohibited substance did not enter the food chain. Second, my Department obviously wanted to see the animals disposed of in a humane manner and offered to permit the animals to be brought to a slaughter plant. However, the person in charge of the animals chose the manner by which the animals were to be slaughtered and my Department endeavoured to ensure that he did this in a way that the welfare of the animals was not compromised. In view of the fact that the matter is sub judice, I do not propose to comment any further on the case at this stage.

Question No. 56 answered with QuestionNo. 42.

EU Directives.

Pat Breen

Question:

57 Mr. P. Breen asked the Minister for Agriculture and Food the discussions she has had with the EU Commission regarding a derogations under the nitrates directive; and if she will make a statement on the matter. [37724/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland's national action programme was formally submitted to the European Commission in July. Regulations giving legal effect to the programme are being finalised following a consultation process. Ireland is also proceeding with the case for a derogation designed to allow certain farmers to operate, under appropriate conditions and controls, up to a level of 250 kg of organic nitrogen per hectare per annum.

My Department and Teagasc have worked closely with the Department of the Environment, Heritage and Local Government in developing the action programme, the regulations and the proposal for a derogation. Discussions on the derogation are now under way. My Department is taking the lead in this matter and, with the support of Teagasc, will continue to work with the Department of the Environment, Heritage and Local Government toward achieving a successful outcome.

Consultancy Contracts.

Breeda Moynihan-Cronin

Question:

58 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food the number of consultants and special advisers, who have been employed by her Department in 2003, 2004 and to date in 2005; the cost of same in each year; and if she will make a statement on the matter. [38389/05]

The information requested by the Deputy is outlined below.

Consultants.

Year

Number

Annual Cost

2003

17

809,604.14

2004

19

515,056.28

2005

10

96,165.00

Special Advisers.

(a) Ministerial Adviser.

Year

Number

Annual Total Cost

10 July 2002-18 October 2004

1

42,005 (2002)97,684 (2003)89,461 (2004)

29 October 2004 to date.

1

12,392 (2004)82,821 (2005)

(b) Press Adviser.

30 September 2004-17 February2005

1

25,364 (2004)13,896 (2005)

Question No. 59 answered with QuestionNo. 24.

Live Exports.

Jimmy Devins

Question:

60 Dr. Devins asked the Minister for Agriculture and Food her views on the level of live exports of cattle to date in 2005 compared to the same period in 2004. [38307/05]

Live exports continue to be an important outlet for our cattle providing an essential element of competition with the beef trade. Live exports to date in 2005 stand at approximately 170,000 per head against 114,000 for the same period last year. This represents an increase of almost 50%. Live exports in 2004 were, however, sluggish and our exports this year are more in line with our traditional export levels of 2003. Of the exports to date in 2005, 94% went to EU destinations.

Research Funding.

Joe Costello

Question:

61 Mr. Costello asked the Minister for Agriculture and Food her plans for further investment in research and development in functional foods and neutroceuticals; and if she will make a statement on the matter. [38378/05]

The need for a focus on innovation and specifically on research and development as key drivers of creativity and growth within an economy is recognised at both EU and national level. At the Lisbon Summit in March 2000, EU leaders agreed that the European Union should aim to become the world's most competitive economy by 2010 and to raise spending on research and development to 3% of GDP by 2010.

The current level of research and development spend in Ireland is 1.13% of GDP and the Government is committed to increasing that in line with the Lisbon target. Within the National Development Plan 2000-2006, over €106 million of the €358 million envelope for the food sector is earmarked for research, technology and innovation. This is made up of €70 million for food research, with a "public good" element under FIRM, the food institutional research measure operated by my Department, as well as €30 million in research and development assistance by Enterprise Ireland working with Irish food companies and research institutes to exploit the benefits of technology innovation and to support companies undertaking research and development. The development of the functional foods industry in Ireland has been identified as a national priority. The sector is specifically mentioned in the strategy recommendations by the Agri 2010 and Agri-Vision 2015 committees and in the recently published report by the enterprise strategy group. Innovation in functional foods and nutritional research have been among the themes in calls for proposals issued under my Department's FIRM programme. The relay dissemination project, which is funded by FIRM, ensures that research approved and research outputs are made available to industry though a dedicated website, workshops, seminars and papers.

Enterprise Ireland is committed to the successful development and growth of the functional foods sector and, in the light of the significant challenge and opportunities, which it presents, has established a national functional foods forum. The forum consists of members from industry, the research and academic community, State bodies and some industry representatives as well as my own Department, which will help formulate and drive the strategy for the sector. Functional foods are based on bioactive cultures, or probiotics, and physiologically active ingredients, or nutraceuticals. Probiotics currently dominate research in this area in Ireland and there is little existing activity in the development of nutraceuticals. Teagasc, which partnered UCC in establishing the successful alimentary probiotic centre, has made a proposal for the establishment of a new department for nutraceutical research to fill a gap in public research and to create opportunities for innovative product development in industry that otherwise would not exist. The proposal is being considered by my Department.

I am committed to continuing support for research in the food sector and to the building of strong partnerships between industry, academia and Government with a deep understanding of consumer trends and demands here and abroad.

Genetically Modified Organisms.

Ciarán Cuffe

Question:

62 Mr. Cuffe asked the Minister for Agriculture and Food if her attention has been drawn to the fact that many of the clothes worn today are made from genetically modified cotton, that cheese is made using genetically modified rennet, and that other substances, such as riboflavin, are genetically modified. [38449/05]

I am aware that genetically modified cotton is grown extensively in many countries, particularly in the US, India and China, and is widely used in the clothing industry. I am also aware that the enzyme chymosin, extracted from a GM organism, has for many years been used in the manufacture of cheese and that many GM micro nutrients, such as riboflavin, are used in food and feed. Trade in all of these products on a worldwide basis has become commonplace. The rules governing the production and use of GMOs within the EU are set down in legislation that has been jointly adopted by the Council of Ministers and the European Parliament and is binding on all member states.

Legislation governing the control of GMOs in Ireland comes under three Departments and agencies under the aegis of some of those Departments. My Department has responsibility for approval of the cultivation of authorised GM crops and of GM animal feed. Legislation governing GM foods is a matter for the Minister for Health and Children and the Food Safety Authority of Ireland, while that of the deliberate release of genetically modified organisms into the environment comes within the remit of the Minister for the Environment, Heritage and Local Government and the Environmental Protection Agency.

Grant Payments.

Paul Connaughton

Question:

63 Mr. Connaughton asked the Minister for Agriculture and Food the steps she is taking to implement the Crosby report; and if she will make a statement on the matter. [37698/05]

I received approval from the EU Commission, under State aid, to make certain additional payments to flockowners who had their flocks depopulated as a result of scrapie from December 2001 to 15 April 2003. On 21 November 2005, notifications of these payments for year four, along with application forms, issued to the flockowners concerned. My Department will process applications received with a view to having payments made at an early date.

EU Directives.

Shane McEntee

Question:

64 Mr. McEntee asked the Minister for Agriculture and Food her plans to amend the nitrates action plan in view of the fact that it contradicts REP scheme rules; and if she will make a statement on the matter. [37715/05]

Damien English

Question:

87 Mr. English asked the Minister for Agriculture and Food her plans to amend the nitrates implementation plan; and if she will make a statement on the matter. [37701/05]

I propose to take Questions Nos. 64 and 87 together.

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland's national action programme was formally submitted to the European Commission in July, and regulations giving legal effect to the programme are being finalised following a consultation process. Where the requirements of REPS are superseded by the regulations, then the scheme requirements must be amended or updated as appropriate. The nitrates action programme and the regulations being finalised by the Minister for the Environment, Heritage and Local Government allow occupiers of holdings a period of time to put required facilities in place. This provision will apply equally to participants in REPS.

Milk Yield.

Thomas P. Broughan

Question:

65 Mr. Broughan asked the Minister for Agriculture and Food if her attention has been drawn to the fact that cows here produce the lowest yields in the EU; the reason Irish milk’s composition is the worst in the EU, except for the UK; the steps she will take to ameliorate this situation; and if she will make a statement on the matter. [38392/05]

The main reason Ireland's milk yield and composition varies from that of other EU countries is due to the different dairy production systems in operation. In Ireland, the majority of cow herds are spring calving and cows are fed on a grass based diet, which has proven to be the most cost efficient and profitable system under Irish conditions. In most other European countries, the majority of cows calve in the autumn and are fed a concentrate-based diet, resulting in a different composition and milk yield. Milk recording of cows has been identified as a crucial factor in helping farmers improve milk yields by making them aware of production abilities of individual breeds. I have made available the sum of €1 million to the Irish Cattle Breeding Federation to support electronic milk recording.

Animal Levies.

Trevor Sargent

Question:

66 Mr. Sargent asked the Minister for Agriculture and Food her views on requests by the ICSA (details supplied) that she instigate an industry-wide examination of charges and deductions applied at meat plants on slaughtered cattle; and if she will make a statement on the matter. [38445/05]

An Bord Bia is statutorily obliged under the Bord Bia Acts to charge a levy on cattle, sheep and pigs at slaughter and at export. The proceeds of the levies are used by An Bord Bia to fund promotional activities for the sector concerned. The rates of the statutory levies are €1.90, €0.25 and €0.25 on bovines, sheep and pigs respectively. These rates have not been increased since they were first introduced in the late 1970's. The state aid rules governing advertising require the sector benefiting from the activity to contribute at least 50% of the cost as the State may not fund such activities at a level above 50%. The rules also require that the levies on livestock at export and at slaughter, be applied systematically and in accordance with the same criteria. A reduction in the levy proceeds would require a proportionate reduction in Exchequer funding to comply with the 50% rule on State funding.

EU legislation provides for the recovery of the cost of providing the meat hygiene inspection service at export approved meat plants. My Department applies fees in this regard to all animals slaughtered, which represent only part of the cost of providing the inspection service. A standard fee per species is charged across all meat plants and the rates are fixed under Statutory Instrument 74 of 2004. The bovine levies, which are collected under the Bovine Disease (Levies) Act 1979, are intended to ensure that farmers share the cost of compensation paid under the TB and brucellosis eradication schemes. The Government reduced the levies by a third with effect from 1 January 2005. This decision, which followed a 25% reduction in 2004, reduced the levies to their pre-2003 levels. The levies now cover approximately 50% of the cost of compensation under the eradication schemes.

Questions Nos. 67 and 68 answered with Question No. 42.

Food Industry.

Willie Penrose

Question:

69 Mr. Penrose asked the Minister for Agriculture and Food her views on the significance of food miles; if the distance travelled by food between the primary producer and the consumer will be reduced; the steps she intends to take in order to reduce food products sold in Ireland’s food miles score; and if she will make a statement on the matter. [38388/05]

Under the rules governing the Single Market, it is not possible to restrict imports on grounds other than health and safety or to require retailers to source products from production within a certain radius. These rules apply equally in all member states and have worked to our advantage in that our food and drink exports account for €7 billion in exports, far outweighing product sourced elsewhere. Ireland exports as much as 90% of production for some sectors.

My priority as Minister for Agriculture and Food is to lead the sustainable development of a competitive consumer-focused agri-food sector and to contribute to a vibrant rural economy and society. The key to sustainable development of a competitive food sector, capable of providing nutritious good quality safe food on home and export markets, is traceability through the food chain back to point of production. All the control systems in place within my Department acting in co-operation with the Food Safety Authority of Ireland are designed to guarantee such traceability. There is renewed interest in local foodstuffs on the home market as evidenced by the growth in local markets and farmers markets around the country. An Bord Bia, as part of its statutory role in promoting the development of Ireland's food and drink industry is working with other State and local agencies to develop the farmers market as an alternative route to market. In co-operation with Invest Northern Ireland, they have published a comprehensive information guide on the operation of these markets. They also provide a range of support services for farmers markets including advice and mentoring assistance and have a dedicated person in the small business department to assist both producers and individuals. Bord Bia also offers marketing supports and indeed its financial supports are geared to smaller companies.

In the local context, I have made a point of encouraging interest in the organic sector and facilitating the organic sector in REPS together with encouraging investment in the horticulture sector. I launched the North West Food Forum, the first of a series of regional food forums to promote cohesion between the food industry, food producers and development agencies and to develop regional strengths in the food sector, which has a perhaps unique spatial presence country-wide. The theme for the first forum was a focus on the marketplace as awareness and a deep understanding of the consumer is essential to building close connections between the primary producer and the consumer.

Gardening Initiatives.

Brian O'Shea

Question:

70 Mr. O’Shea asked the Minister for Agriculture and Food if a campaign to promote community-led gardens and allotments will be initiated; and if she will make a statement on the matter. [38384/05]

Public interest in all aspects of gardening is widening all the time and the annual value of the Irish amenity and gardening market is estimated to be worth as much as €450 million. Any initiatives to encourage greater gardening activity and increased consumption of fruit and vegetables are welcome, on the basis of their contribution to good physical and mental health as well as on the economic level. However, the mission of my Department is to contribute to the development of a competitive commercial horticulture and potato sector and to the highest food safety and phytosanitary standards. The schemes administered by the Department ensure that seeds and plants, pesticides and fertilisers on sale to the public meet the highest EU specifications.

My Department is also participating in the funding of a €100,000 programme to promote, inter alia, public awareness of garden related issues and to improve the availability of quality information for the novice gardener. The programme is being managed by Bord Bia and will be 50% funded by the European Commission, 20% funded by the Department and 30% funded trade interests. In order to encourage gardening among the target audience, that is, women aged between 35 and 55 and new home owners, Bord Bia has prepared 20 user friendly gardening leaflets covering a wide range of topics and designed to encourage novice gardeners to increase gardening activities. Over 400,000 leaflets are currently being distributed to garden centres throughout the country.

Farm Retirement Scheme.

Tom Hayes

Question:

71 Mr. Hayes asked the Minister for Agriculture and Food her plans to implement the recommendations of the Joint Committee on Agriculture and Food report on the ERS; and if she will make a statement on the matter. [37729/05]

The joint committee's examination of the early retirement scheme provided a welcome opportunity to air a wide range of issues and this has been helpful in clarifying the position. I have provided a detailed response to the report. Regrettably, there are a number of committee recommendations that I have not been able to accept. They are precluded by elements of the EU regulations under which the current scheme and its predecessor are operated. When the same issues were raised by retired farmers with the European Commission, the Commission concluded that my Department was operating the scheme correctly. However, the committee made other recommendations which I am still considering.

Veterinary Inspection Service.

Billy Timmins

Question:

72 Mr. Timmins asked the Minister for Agriculture and Food the steps she is taking to provide a country-wide and weekend veterinary service for the issue of prescriptions for animal remedies; and if she will make a statement on the matter. [37713/05]

Veterinary practices are primarily commercial entities and their locations are driven by commercial realities. However, insofar as State involvement is concerned, a number of recent measures will alleviate difficulties which may arise in certain parts of the country. Under the new Veterinary Practice Act, which will come into effect on 1 January 2006, provision is made to enable the Veterinary Council for the first time to recognize qualifications from applicants in third countries generally. Taken with the recent enlargement of the EU, this will make for improved availability of practitioners to meet shortfalls that may arise on the supply side. The Animal Remedies Regulations 2005, which I signed into law on the 17 November 2005, contain a number of measures which will enable veterinary practitioners and their farmer clients to avoid difficulties in this area. These include changes to the prescribing rules in terms of the need to clinically examine an animal and extended validity of prescriptions, the details of which I have already outlined in the House. The regulations also include a provision which, in a genuine emergency situation and subject to appropriate safeguards, will enable a pharmacist to supply a prescription medicine in advance of receiving a written prescription. I understand that Údarás na Gaeltachta provides funding to subsidise veterinary practices in some remote areas in consultation with the local farming community.

Question No. 73 answered with QuestionNo. 35.
Question No. 74 answered with QuestionNo. 25.
Question No. 75 answered with QuestionNo. 45.
Question No. 76 answered with QuestionNo. 42.

Farm Household Incomes.

John Gormley

Question:

77 Mr. Gormley asked the Minister for Agriculture and Food the impact a 35% reduction in farm family incomes here would have on rural communities; and if she will make a statement on the matter. [38454/05]

The figures mentioned come from an agri-aware leaflet which speculates that the latest round of WTO proposals could lead to a 35% reduction in farm family income. The WTO negotiations are not yet complete. It is now generally accepted that the ministerial conference in Hong Kong will not produce a final agreement and that further negotiations will be required in 2006. My overall objective for these negotiations is to ensure that any new agreement can be accommodated within the terms of recent CAP reforms and that further reform will not be required.

Agricultural Exports.

Paul Kehoe

Question:

78 Mr. Kehoe asked the Minister for Agriculture and Food the steps she is taking ensure that the Irish Ferries dispute does not threaten the export of stock and food produce; and if she will make a statement on the matter. [37706/05]

The supply and availability of transport for the carriage of exports of livestock and food produce is a commercial matter not within the remit of my Department. However, I understand that there is sufficient capacity on routes and services other than those of Irish Ferries to obviate any threat to the export of stock or food produce at this time.

Alternative Farm Enterprises.

Kathleen Lynch

Question:

79 Ms Lynch asked the Minister for Agriculture and Food her plans for development of new outlets, including non-food uses, for agricultural and forestry products; and if she will make a statement on the matter. [38381/05]

The development of new markets for Irish food produce is primarily the responsibility of the food industry. However, my Department, in co-operation with the statutory food promotion agency Bord Bia, will continue to assist the industry to identify markets for Irish agricultural and food produce in the EU and internationally, to build on existing markets by extending the value-added component, to identifying market segments with growth potential and to innovate to retain consumer and buyer interest.

As provided for in the National Development Plan 2000-2006, the main objectives of the food institutional research measure, or FIRM, are to provide a base of information and expertise in generic technologies that supports innovation and product development in the food industry, and to assist consumer protection by ensuring that product development is underpinned by attention to food safety and quality. General calls in 2000 and 2004 and a targeted call in 2001 covered the development of technologies to build a more competitive, innovative, consumer-focused and sustainable food production and marketing sector; development of the scientific knowledge to underpin effective food safety practices at all stages in the food chain; consumer foods technology; innovation in functional foods; cheese diversification; production of new food ingredients; new technologies for added-value meat products.

Non-food uses for agriculture and forestry products is an area my Department is giving particular attention to in light of the reformed CAP. Under the reformed CAP, an aid top-up of €45 per hectare was introduced for production of energy crops. It is subject to a maximum guaranteed area of 1.5 million hectares for the EU as a whole. Any agricultural raw material, with the exception of sugar beet, may be grown on the areas covered by the aid, provided they are intended primarily for use in the production of either biofuel or electric and thermal energy from biomass. To avail of this aid, crops must be grown on eligible land, not on set-aside, and the aid will be paid only where there is a contract between the farmer and the processing industry, or where the processing is undertaken by the farmer on the holding. This is a coupled aid, so the farmer must grow the crop in order to be eligible for the top-up.

Energy crops such as oilseed rape, wheat and sugar beet can be used for the manufacture of liquid transport biofuels. Forestry by-products are a rich source of wood biomass for heat or energy generation while various farming by-products such as meat and bone meal and tallow can be used for energy or heat generation and biodiesel manufacture respectively. For the purposes of contributing to the development of policy on biofuels, my Department in conjunction with COFORD and Teagasc has examined the potential of energy crops, wood biomass and farming and food by-products. In general, the production of energy crops for biofuels will have to be demand led and production by farmers will only occur if the economic returns are greater than those offered by traditional crop enterprises. The scheme announced earlier this year by the Minister for Communications, Marine and Natural Resources, who has overall responsibility for energy policy including the promotion and development of biofuels, for mineral oil tax relief on pilot biofuel projects has stimulated the production of oilseed rape for biofuel. The announcement in yesterday's budget of the excise duty relief scheme to cover, when the relief is fully operational, around 163 million litres of biofuels per year should further stimulate the production of crops for the manufacture of liquid biofuels. This is a very welcome development.

The exploitation of wood resources for energy purposes, mainly for heat or electricity generation, offers significant potential. There are also significant opportunities for using by-products of farming and food processing for bioenergy purposes. Approximately 140,000 tonnes of meat and bone meal is produced annually and its use in place of fossil fuels could reduce carbon dioxide emissions by up to 19%. I wish to encourage further research to assist the development of biofuels and have arranged for research projects on biofuels and other non-food uses of crops to be included in the latest call under my Department's research stimulus programme. Details of the successful projects will be announced shortly. To encourage the growing of sugar beet as an energy crop, the EU Commission intends to amend the relevant regulations in 2006 to allow sugar beet to qualify for set-aside payments when cultivated as a non-food crop, and to be made eligible for the energy crop aid of €45 per hectare.

In addition to the traditional market for timber, Ireland's forests also provide a number of other non-timber benefits including carbon sequestration, wood energy, biodiversity conservation, recreation and tourism. A recent publication by COFORD, "Markets for non-wood Forest Products", states that markets do exist for a variety of other non-wood forest products such as game, fruit, fungi and foliage and that these are at a very early stage of development in Ireland. The forest service of my Department is active on a number of fronts to develop forestry to its full potential, including this area of non-timber benefits and products. The forest service is funding a number of pilot projects in the area of wood energy, including an integrated forest-to-energy project in County Clare. Other initiatives are also being planned. COFORD, the forest research and development agency under my Department, is also to the forefront of promoting wood energy. The forest service also funds the neighbour-wood scheme which offers considerable support to groups, including local authorities, to work in partnership in developing appropriate woodland amenities in and around villages, towns and cities. Such amenities, designed and equipped for public access, recreation and enjoyment, impart a wide range of benefits to the surrounding communities.

EU Directives.

Bernard J. Durkan

Question:

80 Mr. Durkan asked the Minister for Agriculture and Food if she has evaluated the likely negative impact on the agricultural sector and the economy generally arising from the new EU sugar regime, the nitrates directive and the WTO; her plans to counter the full impact of such measures on the food producing and exporting sector of the economy; and if she will make a statement on the matter. [38408/05]

My Department examines and assesses the impact of all policy proposals emerging at EU level and the wider international context for their impact on agriculture and the rural economy. The agri-vision 2015 report also identified the rapidly changing nature of Irish agriculture and the issues facing the agriculture and food industries in the future including the need for market driven production and greater levels of productivity. The report sets out a framework for the future for Irish agriculture and details what actions and changes are required in order to achieve desired targets. The report placed great emphasis on meeting consumer requirements and the role of competitiveness in the production process in the context of an increasingly global market.

I intend to produce and launch a plan of action in the new year that will set out a clear programme of work for my own Department, and for the other players in the sector, which will seek to enhance the competitiveness of the agriculture and food industries to fulfil their productive potential and position them to meet the challenges ahead.

Question No. 81 answered with QuestionNo. 40.

Animal and Plant Diseases.

Joan Burton

Question:

82 Ms Burton asked the Minister for Agriculture and Food the action she has taken to prevent importation of animal and plant disease; and if she will make a statement on the matter. [38390/05]

All live commercial animals imported into Ireland from either an EU member state or a third country must be accompanied by an official health certificate from the competent authority of the exporting country confirming that the animals have undergone all appropriate tests and have not come from an area affected by any animal disease. Veterinary inspection checks operate at all of Ireland's official border inspection posts to ensure imports meet physical, documentary and identity requirements.

I am satisfied that the protection measures in place are robust and comprehensive and minimise any possibility of any animal disease being introduced into Ireland. Such measures are kept under constant review and my Department will not hesitate to introduce any such additional measures as may be considered appropriate to an increased threat of animal disease being introduced to the country.

Detailed EU legislation lays down the conditions that member states must apply to the production of and trade in products of animal origin, including meat and meat extracts, as well as to imports of these products from third countries. Under harmonised legislation a series of health and supervisory requirements are applied in the member states to ensure that animal products are produced to standards that guarantee the safety of food and the protection of human and animal health. The application of these standards in the member states is monitored by the Food and Veterinary Office, FVO, of the EU. It is a requirement that animal products imported from third countries meet standards at least equivalent to those required for production in, and trade between, member states. All such imports must come from third countries or areas of third countries approved for export to the EU.

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

With regard to preventing the importation of plant diseases, all plant importers, in accordance with EU and national legislation, must be registered and pre-notify my Department of consignments landed in the country and the relevant material is meticulously inspected for quarantine diseases, and if required, laboratory testing. Only after this process are they then cleared into general circulation. Surveys and inspections are conducted throughout the country for quarantine pests and diseases, in particular for those which Ireland has protected zone status. My Department actively participates in the work of the EU Standing Committee on Plant Health and other international plant health fora for the co-ordination of legislation and actions to prevent and-or limit the spread of plant diseases.

Question No. 83 answered with QuestionNo. 40.

Horticulture Sector.

John Curran

Question:

84 Mr. Curran asked the Minister for Agriculture and Food her views on the progress in expanding the horticulture sector here. [38303/05]

With annual farm-gate production valued currently at €270 million and retail sales in the order of €650 million, the sector employs some 10,000 people across the production and distribution chain. The key issue that has impacted on the development of the horticulture industry as a whole in recent years is the increased concentration at retail level with the consequent significant change in the supply chain. My Department, recognising the marketing advantages and challenges of consolidation and scale, has contributed to the development of the industry, particularly through its grant aid schemes under the national development plan. These schemes have been a catalyst for investment and growth and have assisted producers to upgrade or develop new production facilities and have also enabled commercial enterprises to improve marketing and processing facilities.

The scheme to assist capital investment on farms under the national development plan aims to promote the specialisation and diversification of on-farm activities, improvement in the quality of products and to facilitate environmentally friendly practices and improved working conditions on farms. Since 2001 over €8 million has been paid to 400 horticultural producers throughout the country to upgrade or develop new facilities. This year a €6 million grant package will fund projects to the value of over €17 million. All areas of horticulture are eligible for the scheme.

Demand in the consumer and foodservice sectors is buoyant, both for fresh and prepared chilled produce and convenient value-added products. The retail value of prepared horticultural produce was estimated to be €59.8 million in 2004, representing a two-fold increase on 2001 and there are real investment opportunities and challenges for development of this sector. For the first time this year, projects in the fruit and vegetable sector have been prioritised in the scheme of aid for the marketing and processing of agricultural products, which supports capital investment to enhance competitiveness and added value. Some 23 applications were submitted representing total investments of €25 million and these are currently in the final stages of evaluation.

In addition, horticulture producers benefit from EU aid under the producer organisation scheme. Some €5.6 million was paid to ten recognised producer organisations this year. The development of producer organisations under EU regulations has made a very important contribution to the development of the sector as it enables producers to benefit from their combined strength in the production and marketing of their product.

Research and Training Funding.

Donie Cassidy

Question:

85 Mr. Cassidy asked the Minister for Agriculture and Food her views on the level of proposed expenditure by her Department under the heading of research and training in 2006. [38305/05]

The allocation proposed for research and training under subhead B of my Department's Vote for 2006 is €27.7 million. This compares with the expected outturn of just over €26 million in 2005 and an outturn of €21.2 million in 2004. In addition to the funding provided for research and training under subhead B, my Department also provides substantial annual grant-in-aid to Teagasc for its programme of activities, including research and training. For 2006, the Teagasc annual grant-in-aid will be €121 million compared to €111.4 million in 2005.

I regard research and training as essential for the continued improvement of quality, productivity, efficiency and innovation in the agri-food sector. I would encourage operators at all levels in the sector to regard research and training as an investment in their future viability and profitability, and to avail of the facilities and funding available to assist them in remaining competitive into the future.

Animal Welfare.

Mary Upton

Question:

86 Dr. Upton asked the Minister for Agriculture and Food if she is satisfied with the conditions that apply to cattle being fed under B and B conditions; and if she will make a statement on the matter. [38372/05]

The main concern of my Department in relation to so called bed and breakfast facilities relates to the potentially significant disease risks, particularly TB and brucellosis, associated with the mixing of cattle from different sources in housing sheds. In view of this concern, my Department has set down minimum requirements governing the movement of cattle into such sheds and it also issues reminders of these requirements to farmers at this time of year when cattle are being moved into these types of facilities. In addition, my Department provides bio-security advice to operators of these facilities with a view to minimising disease risks.

With regard to the minimum requirements, the position is that movements to and from a B&B must conform to the same test requirements as sale-mart movements. Keepers of animals moving animals to or from a B&B must obtain a CMMS compliance certificate prior to movement and all movements must be recorded on the herd registers of the sender and the receiver. For disease tracing purposes and to fulfil EU requirements, any calves born on B and B holdings must be tagged and registered by the keeper of the B&B, using ear tags appropriate to the B&B holding. The notification of movement and proper record keeping are paramount in the event of a disease outbreak where prompt tracing of all potentially exposed or infected animals is essential.

With regard to bio-security advice, my Department has emphasised that, where possible, cattle from one farm of origin should be kept separate from cattle from other farms so as to minimise the risk of disease transmission. In addition, my Department's advice at all times is not to place pregnant female cattle into a B&B situation. Where this is unavoidable, farmers should minimise the risk by seeking out facilities where they will be the sole occupier. Where this is not possible, pregnant animals should be isolated until after they have passed a post-calving blood test for brucellosis. Cleaning and disinfection and general hygiene in the B&B should be of the highest possible standards.

I believe that if the conditions and bio-security advice are fully complied with, both by farmers availing of B&B facilities and B&B operators, the disease risks to cattle moved into B&B sheds will be minimised.

Question No. 87 answered with QuestionNo. 64.
Question No. 88 answered with QuestionNo. 24.

Beef Industry.

John Gormley

Question:

89 Mr. Gormley asked the Minister for Agriculture and Food her views regarding comments made by former IFA President, Mr. Tom Clinton, that the beef and suckler industry here is declining at a phenomenal rate; and if she will make a statement on the matter. [38453/05]

Beef production is extremely valuable to the Irish economy with a €1.4 billion export value representing almost 25% of total Irish agri-food exports. In 2004 Ireland produced 560,000 tonnes of beef and exported 495,000 tonnes. Almost 90% of these exports went to EU markets. This trend is continuing in 2005 and there is no indication that the beef industry is in decline. The shift to EU markets for the vast bulk of our exports in fact strengthens our position from a strategic point of view.

The year 2005 has been a relatively good one for cattle producers with strong demand continuing across European markets. Average prices are up 9% on the same period last year and up over 3% on the year as a whole to date. While we did see an unusually steep seasonal decrease in prices this summer, the position has recovered and in recent weeks, improved demand and tighter supply has seen a rise in prices again in Ireland and across the EU. Production for 2005 is expected to be down by 3% on 2004.

The reverse situation is expected in 2006 where the outlook is that Irish beef production is estimated to increase by 5%, contrasting with a decreasing production trend throughout continental Europe. The EU beef market is again forecast to remain in deficit by approximately 350,000 tonnes. This will create a positive market environment and should maintain good demand for Irish beef in our key markets with good prices being achieved. An increased presence in this sophisticated high value market is seen as the key to the success of the beef industry in the long term.

The 2003 mid-term review of the Common Agricultural Policy has allowed Irish beef farmers to farm exclusively for the market as premia have been replaced with a single decoupled payment. Farmers can now specialise in enterprises at which they have a comparative advantage with no limiting forms of production save the supply and demand balance of the marketplace. Our ability to grow grass over a long growing season and our mild climate will ensure that we remain a significant producer of cattle in the future.

A main factor on the horizon is the WTO and the effect an agreement might have on our beef sector. While we have a number of concerns going into these negotiations, it is my aim to get the best possible outcome for our beef sector in relation to access arrangements to EU markets from non-EU suppliers, including the sensitive products mechanism, phasing and parallelism in relation to export support and the protection of green box decoupled direct payments. I have also made my views on non-trade issues, such as the need for equivalence in standards, well known to the Commission who are negotiating on the part of the EU.

Question No. 90 answered with QuestionNo. 24.

Grant Payments.

Paul McGrath

Question:

91 Mr. P. McGrath asked the Minister for Agriculture and Food the measures she intends to take to address the problems experienced by farmers in the Shannon callows, as a result of proposals which do not allow them to spilt their lands for grant aid purposes between REP scheme funding and funding allocated under the special areas of conservation and special protection area designation; and if she will make a statement on the matter. [37722/05]

The designation of land under the EU birds and habitats directives is a function of the Department of the Environment, Heritage and Local Government. The question of compensation for farmers in the Shannon callows area is a matter, in the first instance, for that Department and I understand that discussions on the matter with the farming bodies have been going on for some time and are still continuing.

As far as REPS is concerned, arrangements are already in place designed specifically to address the situation of farmers in the Shannon callows. Farmers in this area who wish to join REPS, but believe that the REPS payments do not fully offset any income loss arising from the restrictions placed on their farming activities because of designation under the birds and habitats directives, may now also apply to the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government for additional compensation. Before this arrangement was introduced in September 2004, such farmers had to choose between REPS and the compensation arrangements operated by NPWS but could not benefit from both.

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

REPS is a highly successful agri-environment measure and is acknowledged as such by the European Commission. One of the features of REPS which the Commission has commended is the fact that the whole farm is subjected to the full range of basic undertakings. This model has served Irish farmers well since the introduction of REPS in 1994 and I see no reason to depart from the whole-farm approach to accommodate a situation which I believe has already been addressed adequately. However, I have recently started a consultation process with stakeholders on the next REP scheme, which will run from 2007 and it is open to any party to make suggestions relating to the Shannon callows as part of this process.

Water Supply Contamination.

Eamon Ryan

Question:

92 Mr. Eamon Ryan asked the Minister for Agriculture and Food the support local authorities will receive when waters become contaminated with cryptosporidium through a variety of routes including run-off from agricultural land on which infected animals have defecated and following the spreading of slurry. [38456/05]

The provision of financial support to local authorities is a matter for the Minister for the Environment, Heritage and Local Government.

Local authorities have specific powers under the Water Pollution and Waste Management Acts to address water pollution and, in particular, are empowered to prescribe specific measures to stop or prevent water pollution or require farmers to engage in nutrient management planning. Furthermore, local authorities are centrally involved in the implementation of the water framework directive.

Following the outbreak of cryptosporidium in Carlow during April and May, Carlow County Council conducted an investigation to establish the source of the outbreak. The investigation focused on sources of household domestic pollution, farm yard run-off and animal contamination of water courses. However, despite exhaustive efforts, the source of the outbreak was never established.

In the event of an animal health issue affecting or posing a risk to human health, my Department's policy remains unchanged. As in the past, all available technical support will be provided to assist in reducing or, if possible, eliminating the risk to human health. In its report on the incident referred to, Carlow County Council publicly acknowledged the assistance, support, advice and co-operation of my Department during and after the cryptosporidium outbreak.

Farm Waste Management.

Seymour Crawford

Question:

93 Mr. Crawford asked the Minister for Agriculture and Food if increased grant aid will be available towards farm yard manure accommodation from 1 January 2006; if the grant aid will take account of the storage needs in both the pig and poultry section and for those farms with under 20 livestock units; and if she will make a statement on the matter. [38257/05]

Jim Glennon

Question:

98 Mr. Glennon asked the Minister for Agriculture and Food her views on progress on the introduction of the new farm waste management scheme to assist farmers meet the requirements of the nitrates directive. [38298/05]

I propose to take Questions Nos. 93 and 98 together.

In order to assist farmers meet the additional requirements of the nitrates action programme, I have announced details of a proposed revised farm waste management scheme for which EU state aid approval has been sought. I am hopeful that early approval of the revised scheme will be forthcoming so that it can be introduced next January.

Subject to the required EU approval, the revised scheme will introduce a standard grant-rate of 60%, with 70% being available for Zone C counties, in place of the current grant-rate of 40%. It will raise the maximum eligible investment ceiling from €75,000 to €120,000, remove any minimum income requirements from farming from the scheme so that all small farmers can participate in it and extend the scheme to include horses, deer, goats, pigs and poultry, and mushroom compost. Other proposed changes to the scheme include the introduction of a new 40% grant-rate for specialised on-farm equipment with specific environmental advantages.

Negotiations are currently taking place with the EU Commission on the clearance of the scheme from the point of view of EU state aid rules and I am confident that approval will be secured at an early date.

Question No. 94 answered with QuestionNo. 32.

Alternative Farm Enterprises.

Donie Cassidy

Question:

95 Mr. Cassidy asked the Minister for Agriculture and Food her views on the value of the forestry sector to the economy here; and the number of jobs involved in the sector. [38297/05]

The forestry sector provides a high value input to the national economy, and makes a significant contribution to the economic well being of rural communities.

The forestry sector contributes €698 million annually to the economy. While it is difficult to provide economic values for the non-timber benefits of Irish forests, the 2004 Bacon review estimated an annual value in the region of €88.4 million for the recreation, carbon-storage and bio-diversity benefits.

Over 14,000 private plantations have been established, the vast majority of these by farmers. In 2004, a total of €54.1 million in forestry premiums was paid out to forest owners. In addition to forest owners, it is estimated that total employment generated by the sector amounts to just over 16,000.

Question No. 96 answered with QuestionNo. 42.

Genetically Modified Organisms.

Liam Twomey

Question:

97 Dr. Twomey asked the Minister for Agriculture and Food her plans to evaluate the economic implications of the use of genetically modified organisms; and if she will make a statement on the matter. [37718/05]

In August 2003 an interdepartmental group was established to examine issues relating to the co-existence of GM crops alongside non-GM crops and draw up recommendations for co-existence arrangements in Ireland. Among the issues examined by the group was the economic implications of co-existence.

I have recently received and examined the group's report and recommendations. The report takes on board the full range of factors surrounding the GM issue, including the principles laid down in the Commission guidelines on GM co-existence, Government policy on GMOs, scientific issues, new developments in GM technology, the Irish crop production system and farm infrastructure and liability issues. In the case of the latter it makes recommendations regarding compensation in cases where a non-GM crop grower incurs a verifiable and quantifiable economic loss as a result of the GM maximum labelling threshold being exceeded and how this compensation should be funded.

However, I believe that the wider economic issues associated with GM cultivation and the use of GM feed should also be examined to enable the agri-food industry to make informed decisions the use of GMO's. Teagasc was asked to carry out an evaluation of the possible costs and benefits for the agri-food industry from the use of GMOs in crop and livestock production. This evaluation is in the final stages of completion and a report is expected soon.

Question No. 98 answered with QuestionNo. 93.

Alternative Farm Enterprises.

Tom Hayes

Question:

99 Mr. Hayes asked the Minister for Agriculture and Food the steps she is taking to promote farmers markets; and if she will make a statement on the matter. [37689/05]

With over 100 farmers markets now in existence, I believe there is great potential for future growth in this area. I am aware of the role and increasing importance that farmers markets perform in supplementing farm incomes and providing an alternative route to the market for small food producers. They offer direct access to consumers and assist the development and expansion of local and regional speciality foods. They also improve community spirit, create employment and make local areas more attractive for tourism.

I am fully committed to supporting efforts to promote, strengthen and organise the farmers markets system on a sustainable basis. On behalf of the Irish Country Markets Association, I recently launched the "origin farmers markets" initiative in Manorhamilton, County Leitrim. This is a new cross-Border initiative to encourage and develop more farmers market outlets North and South in five Leader areas in counties Donegal, Tyrone, Sligo, Leitrim, Antrim and Roscommon.

Bord Bia, as part of its statutory role in promoting the development of Ireland's food and drink industry, is working with other State and local agencies to develop this route to the market. In co-operation with Invest Northern Ireland, it has published a comprehensive information guide on the operation of these markets. It also provides a range of support services for farmers markets including advice and mentoring assistance and has a dedicated person in the small business department to assist both producers and individuals.

Bord Bia continues to work closely with the Office of Public Works on developing the successful ‘food at Farmleigh' programme. In 2006, the Farmleigh model is being rolled out to other OPW heritage properties around the country including Donegal, Laois, Wexford and Cork.

In association with Dublin City Council, Bord Bia is also actively involved in the Smithfield regeneration programme and recently facilitated a meeting with interested parties on the proposed development of the fruit, vegetable and fish markets. Attendees were invited to make submissions on the proposed regeneration to the Dublin city planner and a consultative forum, including Bord Bia was established. This initiative will provide access for small food producers to the lucrative Dublin market.

Farm Waste Management.

Peter Power

Question:

100 Mr. P. Power asked the Minister for Agriculture and Food if she intends aiding digesters to deal with pig and poultry manure arising from the application of the nitrates directive. [38299/05]

I have recently announced details of a proposed revised farm waste management scheme, including its extension to the pig and poultry sectors, in order to assist farmers meet the additional requirements of the nitrates action programme. The revised scheme will be introduced as soon as EU state aid approval is obtained.

In addition to the revised farm waste management scheme, I am also proposing to introduce a further pilot scheme to support the demonstration of new and emerging technologies, such as digestors to further assist, in particular, the pig and poultry sectors. The maximum eligible investment ceiling per project will be €1 million with a proposed grant-rate of 40% and it is envisaged that funding will be made available for up to ten projects throughout the State. The scheme will be introduced as soon as EU approval is obtained.

Question No. 101 answered with QuestionNo. 24.
Question No. 102 answered with QuestionNo. 40.

Live Exports.

Martin Brady

Question:

103 Mr. M. Brady asked the Minister for Agriculture and Food her views on progress to recommence live sheep exports to the Continent. [38309/05]

Trade in sheep between member states of the European Union is subject to the provisions of Council Directive 91/68/EEC as amended, as regards reinforced controls on the movement of sheep and goats.

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

These controls were introduced in the aftermath of the foot and mouth outbreak in 2001 and came into effect on 1 July 2004. There were certain difficulties with these certification requirements arising from the fact that the information the official veterinarian was being required to certify could only be truly known to the farmer. Accordingly I had my Department raise the matter with the European Commission in an effort to arrive at a certification procedure that best met the concerns of farmers and exporters, while, at the same time, protecting animal health. I am pleased that, in response to our approach, the European Commission submitted proposals to amend these certification requirements to allow the official veterinarian to issue certification based on a written declaration by the farmer or on an examination of the flock register and movement documents. The proposals providing for these new arrangements were agreed to unanimously by the standing committee on the food chain and animal health on 11 November 2005 and will apply from 15 February 2006. I am confident that they will resolve most of the outstanding difficulties with certification of exports of sheep to France and the United Kingdom.

While I am happy to facilitate live sheep exports in any way I can, I point out that securing outlets and the supply and availability of transport for the carriage of livestock is of course a commercial matter not within the remit of my Department.

Genetically Modified Organisms.

Dan Boyle

Question:

104 Mr. Boyle asked the Minister for Agriculture and Food if she intends to set up a fund to compensate farmers for the expected economic loss if genetically modified crops are cultivated here; and if she will make a statement on the matter. [38448/05]

In August 2003 an interdepartmental group was established to examine issues relating to the co-existence of GM crops alongside non-GM crops and draw up rules for co-existence arrangements in Ireland. Among the areas examined by the group was the issue of compensation for a non-GM farmer in the event of economic loss being suffered as a result of GM admixture. The group comprised of representatives of the Departments of Agriculture and Food and Environment, Heritage and Local Government, Teagasc and the EPA.

I have recently received and examined the group's reports and recommendations. The report, which takes on board the full range of factors surrounding the GM issue, namely the principles laid down in the Commission guidelines on GM co-existence, government policy on GMOs, scientific issues, new developments in GM technology, the Irish crop production system and farm infrastructure, makes clear recommendations on cases where a non-GM farmer incurs a verifiable and quantifiable economic loss as a result of the GM maximum labelling threshold being exceeded.

While the group engaged extensively with identified stakeholders I have decided, in order to allow all concerned put forward their views on the proposed arrangements for co-existence, to place the report on my Department's website and invite further observations on the recommendations in the report. I will take all such observations into account before putting in place co-existence arrangements in Ireland as is required under EU legislation.

Animal Welfare.

Joe Sherlock

Question:

105 Mr. Sherlock asked the Minister for Agriculture and Food the input her Department has had into the European Commission community action plan on animal welfare and protection; and if she will make a statement on the matter. [38391/05]

I am aware that the European Commission is in the process of preparing a Community action plan on the protection and welfare of animals. My Department has not had any specific input into the preparation of that plan.

I expect, however, that the plan will be discussed in due course at EU fora at which my Department will be represented

Question No. 106 answered with QuestionNo. 40.

Infectious Diseases.

Mary Upton

Question:

107 Dr. Upton asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the risk of Lyme disease from deer ticks; if arrangements will be made to have notices placed in appropriate settings where the risk from this infection is possible; if a publicity campaign will be initiated to inform the public of the risks; and if she will make a statement on the matter. [38532/05]

Lyme disease, also known as Lyme borelliosis, is an infection caused by a spiral shaped bacterium borrelia burgdorferi that is transmitted to humans by bites from ticks infected with the bacteria. The infection is generally mild affecting only the skin, but can sometimes be more severe. Lyme disease has been reported from North America, Europe, Australia, China and Japan. Ticks feed by biting and attaching to the skin and sucking blood, normally from animals such as sheep and deer. Infected ticks are most likely to be encountered in heath land and lightly forested areas of North America and northern Europe. Ramblers, campers and those who work in such areas especially if they come into contact with large animals are at greatest risk of being bitten by ticks and of going on to develop disease. Cases of Lyme disease appear in Ireland every year.

Many infected people have no symptoms at all. The commonest noticeable evidence of infection is a rash called erythema migrans that is seen in about three quarters of infected people. This red, raised skin rash develops between three days and a month after a tick bite and spreads outwards from the initial bite site. This rash can last up to a month and be several inches in diameter. People can also complain of ’flu-like symptoms such as headache, sore throat, neck stiffness, fever, muscle aches and general fatigue. Occasionally, there may be more serious symptoms involving the nervous system, joints, the heart or other tissues..

Lyme disease is not a notifiable infectious disease in Ireland. This means that there is no legal requirement on doctors to report cases to their local director of public health. In Ireland, researchers have tried to determine levels of Lyme borreliosis; it has been estimated that there were about 30 human cases per year in the mid-1990s. Data, however, from the National Virus Reference Laboratory, which is responsible for undertaking testing for B. burgdorferi, have confirmed that there were only 11 positive cases in 2003; these numbers have been steady at that level for the last couple of years. There were, however, more than 1,000 requests for testing for B. burgdorferi in 2003.

Over the last several years, the NVRL confirms that virtually all positive cases were associated with travel in the US. It is felt that there is some unknown degree of under-reporting and under-diagnosis of this condition. In Britain, about 300 laboratory-confirmed cases are reported to the Health Protection Agency annually; however, estimates suggest that the true figure could be between 1,000 and 2,000 cases annually. In the US, there are about 15,000 to 20,000 cases each year.

More than 100,000 cases have been reported in the US, with highest rates in New England; more than 17,000 cases were reported during 2000 alone. In Europe, similarly high rates are seen in Germany, but forested regions of Austria, Sweden and Slovenia frequently report cases as well. In England, Lyme borreliosis is considered to be endemic in the New Forest area of Hampshire.

In Britain, it has been estimated that there may be as many as 1,000 human cases each year, however, in 1993, only 44 infections were voluntarily reported by laboratories in England and Wales while four were reported for Scotland. Since then, about 50 cases are reported each year in England and Wales; the true incidence, while unknown, is increasing. Over the last three years, Scotland has been detecting considerably more cases: 28 in 2001, 85 in 2002 and, provisionally, 71 in 2003.

Lyme disease can affect anyone but is commonest among ramblers, hill-walkers, hikers, campers and others whose leisure activities or work takes place in heath land or light woodland areas or brings them in contact with certain animals, for example, deer. Summer and autumn is the period when most cases occur.

Common antibiotics such as doxycycline, amoxicillin or erythromycin are effective at clearing the rash and helping to prevent the development of complications. Currently, there is no vaccine available against human Lyme disease in Ireland. A US human vaccine was withdrawn in 2002. Research into vaccine development is taking place in Europe and the US.

It would therefore appear on initial review that despite confirmed Irish cases of Lyme borelliosis having been principally associated with travel to North America, there is the potential for individuals to be exposed to biting ticks in Ireland. It would seem sensible for this reason to recommend that simple, straightforward information should be made available that will assist those who may potentially be exposed whether as a result of occupational or leisure activities to take necessary precautions.

As a response to this in 2004, the vector-borne sub-committee of the scientific sub-committee of the Health Protection Surveillance Centre's scientific advisory sub-committee was established. One of its terms of reference was to identify and determine the burden of certain significant vector-borne diseases in Ireland and to make recommendations in relation to the provision of advice and guidance. One of the diseases to be considered in the work of the vector-borne sub-committee was Lyme disease.

As part of the initial risk assessment the available information on Lyme disease was collated and reviewed. As in common with many other countries, estimation of true levels of this condition is rather difficult. In Ireland a number of cases appear every year and a proportion of these are likely to have been acquired in Ireland. This condition is not among the scheduled list of notifiable diseases laid out in the Infectious Diseases (Amendment) (No. 3) Regulations, SI 707 of 2003, and therefore data on Lyme disease are not subject to systematic collection as is the case for notifiable diseases.

A fact sheet on Lyme disease has been made available on the HPSC's website to provide members of the general public and media with advice on minimising the risk of Lyme disease. In addition, part of the work of the vector-borne sub-committee in the new year will be the development of clinical guidance on the management of Lyme disease and raising awareness of this condition among clinicians.

Food Labelling.

Willie Penrose

Question:

108 Mr. Penrose asked the Tánaiste and Minister for Health and Children if, in the context of compulsory labelling of food products, she will take steps to ensure that the role of Country Markets Limited is recognised, in so far as they already have in place a labelling system, which gives detailed information to their customers, and as they only operate the markets for approximately four hours each week and some are summer markets; if, in this context, she will make an exception and confirm that the level of labelling already put in place by Country Markets Limited to cover the sale of products through their 58 markets throughout the country is sufficient and adequate; and if she will make a statement on the matter. [38565/05]

The general labelling of foodstuffs in Ireland is controlled under the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations 2002 to 2005. These regulations apply to the labelling of pre-packaged foodstuffs for sale to the ultimate consumer or for supply to mass caterers. The principle underlying food labelling is that the purchaser must not be misled. Thus pre-packaged food sold at markets is not exempt from the labelling requirements that apply to such food sold by other means. However, foodstuffs sold loose, that is without pre-packaging, for example olives sold from drums or cheese sliced at the request of the consumer, need only indicate the name of the food, either on the label, or displayed on a notice near the food.

Nursing Home Charges.

Tom Hayes

Question:

109 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their late spouse. [38488/05]

Tom Hayes

Question:

111 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their late brother. [38490/05]

Tom Hayes

Question:

112 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their late spouse. [38491/05]

Tom Hayes

Question:

113 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their late sister. [38492/05]

Tom Hayes

Question:

114 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their mother. [38493/05]

Tom Hayes

Question:

115 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their father. [38494/05]

Tom Hayes

Question:

116 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges. [38495/05]

Tom Hayes

Question:

117 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges. [38496/05]

Tom Hayes

Question:

118 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their father. [38497/05]

Tom Hayes

Question:

119 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their late spouse. [38498/05]

Tom Hayes

Question:

120 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges. [38499/05]

Tom Hayes

Question:

121 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their uncle. [38500/05]

Tom Hayes

Question:

122 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges for their spouse. [38501/05]

Tom Hayes

Question:

123 Mr. Hayes asked the Tánaiste and Minister for Health and Children when a refund will issue to a person (details supplied) in County Tipperary in respect of nursing home charges. [38502/05]

I propose to take Questions Nos. 109 and 111 to 123, inclusive, together.

The general rules and policy relating to the national repayment scheme have been set out in previous parliamentary questions. These can be made available to the Deputy should he require them.

As the Health Service Executive has responsibility for administering the scheme, inquiries relating to individual cases are referred to the parliamentary affairs division of the executive. My Department has asked the HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Accident and Emergency Services.

Arthur Morgan

Question:

110 Mr. Morgan asked the Tánaiste and Minister for Health and Children if an inquiry was held by the Health Service Executive and ambulance service into an incident on 12 November 2005, where a person (details supplied) in County Louth received a life-saving operation at Louth County Hospital, Dundalk; and if changes in protocol will be made following the successful outcome on this occasion. [38489/05]

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.

Questions Nos. 111 to 123, inclusive, answered with Question No. 109.

Health Services.

Trevor Sargent

Question:

124 Mr. Sargent asked the Tánaiste and Minister for Health and Children the accountability in the standard of care provided by Government funded organisations working with victims of rape and sexual assault. [38505/05]

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.

Alcohol Policy.

Gay Mitchell

Question:

125 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children, further to Question No. 156 of 29 November 2005, her views on the proposal by the Dublin City Business Association; and if she will make a statement on the matter. [38512/05]

I am very much aware of the negative effects, across a range of harm indicators, of harmful drinking in Irish society. A cultural shift in attitudes is required in Ireland to reduce alcohol-related harm. The international evidence is strong in that to obtain that cultural shift and to reduce alcohol harm, no one measure will work in isolation. A multidimensional and multisectoral approach across a range of settings is needed. This is why the strategic task force on alcohol was established. The task force was asked to recommend evidence based measures to prevent and reduce alcohol related harm. The working group on alcohol established under the special initiative in Sustaining Progress will also make recommendations on a programme of actions to reduce alcohol-related harm. These recommendations and those of the STFA will address many of the proposals of the Dublin City Business Association.

Eating Disorders.

Gay Mitchell

Question:

126 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children her views on the National Heart Alliance report on the marketing of unhealthy foods to children in Europe; and if this matter will be raised at EU level. [38527/05]

I met the National Heart Alliance last week and discussed the report mentioned by the Deputy. I advised them that, as part of a UK EU Presidency initiative, a nutrition policy development group met specifically to discuss this issue. We are awaiting its report which will inform future EU policy in this field. An implementation plan for the Report of the National Task Force on Obesity is being developed by my Department, which will involve all relevant stakeholders, including the food industry. Additional funding of €3 million has been made available to the Health Service Executive, in the Book of Estimates to support the implementation of the report's recommendations.

Hospital Accommodation.

Paul Kehoe

Question:

127 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the failure of the Government to provide in the Estimates for 2006 moneys for a significant investment in additional hospital beds; and if she will make a statement on the matter. [38533/05]

The 2006 Estimates for the Health Service Executive includes €60 million to open new facilities built under the national development plan. These new facilities will include additional inpatient beds and day places in acute hospitals.

Hospital Staff.

Pádraic McCormack

Question:

128 Mr. McCormack asked the Tánaiste and Minister for Health and Children the position regarding the Labour Court recommendation in January 2005 that clinical psychology trainees should be in receipt of a salary; if this salary has been allocated to psychologists in clinical training; and if she will make a statement on the matter. [38534/05]

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

Health Services.

John Perry

Question:

129 Mr. Perry asked the Tánaiste and Minister for Health and Children if she will intervene with the Western Health Board on behalf of a person (details supplied); and if she will make a statement on the matter. [38546/05]

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.

Care of the Elderly.

Paul Kehoe

Question:

130 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the projections that have been made by her Department for the annual increase in the proportion of senior citizens in County Wexford due to the increasing numbers of retired people moving there from other parts of the country; and if she will make a statement on the matter. [38548/05]

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.

Paul Kehoe

Question:

131 Mr. Kehoe asked the Tánaiste and Minister for Health and Children her plans for new health infrastructure and resources, specific to County Wexford in view of the increasing numbers of retired people moving to County Wexford from other parts of the country to cope with the exceptionally high proportion of people in a vulnerable age bracket who are, or will be, resident in the county; and if she will make a statement on the matter. [38551/05]

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.

Consultancy Contracts.

Enda Kenny

Question:

132 Mr. Kenny asked the Tánaiste and Minister for Health and Children the consultants hired for the PICNIC GMS(P)B project; the amount paid to date in 2005; if the project is complete; the results of the evaluation of the project; and if she will make a statement on the matter. [38556/05]

The Health Service Executive, HSE, has indicated that the Professionals and Citizens Network for Integrated Care, PICNIC, project commenced in January 2000 and was co-ordinated during the first phase by the Danish Centre for Health Telematics and in the second phase by the General Medical Services (Payments) Board. The purpose of this EU research project was to develop common software components which could be used on a Europe-wide basis to support integrated health care.

The HSE has informed my Department that Integrity Consulting Partners Ltd., were retained initially by the GMS (Payments Board) to support the Irish contribution to the process. In late 2001, when the project was under review by the Commission, Ireland was requested to assume responsibility for overall co-ordination of the project and integrity consulting worked to provide project management and technical assistance to all members of the consortium across the project as a whole.

The project was completed in 2004 and the overall EU contribution was €3,511,015. Of the €274,000 expended on consultancy, €91,000 related to project management and €183,000 related to technical assistance across the project. The amount spent in 2005 in relation to the project totalled approximately €3,000 in relation to project closure administration tasks.

The project objectives included supporting the EU regions in the design and development of technology that would provide better integrated systems for health care. Such tools would be designed according to industry best practice in terms of systems integration, open architecture, shared benefit in terms of open source outputs and appropriate messaging standards.

The HSE has noted that, in Ireland, the designs and software components developed for use here have been used by the pharmacy systems vendors as the basis for the next generation of pharmacy systems and these enable much improved communication between community pharmacies and the Health Service Executive in the interests of providing a high quality service to the public.

The EU Project Review Report dated October 2003 concluded that the project had been successfully completed and that the deliverables were of good quality, that there was good use of existing internationally recognised standards and that there had been efficient project management. The EU Commission also noted that the deliverables on certification should be made widely available. I have asked the HSE to send a copy of the Project Review Report to the Deputy.

Ministerial Appointments.

Enda Kenny

Question:

133 Mr. Kenny asked the Tánaiste and Minister for Health and Children the reason the Public Appointments Commission is not being used for the selection and appointment of a CEO for the HIQA; and if she will make a statement on the matter. [38557/05]

The Interim Health Information and Quality Authority (Establishment) Order, No. 132 of 2005, provided for the establishment of the Interim Health Information and Quality Authority. Under Article 15(1), the interim authority may appoint a person to be the chief executive officer of the interim authority. I am advised by the interim authority that its chairperson discussed the executive resourcing services that the Public Appointment Services could provide regarding the recruitment of its chief executive. The interim authority concluded that the service addressed its requirements except in the key area of a search function. Following these discussions, on 22 March 2005 the interim authority invited seven organisations, including the PAS, to tender for the provision of executive recruitment services to the interim authority for the recruitment of its chief executive officer. Following a competitive process, the interim authority approved the appointment of PricewaterhouseCoopers. I am committed to publishing the heads of Bill for the establishment of HIQA in the near future. The legislation will contain provisions governing the recruitment of staff, including the chief executive officer.

Hospitals Building Programme.

Enda Kenny

Question:

134 Mr. Kenny asked the Tánaiste and Minister for Health and Children if a senior executive (details supplied) of the Health Service Executive has expressed concerns regarding its proposals to use State lands to build private hospitals; and if she will make a statement on the matter. [38558/05]

My Department has been in touch with the person referred to by the Deputy who has given a firm assurance that he has not expressed concerns regarding the Government's policy regarding private hospitals.

Health Services.

Michael Lowry

Question:

135 Mr. Lowry asked the Tánaiste and Minister for Health and Children the reason for the delay in making a decision to grant funding to a group (details supplied); when the section responsible will make a decision to approve funding; and if she will make a statement on the matter. [38563/05]

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 progressing existing capital projects or initiating new capital proposals. 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.

Departmental Assistance.

Seamus Kirk

Question:

136 Mr. Kirk asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the Irish Anaphylaxis Campaign; if her attention has further been drawn to the serious implications for persons affected by the condition; the way in which her Department could provide assistance; and if she will make a statement on the matter. [38576/05]

The Irish Anaphylaxis Campaign is based in Dublin and its purpose is to promote awareness of the needs of persons suffering from various allergies. Allergic reactions occur in response to a wide variety of environmental factors including chemicals, foods and pharmaceutical preparations and can manifest themselves in a variety of ways such as skin rashes, gastrointestinal abnormalities, etc. These allergic reactions can occasionally be so severe as to lead to serious illness and death. Some of the more widely know reactions are to peanuts, fish foods and drugs such as penicillin. This is why in the healthcare setting it is vital that drug allergies are identified, recorded and highlighted on patients charts.

The labelling of foodstuffs is regulated by a series of EU directives which make it obligatory for all food ingredients to be indicated on the label. A particular aim of these directives is to ensure that consumers suffering from food allergies or who wish to avoid eating certain ingredients for any other reason are informed of their presence. There is a specific requirement to mention potential allergens on food labels.

The health promotion unit of my Department has no plans to run a campaign on this topic before the end of the year. Such campaigns will be a matter for the Health Service Executive from January 2006. The provision of services to individuals affected by the condition is the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

John McGuinness

Question:

137 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason for the delay in providing cardiac rehab for a person (details supplied) in County Kilkenny; and if the matter will be expedited. [38581/05]

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.

John McGuinness

Question:

138 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if the medical or occupational therapist’s report regarding the accommodation needs of a person (details supplied) in County Kilkenny has been made available to Kilkenny County Council; and if the report and assistance of the Health Service Executive will be expedited. [38583/05]

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.

John McGuinness

Question:

139 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if transport will be provided for a person (details supplied) in County Carlow to a unit in Bagnelstown, County Carlow, in view of the fact that they have Down’s syndrome and need the support and services offered by the unit. [38584/05]

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.

Nursing Home Charges.

Bernard J. Durkan

Question:

140 Mr. Durkan asked the Tánaiste and Minister for Health and Children if a refund under the nursing home charges will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38621/05]

The general rules and policy relating to the national repayment scheme have been set out in previous parliamentary questions. These can be made available to the Deputy should he require them.

As the Health Service Executive has responsibility for administering the scheme, inquiries relating to individual cases are referred to the parliamentary affairs division of the executive. My Department has asked the HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

Bernard J. Durkan

Question:

141 Mr. Durkan asked the Tánaiste and Minister for Health and Children the reason a medical card has still not issued in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38622/05]

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 Accommodation.

John Perry

Question:

142 Mr. Perry asked the Tánaiste and Minister for Health and Children the standards used to distinguish between private rooms in hospitals where patients pay a yearly payment for their insurance with regard to maintenance and food; and if she will make a statement on the matter. [38624/05]

Under the Health (Amendment) Act 1991, hospital accommodation in public hospitals is designated as public, semi-private or private. The formal designation of any particular part of a hospital as semi-private or private does not oblige health insurance companies to reimburse subscribers who may be accommodated in that area of the facility. Each insurance company makes its own arrangements for the accommodation and other amenities which must be provided to its subscribers in order for them to be reimbursed the cost of availing of the facilities.

Nursing Home Charges.

Denis Naughten

Question:

143 Mr. Naughten asked the Tánaiste and Minister for Health and Children when she intends to publish legislation to refund nursing home overpayments; if the legislation will address the issue of charges in private nursing homes as well as public institutions; the reason for the delay in publishing the legislation; and if she will make a statement on the matter. [38626/05]

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 were wrongly charged and are alive and the estates of all those who were wrongly charged and died since 9 December 1998 will have the charges repaid in full. The scheme will not allow for repayments to the estates of those who died prior to that date. The repayments will include both the actual charge paid and an amount to take account of inflation using the consumer price index since the time the person involved was charged.

Persons who were in publicly contracted beds in private nursing homes are covered by the terms of the Supreme Court judgment. The Health (Nursing Homes) Act 1990 regulates the private nursing home sector. Under the nursing home subvention regulations the Health Service Executive makes a financial contribution to an individual towards the cost of his or her private nursing care provided he or she qualifies on means and dependancy grounds. The provisions of the Supreme Court judgment do not apply to individuals in private nursing homes who have entered these homes under the nursing home subvention scheme.

Draft heads of a Bill for a repayment scheme have been prepared and will shortly be submitted to Cabinet for approval. It is my intention to have legislation brought before the Oireachtas in the next parliamentary session and to have repayments commencing shortly after the Bill is approved and signed into law.

A national oversight committee has been appointed and has already begun its work. It will provide an independent input into the design of the scheme and will monitor the operation of the scheme in order to ensure that it is being implemented quickly and in the most equitable and effective way possible.

The scheme will be designed and managed with the aim of ensuring that those who are eligible for repayments receive them as soon as possible and with the minimum possible imposition in terms of bureaucracy. Priority will be given to those who are still alive. Many of those eligible for repayments have already been identified as a result of initial payments made following my announcement in December 2004. The scheme will include a transparent and thorough appeals process.

Any person who considers that he or she or a family member may be eligible for repayment may register his or her interest in advance with the Health Service Executive, by writing to the National Refund Scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly or e-mail to refundscheme@mailq.hse.ie or by calling the helpline 1800 777737 during office hours.

Care of the Elderly.

John Perry

Question:

144 Mr. Perry asked the Minister for Finance if he has plans to exempt the 21% VAT charged on security alarms for elderly old aged pensioners; and if he will make a statement on the matter. [38510/05]

The position is that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. The purchase of a pendant alarm system and its monitoring are subject to the standard rate of 21%. The installation of such a system, where it includes the purchase of such an alarm, is generally subject to the reduced rate of 13.5%.

Under the Sixth VAT Directive, member states may retain the zero rates on goods and services which were in place on 1 January 1991 but cannot extend the zero rate to other goods and services. As the supply of home security systems was not subject to the zero rate on 1 January 1991, it is not possible to apply the zero rate to these goods or services. There is no provision in EU VAT law that would allow for the abolition of VAT on home security systems.

However, I would add that under the Value Added Tax (Refund of Tax) (No. 15) Order 1981, it is possible to obtain a VAT refund in respect of the purchase of a pendant alarm system, as it is considered a medical device for the purpose of this refund order. Monitoring and maintenance fees are not recoverable. Applicants should contact the Revenue Commissioners, VAT Repayments, Unregistered Section, Kilrush Road, Ennis, County Clare.

As the Deputy is aware, a scheme of community support for older people is operated by the Department of Community, Rural and Gaeltacht Affairs. The purpose of the scheme 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 small scale security equipment designed to strengthen points of entry to the dwelling; for security lighting; for smoke alarms; and for the once-off cost of installing socially monitored personal alarm systems. Annual monitoring fees or maintenance fees associated with socially-monitored alarm systems are not provided for under the scheme.

The VAT refund for the purchase of a personal security alarm by or on behalf of a disabled or elderly person combined with the scheme of community support for older people outlined above are important measures that go towards ensuring that those who are most in need of security systems can avail of them.

Mobile Telephony.

John Gormley

Question:

145 Mr. Gormley asked the Minister for Finance if he is in receipt of correspondence from a company (details supplied) informing him that the company does not intend to deactivate its mobile phone base stations located on a house (details supplied) in Dublin 6; if he was in receipt of this correspondence when he answered a previous question on this issue on 24 November 2005; the steps he will take to ensure that the company reverses this position; and if he will make a statement on the matter. [38536/05]

The company referred to informed the Commissioners of Public Works in a letter received on 25 November that it did not intend to comply with the request to deactivate its telecommunications equipment installed on the State owned building referred to. The commissioners have requested the company to reconsider its decision and will not grant any further licences in respect of State buildings to the company, pending the report of the interdepartmental committee on the health effects of electromagnetic radiation.

Pension Provisions.

Liz O'Donnell

Question:

146 Ms O’Donnell asked the Minister for Finance the provision made for income tax relief on pension provision for a carer employed by a person, in that person’s home; the reason a carer contractually employed in the home in full tax compliance, cannot have tax provision made for them on the same basis as if they were employed in the same role in a nursing home or hospital; and if he will make a statement on the matter. [38540/05]

I am informed by the Revenue Commissioners that there is no general tax pension relieving provisions aimed specifically at employed carers. However, the general tax pension relieving provisions as apply to employees will apply to employed carers. First, an employee who is not in a Revenue approved occupational pension scheme may effect either: (a) a retirement annuity contract; or (b) a personal retirement savings account, PRSA, and claim tax relief, subject to certain restrictions, in respect of his or her contributions to such schemes.

Second, where an employer has in place a Revenue approved occupational pension scheme, under Chapter 1, Part 30 of the Taxes Consolidation Act 1997, the employee may claim, subject to certain restrictions, tax relief on his or her contributions to such scheme. With effect from 13 September 2003, where an employer does not provide an occupational pension scheme or an additional voluntary contribution facility, such employer must provide access for an employee to at least one standard PRSA and the policing of this rests with the Pensions Board.

Decentralisation Programme.

Liz O'Donnell

Question:

147 Ms O’Donnell asked the Minister for Finance if preconditions in regard to decentralisation are applied to existing contracted staff in Government agencies if and when their position becomes established; if those contracted staff in Government agencies are entitled to apply and be considered for the same established position, if and when that established position is advertised; if the decentralisation of Government agency staff is to be done on a purely voluntary basis; and if he will make a statement on the matter. [38541/05]

Government's decentralisation programme announced in budget 2004 provides for the transfer of 10,300 Civil Service and public sector posts from Dublin to other locations. Almost all Departments are involved, either wholly or partly. A number of semi-State organisations are also involved in the programme.

There are a number of cases in which Civil Service unions and staff are seeking confined competitions to appoint unestablished staff, who are in many instances employed on contract, to established posts within the Civil Service. Policy in regard to decentralisation in these cases is being developed in the context of a draft agreement on promotions which has been under discussion between management and the Civil Service unions for some time.

This draft agreement covers both interdepartmental promotion competitions and internal promotions. In regard to interdepartmental promotions, all appointees from such competitions must agree to relocate with their new post. In regard to internal promotions, where a Department is decentralising in its entirety, from 52 weeks before decentralisation, all promotions in the Department will be made on the basis of a written commitment by promotees to relocate; where a Department is partially decentralising, from 52 weeks before decentralisation, one-half of all promotions will be made on that basis.

Pending final agreement with Civil Service unions and to ensure that the staffing needs of Departments and offices continue to be met, interdepartmental competitions are currently being held on the basis of this draft agreement. In addition, Departments and offices have been asked by the Department of Finance to follow the procedures in the draft in regard to internal promotions. It is expected that the agreement will be finalised shortly.

As the general principle that promotees should be asked to agree to decentralise is now being implemented in both interdepartmental and internal promotions in accordance with the draft agreement, it is clearly essential that the possibility of applying the same condition in the cases of contract staff applying for established posts should also be considered. These cases are being examined by the Department of Finance and the relevant Departments and offices. They are also being discussed with the relevant trade unions.

The Deputy will be aware that the decentralisation programme is voluntary; that is, staff may opt to decentralise with their post or to another post in a decentralised location, or they may opt to remain in Dublin.

Tax Collection.

Bernard J. Durkan

Question:

148 Mr. Durkan asked the Minister for Finance when refund of income tax will issue in the case of a person (details supplied) in County Kildare who was stopped €133.91 tax by their employer; and if he will make a statement on the matter. [38594/05]

I have been advised by the Revenue Commissioners that a refund of all tax deducted for 2005 in the sum of €546.58 was made by the taxpayer's employer on 11 September 2005 and that the taxpayer has paid no further tax since that date.

Annual Leave Entitlements.

Denis Naughten

Question:

149 Mr. Naughten asked the Minister for Finance the policy of his Department in regard to civil servants who resign or retire with a complement of annual leave untaken; if a civil servant is entitled to receive pay in lieu of the untaken leave; and if he will make a statement on the matter. [38596/05]

Provisions regarding annual leave in the Civil Service are set out in circulars issued by my Department from time to time. The most recent circular was 27/03 issued in 2003, a copy of which I have arranged to be supplied to the Deputy. Minimum legal entitlements regarding annual leave are determined by the Organisation of Working Time Act 1997, which are reflected as appropriate in Civil Service provisions. In general, Civil Service annual leave arrangements are more beneficial than the minimum requirements provided for in that Act.

Civil Service policy with regard to staff who resign or retire is that every effort should be made to ensure that such officers are facilitated in taking any annual leave entitlement, including carryover leave, in advance of ceasing employment including, for example, the completion of a period of annual leave immediately prior to retirement. Where, despite such efforts, a portion of an officer's annual leave allowance remains untaken at the point of cessation of service, payment at rates specified in circular 27/03 may be made in respect of the untaken portion.

Energy Resources.

David Stanton

Question:

150 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources if a feasibility study has been carried out on the need to construct a new interconnector between Ireland and Britain to enable the further development of wind energy here; the situation regarding wind energy; and if he will make a statement on the matter. [38649/05]

Security of supply in regard to energy is a key policy objective. The relatively small size of our national electricity market heightens the need for greater interconnection as a means of enhancing security of supply, promoting competition and integrating the Irish electricity market into the wider European market. In this context, it remains my intention to progress the development of east-west electricity interconnection with Great Britain as a matter of priority.

At my request, the Commission for Energy Regulation, CER, explored the options for the development of east-west electricity interconnection. The CER appointed consultants to advise on the financial, technical, commercial and procurement aspects of the development. The report of the consultants, which is now complete, includes a technical and legal review and a consideration of regulatory and procurement aspects. A consultation process was also undertaken with parties who expressed an interest.

A decision on how best to take the east-west electricity interconnection project forward, be it on a regulated or a hybrid regulated or merchant basis, is the next step and such determination will be informed by the advice of the CER in the matter, which I expect to receive shortly.

The development of an east-west electricity interconnection would also, in theory at least, increase the capacity of wind powered electricity generating plants which could connect to the national grid without compromising system security. However the actual increased capacity which could be connected after the commissioning of an east-west electricity interconnection will depend on a variety of factors, including the amount of wind powered capacity connected to Great Britain, the nature and point of the interconnection and protocols for operating the interconnection and accessing or allocating the available capacity. Pending a decision on how best to take the east-west electricity interconnection project forward and subsequent decisions, it is premature to speculate on the additional wind powered capacity that might be connected subsequently without compromising system security.

In the near term the priority is to launch the renewable energy feed in tariff, REFIT, support measure to ensure we more than double the amount of renewable energy powered electricity plant connected to the electricity network from 675 MW currently to 1,450 MW by 2010.

Proposed terms and conditions of the REFIT programme were posted on my Department's website, www.dcmnr.gov.ie, for public comment last September. Approximately 30 responses were received. Those submissions have been evaluated and incorporated into the REFIT programme where appropriate.

We are currently seeking legal advice on a proposed finalised document to launch REFIT. It will be published as soon as legal approval is received and after the practical arrangements to print and make available the detailed notes are completed.

State Airports.

Aengus Ó Snodaigh

Question:

151 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will amend the terms of the order allowing United States use of Shannon Airport to allow for periodic inspections of these planes by the Garda Síochána in view of the findings of the Swedish parliamentary investigation that the CIA violated Swedish law using a plane that has landed in Shannon Airport on at least 16 occasions since 2000. [38647/05]

Policy with respect to landings by foreign military aircraft is based on the Air Navigation (Foreign Military Aircraft) Order 1952. This gives the Minister for Foreign Affairs discretion in the granting of permission to foreign military aircraft to overfly or land in the State. Permission is normally granted on certain conditions, such as that the aircraft is unarmed, is not carrying arms, ammunition or explosives, is not engaged in intelligence gathering and is not taking part in military exercises or operations. These conditions are not legal requirements but are policy stipulations which are applied at the discretion of the Minister for Foreign Affairs and which can be waived or varied at any time. On the other hand, policy with respect to landings by civilian aircraft is primarily a matter for the Minister for Transport. Both the Minister for Justice, Equality and Law Reform and I have consistently made it clear that if anyone has evidence to demonstrate that prisoners have been wrongly and unlawfully transferred through Irish territory, then that evidence should be given to the Garda Síochána. I am not aware of any such evidence. The matter would then become an issue of law enforcement, albeit with an interstate dimension.

During my visit to the United States last week, I met the US Secretary of State, Dr Condoleezza Rice, in Washington DC. I raised with her the allegations that have been made regarding the rendition of prisoners and the use of Irish airports. As the Taoiseach made clear to the House earlier this week, the Secretary of State confirmed the assurances that we have previously received from the US authorities that prisoners have not been "rendered" through Irish airports or airspace, nor would they be, without the permission of the Irish authorities first being sought. No such request for permission has been received.

Work Permits.

Tom Hayes

Question:

152 Mr. Hayes asked the Minister for Enterprise, Trade and Employment if a person (details supplied) in County Tipperary will be approved for permanent employment if requested by a prospective employer here; and if so, the reason difficulties arose with his office in the course of inquiries by such an employer. [38544/05]

The work permit section of my Department informs me that it has no record of a work permit application based on the information supplied by the Deputy.

However, individuals can transfer from a holiday working visa to a work permit where there is a continuity of work and an established employment relationship exists between an employer and an employee.

Trade Statistics.

Arthur Morgan

Question:

153 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the value and percentage of overall trade between here and other members of the eurozone in each year since the introduction of the single currency and the percentage increase or decrease in the volume of trade over that period. [38571/05]

The euro was adopted by 12 member states on 1 January 2002 and in the three complete calendar years since that date, the relevant details are as follows: in 2002, the value of overall trade, imports and exports, to other members of the eurozone was €47.623 billion. Total trade in 2002, to all countries, amounted to €149.081 billion. Overall trade with members of the eurozone in 2002, as a percentage of total trade, therefore, was 31.9%.

In 2003, the value of overall trade, imports and exports, to other members of the eurozone was €44.531 billion. Total trade in 2003, to all countries, amounted to €129.941 billion. Overall trade with members of the eurozone in 2003, as a percentage of total trade, therefore, was 34.3%.

In 2004, the value of overall trade, imports and exports, to other members of the eurozone was €48.197 billion. Total trade in 2004, to all countries, amounted to €133.991 billion. Overall trade with members of the eurozone in 2004, as a percentage of total trade, therefore, was 36%.

Overall trade with eurozone countries increased by 1.2% between 2002 and 2004 while total trade with all countries decreased by 10.2% in the same period.

Arthur Morgan

Question:

154 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the value and percentage of overall trade between here and England, Scotland and Wales in each year since the introduction of the single currency and the percentage increase or decrease in the volume of trade over that period. [38572/05]

The euro was adopted on 1 January 2002 and in the three complete calendar years since that date, the relevant details of overall trade, imports and exports, with England, Scotland and Wales are as follows: in 2002, €39.94 billion; in 2003, €27.1 billion; in 2004, €27.7 billion. Between 2002 and 2004 there was a decrease of 30% in overall trade.

Arthur Morgan

Question:

155 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the value and percentage of overall trade between here and Northern Ireland in each year since the introduction of the single currency and the percentage increase or decrease in the volume of trade over that period. [38573/05]

The euro was adopted on 1 January 2002 and in the three complete calendar years since that date, the details of overall trade, imports and exports, with Northern Ireland, are as follows: in 2002, €2.646 billion; in 2003, €2.451 billion; in 2004, €2.522 billion. Between 2002 and 2004 there was a decrease of 5% in overall trade.

Job Creation.

Trevor Sargent

Question:

156 Mr. Sargent asked asked the Minister for Enterprise, Trade and Employment the number of new foreign companies brought by the IDA to Limerick city, Limerick county and north Tipperary since 2000; the breakdown of the jobs created each year; the number of jobs in those companies; the number of jobs originally projected in those companies; and if he will make a statement on the matter. [38577/05]

IDA Ireland is the agency with statutory responsibility for attracting foreign direct investment, FDI, to Ireland and its regions. While I may give general policy directives to IDA Ireland, I am precluded under the Industrial Development Acts from giving directives regarding individual undertakings or from giving preference to one area over others.

A total of four new greenfield projects by foreign companies have been approved for Limerick city and county and north Tipperary since 2000, one each in 2000, 2001, 2003 and 2004. The total number of jobs projected for these companies was 447. It would take several years — perhaps up to seven — to reach the projected total. By the end of 2004, 66 jobs were in place.

Apart from these greenfield projects a total of 13 expansion projects were approved for Limerick city and county and north Tipperary, with a projected total of 1,543 jobs, during this period.

Social Welfare Benefits.

Dan Neville

Question:

157 Mr. Neville asked the Minister for Social and Family Affairs when rent allowance will be awarded to a person (details supplied) in County Limerick. [38503/05]

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. The western area of the executive has advised that it has requested additional information from the person concerned regarding his application for rent supplement. When the executive receives this information from him, it will be in a position to determine his entitlements.

Pension Provisions.

Tom Hayes

Question:

158 Mr. Hayes asked the Minister for Social and Family Affairs if he will address the issue of pensions for Irish missionaries returning here for holidays; the number of persons affected and if it will be restored by excluding these persons from the habitual residency condition. [38528/05]

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. The old age non-contributory pension scheme is one of the schemes affected. The basis for the restriction contained in the new rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor.

The effect of the restriction is that a person whose habitual residence is in the United States, Europe, Africa or elsewhere is not paid certain social welfare payments, including old age non-contributory pensions, 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 particular 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. The habitual residence condition does not affect missionaries returning to Ireland on a permanent basis. They still qualify immediately for an old age pension or any other social welfare support on the same basis as heretofore if they meet the standard criteria.

The application of the habitual residence condition has to be compatible with EU law and other international and national legal obligations and it is not possible in applying the condition to discriminate in favour of any particular group or nationality. It is not possible to waive the habitual residence requirement in respect of Irish missionaries who return home on holiday.

While exact details of the occupation of claimants assessed under the habitual residence condition are not maintained, it is estimated that 206 old age non-contributory pension claims made by religious have been decided on since 1 May 2004. Of these cases, 142 were deemed to satisfy the habitual residence condition, while 64 were found not to satisfy the condition.

The habitual residence condition is being operated in a very careful manner to ensure that the social welfare system is not open to everyone who is newly arrived in Ireland, while at the same time ensuring that people whose cases are appropriate to the Irish social welfare system have access to the system when they need it.

Social Welfare Benefits.

Paul Kehoe

Question:

159 Mr. Kehoe asked the Minister for Social and Family Affairs the number of heroin addicts who have been resettled in Gorey, County Wexford under the auspices of and with assistance by his Department; and if he will make a statement on the matter. [38547/05]

Paul Kehoe

Question:

162 Mr. Kehoe asked the Minister for Social and Family Affairs the number of persons evicted from private or local authority housing for anti-social behaviour in other parts of the country who have been resettled in County Wexford under the auspices of any of his Department’s current programmes or procedures; and if he will make a statement on the matter. [38604/05]

It is proposed to answer Questions Nos. 159 and 162 together.

The supplementary welfare allowance, SWA, scheme, of which rent supplement is a component, is administered by the community welfare division of the Health Service Executive on my behalf. The rent supplement scheme is designed solely to provide support to individuals who are not in a position to provide for their own accommodation needs.

The southern area of the community welfare division of the executive, which administers the rent supplement scheme in the County Wexford area, has advised that it does not maintain statistics on the medical or addiction status of recipients or their previous tenancy history elsewhere. Accordingly it is not possible to provide the information sought by the Deputy. The southern area has also advised that it has no knowledge of any particular housing resettlement programme in County Wexford involving rent supplementation under the SWA scheme.

Tony Gregory

Question:

160 Mr. Gregory asked the Minister for Social and Family Affairs if the decision to withdraw the fuel allowance from a person (details supplied) in Dublin 7 will be reviewed. [38591/05]

As announced in the budget, I have made provision to extend the fuel allowance to people in local authority accommodation with communal heating services. I am pleased to inform you that the person concerned will have her free fuel allowance restored with effect from January 2006, backdated to the start of the present heating season.

Social Welfare Code.

Paddy McHugh

Question:

161 Mr. McHugh asked the Minister for Social and Family Affairs if he will extend the terms of the dental and optical treatment benefit scheme to cover children of qualifying parents. [38602/05]

The treatment benefit scheme operated by my Department provides a range of benefits in the areas of dental, optical and aural treatment for qualified PRSI contributors who are over 16 years of age and their dependent spouses. In budget 2006, an alternative condition of 26 paid contributions was introduced which reduces the previous requirement from 39 paid contributions allowing an extra 37,817 customers to retain eligibility. The availability of these benefits are subject to certain other PRSI contribution conditions. The PRSI contribution classes which qualify for treatment benefit are A, E, H and P. There are no plans to extend the treatment benefit scheme to include dependent children.

I understand from my colleague, the Minister for Health and Children, that under the Health Act 1970, optical and dental care is available to all national school children and children who are dependants of medical card holders. Where a defect is identified as a result of an examination carried out in accordance with these arrangements, the Health Service Executive continue to provide treatment until the child reaches 16 years of age.

Question No. 162 answered with QuestionNo. 159.

Social Welfare Benefits.

Catherine Murphy

Question:

163 Ms C. Murphy asked the Minister for Social and Family Affairs the reason there is a delay in deciding cases under the habitual residency rule, which applies to persons living outside the State for two years; if his attention has been drawn to the hardship this is creating for some applicants; his plans to do to reduce the waiting time; and if he will make a statement on the matter. [38605/05]

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. A central unit was set up to monitor the implementation of the habitual residence condition. An important function of the central unit is to make decisions on complex cases. The unit also provides advice and support, on an ongoing basis, to staff in social welfare offices and scheme areas. This includes circulation of guidelines and updates on the administration of the scheme as appropriate. Decisions to the effect that applicants satisfy the habitual residence condition are made in the majority of cases at claim acceptance stage by deciding officers at local level throughout the country.

Since 1 August 2005, decisions on child benefit cases have been dealt with in child benefit section in Letterkenny and from 7 November 2005, decisions on disability allowance and carer's allowance have been made in Longford headquarters. At present, decisions on complex cases for other scheme types are being made in the central unit. In the period from May 2004 to 2 December, a total of 25,026 complex cases have been decided. Some 75% of these cases were found to satisfy the habitual residence condition.

My Department has carried out a number of measures to reduce the time taken to process complex cases dealt with in the central unit. These include the deployment of additional temporary staff, the use of overtime and the setting up of fast tracking decision for cases where appropriate. These measures, combined with the devolution of decision-making on all child benefit, disability allowance and carer's allowance cases to the relevant scheme section have achieved a significant reduction in the number of cases on hand in the central unit and claim processing times.

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 claimants, the organisational arrangements and the level of service provided to customers, to identify opportunities for improvements in the administration of the scheme and identify emerging policy issues and consider how these should be addressed.

Road Network.

Róisín Shortall

Question:

164 Ms Shortall asked the Minister for Transport the statutory instrument that requires a local authority or contractor to apply the National Roads Authority’s manual of contract documents for roadworks or the National Roads Authority’s design manual for roads and bridges or the Department of Environment, Heritage and Local Government’s surface dressing manual and traffic signs manual or other such National Roads Authority or Department of Environment, Heritage and Local Government’s road work standards. [38585/05]

I refer the Deputy to my reply to Questions Nos. 158 to 161, inclusive, on 1 December 2005.

The planning, design and implementation of national road improvement projects, including the specification of standards under section 19 of the Roads Act 1993, is a matter for the NRA. I understand that the NRA's design manual for roads and bridges, which was originally published in December 2000, contains standards and advice notes relating to the design, assessment and operation of national roads in Ireland. The NRA requires that the design manual be used on all projects for the construction and or improvement of national roads. While the design manual is not a statutory document, the NRA, as the agency with responsibility for the construction and maintenance of the national roads network and the funding of individual projects, requires that the technical standards specified in the document be adhered to.

The NRA's specification for road works, which was originally published in March 2000, contains detailed specifications for all elements of road works. The full document or relevant parts are included as part of the contract documents for individual road construction or improvement projects and must therefore be complied with as a contractual obligation. While the design manual and specification are intended primarily for use on national roads, I understand that the documents may be used, at the discretion of road authorities, on non-national roads.

There are no statutory minimum standards for road resurfacing. I am informed that the NRA's specification for road works and design manual for roads and bridges include requirements in terms of road surfacing and re-surfacing. Guidance and recommendations regarding the provision and use of warning signs for road works, including road surfacing and surface dressing operations, are set out in chapter eight of the traffic signs manual published by my Department.

The present manual, which constitutes a direction given to road authorities by the Minister for Transport pursuant to section 95 (16) of the Road Traffic Act 1961, is currently the subject of a comprehensive review. A draft of the chapter of the manual relating to the traffic sign system applied at roadwork sites has been prepared. The draft document is now in the process of being issued to local authorities and other interested parties to afford them the opportunity to provide input before its publication, which is expected in the first quarter of 2006.

Rail Network.

Aengus Ó Snodaigh

Question:

165 Aengus Ó Snodaigh asked the Minister for Transport the steps he will take to ensure funding for the complete outlying design scheme for the Dublin to Navan and Kells railway; and if that funding will be made available for completion of the outlying design scheme in 2006. [38529/05]

Aengus Ó Snodaigh

Question:

166 Aengus Ó Snodaigh asked the Minister for Transport the process he will use to ascertain the costs involved in reinstating the Navan line and the timescale he is providing for completion of the cost estimates. [38530/05]

I propose to take Questions Nos. 165 and 166 together.

Transport 21 provides for the development of the rail line from Dublin to Navan in two phases. Design work on phase one, a spur from the Maynooth line at Clonsilla to Pace, will be undertaken by Iarnród Éireann during 2006 and I expect to receive a business case for the project before the end of 2006. The company will also commence studies on the extension of the line to Navan and will report to me on the matter. The necessary funding in respect of the design work and the studies will be provided in my Department's Estimates in 2006.

Industrial Relations.

Eamon Ryan

Question:

167 Mr. Eamon Ryan asked the Minister for Transport his role in the lobbying by Aer Lingus management for an exemption to equality law in view of recent revelations regarding same. [38538/05]

The exemption to which the Deputy is referring arises from a Government amendment proposed and accepted on Dáil Committee Stage of the Equality Bill 2004. The Bill, which was subsequently enacted as the Equality Act 2004, implemented Council Directive 2000/78/EC — employment directive.

Aer Lingus sought the amendment to protect and underpin existing collective agreements with the trade unions that provide for seniority of staff in Aer Lingus. Those existing agreements provide that, for staff recruited on the same day, their seniority is determined by age. In effect, it is a tie-breaker agreed collectively between staff and employers.

My Department facilitated and attended a meeting between Aer Lingus and IBEC and the Department of Justice, Equality and Law Reform to examine the issue on behalf of Aer Lingus and other employers. On foot of that meeting and following legal advice sought by the Department of Justice, Equality and Law Reform, a Government amendment was proposed and accepted on Dáil Committee Stage of the Bill. The amendment was designed to protect the industry structure agreement from a challenge on age discrimination grounds and is in compliance with Article 6 of the framework employment directive, 2000/78/EC, which permits differences of treatment on age grounds where these are objectively and reasonably justified by a legitimate aim.

Road Network.

Róisín Shortall

Question:

168 Ms Shortall asked the Minister for Transport, further to Question No. 160 of 1 December 2005, if ministerial approval has been issued under section 19(g) of the Roads Acts 1993; when in practice section 19(a) of that Act has been applied and when in practice section 19(g) of that Act has been approved in relation to road works; the role he and his predecessors have played in the approval of standards under section 19 of that Act; and the standards approved by him or former Ministers under this section. [38586/05]

An approval has not issued to the National Roads Authority, NRA, under section 19(1)(g) of the Roads Act 1993. Section 19(1) of the Roads Act 1993 which sets out specific functions of the NRA relating to national roads came into force on 1 January 1995, as provided for in SI No. 399 of 1994. Subsection (1)(a) empowers the NRA to prepare or arrange for the preparation of road designs.

Vehicle Regulations.

Róisín Shortall

Question:

169 Ms Shortall asked the Minister for Transport his plans in relation to NCT standards vis-à-vis the modification of vehicles, including the banning of tinted windows and modified exhausts; when proposals will be brought forward in this regard; if he intends to proceed by primary or secondary legislation; the consultations he has had with the European Union in relation to this proposal and where these stand; and if he will make a statement on the matter. [38587/05]

Concerns have been expressed to me about modifications to motor vehicles involving excessively blacked-out windows and noisy exhaust systems and it has been suggested that modifications should be made to the NCT to address these concerns. To do so would require amendments to the construction, equipment and use of vehicles regulations and the NCT regulations. However, before such amendments could be made, it would be necessary to develop technical standards in relation to the opacity of glazing and exhaust noise emissions. I am not in a position at this stage to indicate when proposals will be brought forward in relation to these matters. I have not had discussions with the European Commission or other member states regarding these matters.

Rail Network.

Catherine Murphy

Question:

170 Ms C. Murphy asked the Minister for Transport if further resources will be allocated to Iarnród Éireann in order that they can expand train services on the Longford to Dublin line, servicing Kilcock and Enfield; and if he will make a statement on the matter. [38610/05]

The frequency and timing of rail services is an operational matter for Iarnród Éireann. However, the rolling stock acquisition programme announced as part of Transport 21 will mean that Iarnród Éireann will be operating one of the most modern rail fleets in Europe by the end of 2008. As well as allowing for increased frequency on all intercity services, the new rolling stock will translate into significant improvements in reliability and comfort for outer-suburban passengers, including commuters from Kilcock and Enfield on the Longford service.

Iarnród Éireann recently announced service improvements to take effect from 11 December. These include improvements to the Longford service, made possible by the introduction of 36 new diesel railcars into service. The capacity of the 7 a.m. train from Longford will be increased from 6 to 8 carriages. Reliability of services will be improved, and some timetable adjustments will be made in response to customer feedback.

Public Transport.

Dan Boyle

Question:

171 Mr. Boyle asked the Minister for Transport if he will issue guidelines ensuring that all existing and new public transport, in particular trains, are adaptable for use by cyclists transferring from transport modes. [38653/05]

I wish to advise the Deputy that I have no function in relation to this matter. A decision on cycle access to public transport is a day-to-day operational matter for the transport companies concerned. However, I contacted Iarnród Éireann on the matter and the company states that all new Intercity carriages and Intercity railcars currently under construction are being built with provision for conveying bicycles. Iarnród Éireann also states that bicycles are carried in the vestibules of commuter trains at off-peak times but are restricted during the morning and evening commuter peak period into and out of Dublin. Safe storage provision with CCTV surveillance is increasingly being provided at commuter rail stations.

Food Safety Standards.

Trevor Sargent

Question:

172 Mr. Sargent asked the Minister for Agriculture and Food her views on the recent decision of the European Food Safety Authority to allow the use of formaldehyde as a growth enhancer in chicken feed; and the steps she will take to ensure producers and consumers are informed on the matter. [38511/05]

Feed additives are regulated at EU level under Regulation (EC) 1831/2004. Formaldehyde is currently authorised for use as a preservative in skim milk for use in pig nutrition. Following an application for authorisation, the European Food Safety Authority published an opinion in September 2004 concerning the use of formaldehyde in feed for fattening chickens. Despite this opinion, which was mostly favourable, the Commission expressed concerns about the use of the additive and referred the matter for further scientific evaluation. This new evaluation is ongoing, and in the meantime, formaldehyde is not currently authorised for use in chicken feed.

Sugar Beet Industry.

Paul Kehoe

Question:

173 Mr. Kehoe asked the Minister for Agriculture and Food if compensation will be awarded to landowners whose land was used to grow beet as part of the overall compensation scheme arising from the recent EU talks on the future of the sugar beet industry here (details supplied). [38531/05]

The recent agreement on the reform of the EU sugar regime provides for partial compensation, to be paid as part of the single payment scheme, for beet growers for the drop in the minimum price of beet. In the event that sugar production ceases in Ireland, a once off payment of almost €44 million would be available for growers and a restructuring fund of up to €145 million would become available to provide compensation for the economic, social and environmental costs arising from factory closure. The agreement provides that 10% of the restructuring fund shall be reserved for sugar beet growers and machinery contractors to compensate notably for losses arising from investment in specialised machinery.

The formal legal texts giving effect to the agreement will be adopted by the Council of Ministers early next year after the opinion of the European Parliament has been received. The Commission will then come forward with proposals for detailed implementing rules. Pending the adoption of the relevant regulations it is not possible to give further definitive information.

Direct Payment Schemes.

John Perry

Question:

174 Mr. Perry asked the Minister for Agriculture and Food when the single payment will be issued to a person (details supplied); and if she will make a statement on the matter. [38545/05]

An application under the single payment scheme was received from the person named on 27 April 2005. This application has now been fully processed and payment will shortly issue to the person named.

Land Annuities.

Paul Connaughton

Question:

175 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding a person (details supplied) in County Galway in relation to land purchase annuities; the cost of clearing the annuities under the new buy-out scheme; and if she will make a statement on the matter. [38552/05]

It is my intention to commence the proposed annuity buy-out scheme on 1 January 2006. The scheme will operate for a period of six months ending on 30 June 2006. I propose to write to all annuitants in advance of the commencement of the scheme and will provide each with an application giving details of the amounts required to buy out their annuity and information on how to make their payment.

Direct Payment Schemes.

Paul Connaughton

Question:

176 Mr. Connaughton asked the Minister for Agriculture and Food the outcome of an application by a person (details supplied) in County Galway for a single payment allocation from the national reserve; and if she will make a statement on the matter. [38553/05]

The person named submitted an application for an allocation of entitlements from the single payments scheme national reserve under categories B (II) and D.

Category B caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002. Category D caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year.

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 National 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 early in 2006. The Department will be in touch with individual applicants as soon as their applications are fully processed.

Registration of Title.

Paul Connaughton

Question:

177 Mr. Connaughton asked the Minister for Agriculture and Food if the necessary documentation concerning an agreement for exchange of holding involving a person (details supplied) will be expedited to the Land Registry Office; and if she will make a statement on the matter. [38555/05]

Vesting in this case has just been completed and the relevant documentation will be lodged in the Land Registry Office as soon as possible taking into account the provisions of section 8 of the Land Act 2005 concerning possible objections to the vesting order.

Animal Diseases.

Dan Neville

Question:

178 Mr. Neville asked the Minister for Agriculture and Food the poultry disease that caused the Department to destroy a flock of turkeys and chickens on a farm (details supplied). [38566/05]

The flock to which the Deputy refers had a confirmed outbreak of mycoplasma gallisepticum. This is not an uncommon condition in poultry and does not generally have implications for human health. The flock in question was slaughtered due to the particular circumstances involved and at the request of the flock owner. No compensation is payable for this condition but the Department has paid for the slaughter and disposal of the flock.

Grant Payments.

John Perry

Question:

179 Mr. Perry asked the Minister for Agriculture and Food when the single payment will be released to a person (details supplied); and if she will make a statement on the matter. [38589/05]

The person named lodged an application for Inheritance under the single payment scheme. This application has been successfully processed and payment will issue as soon as possible.

Animal Welfare.

Tony Gregory

Question:

180 Mr. Gregory asked the Minister for Agriculture and Food if the activities of the Ward Union Hunt (details supplied) will be reviewed if the context of her responsibilities under the Protection of Animals Kept for Farming Purposes Act 1984; and if she will make a statement on the matter. [38590/05]

Statutory responsibility for the monitoring of the Ward Union Hunt rests with my colleague the Minister for the Environment, Heritage and Local Government under the provisions of the Wildlife Act 1976. I understand that a veterinary surgeon engaged by the Department of the Environment, Heritage and Local Government monitors the welfare of deer hunted by the hunt club.

I am advised that the Protection of Animals Kept for Farming Purposes Act 1984 does not apply to deer.

Questions Nos. 181 and 182 answered with Question No. 24.

Agricultural Production.

Bernard J. Durkan

Question:

183 Mr. Durkan asked the Minister for Agriculture and Food her plans for the expansion of agricultural production in the years to come; and if she will make a statement on the matter. [38634/05]

Agricultural output, at basic prices, reached its highest ever level in 2004 and there is a similar situation for food industry output in 2003, the latest years for which CSO statistics are available.

The future direction of the whole agri-food sector will be the subject of a new plan of action, which I will launch in early 2006. That plan will be informed by the detailed analysis of the sector provided in the agri-vision report 2015.

Beef Exports.

Bernard J. Durkan

Question:

184 Mr. Durkan asked the Minister for Agriculture and Food her plans for the development of the beef, lamb and pig meat industries in the future; and if she will make a statement on the matter. [38635/05]

Beef production is extremely valuable to the Irish economy with a €1.4 billion export value representing almost 25% of total Irish agri-food exports. In 2004, Ireland produced 560,000 tonnes of beef and exported 495,000 tonnes. Almost 90% of these exports went to EU markets with this trend continuing in 2005. The outlook for 2006 is for Irish beef production to increase by 5%, contrasting with a decreasing production trend throughout continental Europe. The overall EU beef market is again forecast to remain in deficit next year by approximately 350,000 tonnes. This will create a positive market environment and should maintain good demand for Irish beef in our key markets with good prices being achieved. The shift in recent years to EU markets for the vast bulk of our beef exports strengthens our position from a strategic point of view as an increased presence in this sophisticated high value market is seen as the key to the success of the beef industry in the long term.

The 2003 mid-term review of the Common Agricultural Policy has allowed Irish beef farmers to farm exclusively for the market as premia have been replaced with a single decoupled payment. Farmers can now specialise in enterprises at which they have a comparative advantage with no limiting forms of production save the supply and demand balance of the marketplace. Our ability to grow grass over a long growing season and our mild climate will ensure that we remain a significant producer of cattle in the future.

Third country markets also continue to play a role and my Department in co-operation with the Department of Foreign Affairs and Bord Bia continues to make every effort to increase the number of markets for Irish beef. Russia, Algeria and Egypt are important destinations for our beef while the Lebanon is an importer of live cattle from Ireland. Similar work is ongoing in regard to opportunities for trade with countries in the Gulf states, South Africa, Indonesia, the Philippines and other potential markets in which there are restrictions on Irish and EU beef due to BSE. I am committed to having the maximum number of international markets available to Irish beef and my Department will continue to work closely with the Department of Foreign Affairs and Bord Bia to achieve that aim.

I recently announced the commencement of a study of the sheep sector and its needs, in the context of our new premia-free environment. It is important to identify the changes that are needed in the various strategies to make them more effective in the future environment and to draw together a cohesive development plan that will put the industry on a solid footing in the post decoupling era. It is largely industry led and is being overseen by a steering group representing the main interests in the sector.

This study will cover all facets of the industry from farm production through to processing and marketing and will focus on economic and regulatory issues. The objective is to progress the competitiveness and profitable growth potential of the sheep sector in Ireland and avoid seasonal disparities such as occurred this year. I welcome this study and would be hopeful that it will bring stability and confidence to the sector with benefits for all concerned.

Producers in the pig sector are operating at a high level of efficiency. The Prospectus study, which reported in 2001, was a comprehensive examination of the factors relevant to the future prosperity of the sector, in particular its competitiveness on home and international markets. The key recommendation centred on the need for rationalisation of primary processing facilities. There has been a good degree of rationalisation of processing structures in the past couple of years and I believe the sector is well positioned to take on the challenges that lie ahead.

My Department is, and will continue to be, engaged in a wide range of activities that are critical to the ongoing development of the pig industry. These include national animal health programmes, the monitoring of compliance with food safety controls at production premises, the administration of production controls and certification for individual third country markets, and improving access to new markets. Pigmeat also features prominently on Bord Bia's programme of promotion on home and export markets.

Implementation of the nitrates directive presents challenges for the pig sector. In that context I have announced a suite of measures, for which the approval of the European Commission is awaited, to assist producers to comply with the directive. These include the extension of the farm waste management scheme to pig producers for the first time. Other elements include grant aid for specialised slurry handling and spreading equipment and dry feeding systems. Having enough land on which to spread manure is a related issue facing farmers. In that context I will be asking Teagasc to undertake a very active promotion campaign to demonstrate the nutrient value of slurry and the savings that farmers can achieve by substituting it for chemical fertiliser. I will be urging REPS planners to encourage their clients to use pig manure on their farms. I have also launched a new aid scheme this year, the pig welfare scheme, to facilitate compliance with new welfare standards for the housing of sows.

I am satisfied that the many measures outlined above will greatly assist the ongoing development of the beef, lamb and pig meat industries.

Food Industry.

Bernard J. Durkan

Question:

185 Mr. Durkan asked the Minister for Agriculture and Food the new markets she has identified for Irish agricultural or food products; and if she will make a statement on the matter. [38636/05]

The development of new markets for Irish food produce is primarily the responsibility of the food industry itself. Having said that, my Department, in co-operation with the statutory food promotion agency, Bord Bia, will continue to assist the industry to identify markets for Irish agricultural and food produce in the EU and internationally, to build on existing markets in terms of extending the value-added component, to identifying market segments with growth potential and to innovate to retain consumer and buyer interest.

In the past year, I worked closely with the development agencies and the industry on the successful trade visit to China which was led by the Taoiseach and on a trade visit to the United States, which gave me a deep understanding of the potential of these markets, the pace of transformation of the economies and the key role played by research. The visit to China resulted in the signing of a protocol to facilitate Irish trade in pork products and marked a further step in building beneficial trading relationships.

Closer to home, I was pleased to promote value-added meat products identified as Irish in French supermarket chains and subsequently, in September, to launch the Bord Bia "Irish Beef in Europe" campaign, which is aimed at building sales of Irish beef in European supermarkets and establishing the "Irish Beef" brand firmly in the minds of consumers. Initial feedback is encouraging in terms of improved demand. This promotional work by Bord Bia coupled with the marketing effort of the industry will be continued in order to build further sustainable market share in Europe which is where the future long-term success of the Irish beef industry lies.

Regarding third country trade in primary products, my Department, in co-operation with the Department of Foreign Affairs and Bord Bia, continues to make every effort to increase the number of markets for Irish beef. Russia, Algeria and Egypt are important markets for our beef while the Lebanon is an importer of live cattle. A delegation from my Department and Bord Bia visited Egypt in August this year to finalise negotiations in this area with the Egyptian authorities. This resulted in the signing of a new protocol on animal health matters to improve the conditions under which exports to that country can take place. A special export refund has also been maintained to support the beef trade to Egypt. To-date, 1,900 tonnes of beef have been shipped to this destination under the new arrangements.

Markets change at home as well as abroad and during 2005, I asked Bord Bia to assess the market opportunities and changing patterns of consumer demand in the horticulture sector. The call for investment proposals subsequently issued by my Department attracted a strong response, and the proposals submitted are being evaluated on a competitive basis following which decisions will be taken on the award of grant aid.

Sugar Beet Industry.

Bernard J. Durkan

Question:

186 Mr. Durkan asked the Minister for Agriculture and Food the number of jobs likely to be lost directly or indirectly as a result of changes in the EU sugar policy; and if she will make a statement on the matter. [38637/05]

It will be a matter for beet growers and Irish Sugar Limited to make decisions about sugar beet growing in light of the reformed sugar regime, on which political agreement was reached by the Council of Agriculture Ministers on 24 November 2005. The main features of the reform agreement are as follows: a lower reduction in the support price of sugar than originally proposed — 36% instead of 39%; a phasing-in of the corresponding reduction in the minimum sugar beet price over four years, instead of the two-step reduction originally proposed; an increased rate of compensation for beet growers of up to 64% of the price reduction, to be paid in the form of direct payments worth approximately €121 million to Irish beet growers over the next seven years; a once-off payment worth almost €44 million exclusively for beet growers in the event that sugar beet production ceases in Ireland; and an aid package of up to €145 million for economic, social and environmental costs of restructuring of the Irish sugar industry involving factory closure and renunciation of quota. The entire compensation package for Ireland has an estimated value in excess of €300 million.

In the event that sugar production ceases in Ireland, a once-off payment of almost €44 million would be available for growers. Also, the restructuring fund of up to €145 million would become available to provide compensation for the economic, social and environmental costs arising from factory closure. The reform agreement provides that at least 10% of the fund shall be reserved for sugar beet growers and machinery contractors to compensate notably for losses arising from investment in specialised machinery. This amount may be increased by member states after consultation of interested parties as long as the financial breakdown of the elements of the restructuring plan is kept balanced according to a sound economic proposal.

In Ireland, sugar beet is grown by 3,700 farmers and it is estimated that approximately 1,000 people are employed in sugar processing and ancillary activities.

Bernard J. Durkan

Question:

187 Mr. Durkan asked the Minister for Agriculture and Food if she proposes to take steps to encourage sugar production from beet in the future; and if she will make a statement on the matter. [38638/05]

The recent agreement by the Council of Agriculture Ministers in relation to reform of the EU sugar regime was the culmination of a protracted and difficult negotiating process. The outcome, in my view, represents the best possible deal that could have been achieved for Irish beet growers in the circumstances and is a considerable improvement on the Commission's initial proposals of last June. The main features of the agreement are as follows: a lower reduction in the support price of sugar than originally proposed — 36% instead of 39%; a phasing-in of the corresponding reduction in the minimum sugar beet price over four years, instead of the two-step reduction originally proposed; an increased rate of compensation for beet growers of up to 64% of the price reduction, to be paid in the form of direct payments worth approximately €121 million to Irish beet growers over the next seven years; a once-off payment worth almost €44 million exclusively for beet growers in the event that sugar beet production ceases in Ireland; and the aid package of up to €145 million for economic, social and environmental costs of restructuring of the Irish sugar industry involving factory closure and renunciation of quota. The entire compensation package for Ireland has an estimated value in excess of €300 million.

It will be a matter for beet growers and Irish Sugar Limited to make decisions about sugar beet growing in light of the reformed sugar regime. In the event that sugar production ceases in Ireland, a once-off payment of almost €44 million would be available for growers. Also, the restructuring fund of up to €145 million would become available to provide compensation for the economic, social and environmental costs arising from factory closure. The agreement provides that at least 10% of the fund shall be reserved for sugar beet growers and machinery contractors to compensate notably for losses arising from investment in specialised machinery. This amount may be increased by member states after consultation of interested parties as long as the financial breakdown of the elements of the restructuring plan is kept balanced according to a sound economic proposal.

The formal legal texts giving effect to the agreement will be adopted by the Council of Ministers early next year after the opinion of the European Parliament has been received. The Commission will then come forward with proposals for detailed implementing rules. Pending the adoption of the relevant regulations it is not possible to give further definitive information but, as with the earlier phases of CAP reform, my Department will make timely arrangements for implementing the new regime in due course.

Food Industry.

Bernard J. Durkan

Question:

188 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself regarding the future prospects on world markets for Irish dairy products; and if she will make a statement on the matter. [38639/05]

Exports of Irish dairy products amounted to €1.86 billion last year, representing some 24% of total Irish food and drink exports. This was an increase of some 6% over the previous year. With increasing global demand for dairy products forecast by the OECD of up to 2% per annum the future prospects for Irish dairy products on world markets remain positive.

The consistency with which the dairy sector has continued to prosper, driven by new investment, innovation and diversification, has been very impressive. Export dominated, the sector sells more than 80% of total output onto world markets across a broad category of products including butter, milk powders, cheese, infant formula, food ingredients and functional foods. New investment in research and development will continue the drive towards greater levels of innovation and diversity in product mix and will help maintain our competitiveness in the face of stiffer challenges ahead.

New intervention limits and reductions in institutional prices imposed by the Luxembourg Agreement has focused the industry on the need to become less reliant on commodity products and to increase the added value nature of output. With the ever-growing globalisation of world markets, it is vital that the period ahead is used by the Irish dairy industry to position itself to meet the demands of a more competitive marketplace. In the meantime, I will continue to exert pressure at EU level to ensure that all the market mechanisms available are deployed in an effective manner to ensure that the industry will continue to consolidate and grow its share of international markets.

Bernard J. Durkan

Question:

189 Mr. Durkan asked the Minister for Agriculture and Food if she continues to be satisfied regarding traceability, production, health and hygiene standards in regard to all meat and meat products imported here; and if she will make a statement on the matter. [38640/05]

Detailed EU legislation lays down the conditions that member states must apply to the production of and trade in products of animal origin, including meat and meat extracts, as well as to imports of these products from third countries.

Under harmonised legislation, a series of health and supervisory requirements are applied in the member states to ensure that animal products are produced to standards that guarantee the safety of food and the protection of human and animal health. The application of these standards in the member states is monitored by the Food and Veterinary Office, FVO, of the EU. It is a requirement that animal products imported from third countries meet standards at least equivalent to those required for production in, and trade between, member states. All such imports must come from third countries or areas of third countries approved for export to the EU.

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

I support fully the policy that animal products imported into the EU from third countries meet standards at least equivalent to those required for production in, and trade between, EU member states. Irish farmers are required to ensure that their production systems and farm practices fully comply with a wide range of EU directives on important matters including traceability, animal health and welfare and consumer protection.

In this context, I wrote to the Commissioner for Health and Consumer Protection, Mr. Markos Kyprianou, concerning the sanitary rules applying to the import of livestock products, especially beef, into the European Union. In his reply, the Commissioner outlined that, with respect to traceability and controls of residues of veterinary medicines, the purpose of EU legislation is not to impose on exporting third countries a system of guarantees that is equal to the EU system, but that the exporting country provides guarantees that are equivalent to the standards applied in the EU. The Commissioner indicated his service is committed to protect the health of European consumers and European livestock. The Commissioner has assured me that the Commission will not hesitate to take the appropriate protection measures if a product, imported from a third country or produced in the domestic market represents a risk for the health of EC consumers, livestock or plants.

Animal Diseases.

Bernard J. Durkan

Question:

190 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself that adequate safeguards are in place to prevent the importation or spread of avian ’flu or other animal diseases here; and if she will make a statement on the matter. [38641/05]

The Department of Agriculture and Food takes a robust attitude to the prevention of the introduction of animal diseases into Ireland, as exemplified by the range of measures being taken to prevent the introduction of avian influenza into the country. The Department has put in place a specific range of measures, including EU and national measures, aimed at minimising any risk of avian influenza being introduced into the country and, in the event of an outbreak, ensuring its early detection and speedy eradication. As migratory wild birds can potentially play a role in spreading the virus, much of the Department's focus has been on early detection and speedy eradication. The introduction of an "early warning system" and the registration of all holdings and sites on which domestic poultry or captive birds are kept are vital components of the Department's strategy. All live commercial animals imported into Ireland from an EU member state or a third country must be accompanied by an official health certificate from the competent authority of the exporting country, confirming that the animals have undergone all appropriate tests and have not come from an area affected by an animal disease. Veterinary inspection checks operate at all Ireland's official border inspection posts to ensure that imports meet physical, documentary and identity requirements. I am satisfied that the range of safeguards and protection measures in place are comprehensive and minimise any possibility of animal disease being introduced here. Such measures are kept under constant review. The Department will not hesitate to introduce any additional measures which are considered appropriate to meet an increased threat of animal disease being introduced.

Grant Payments.

Paul Kehoe

Question:

191 Mr. Kehoe asked the Minister for Agriculture and Food when a person (details supplied) in County Wexford will receive their full single farm payment; if they will receive same before mid-December; and if she will make a statement on the matter. [38644/05]

The application of the person in question has been fully processed for payment under the single farm payment scheme. This payment will issue to the person shortly.

Auctioneering Industry.

Joe Costello

Question:

192 Mr. Costello asked the Minister for Justice, Equality and Law Reform his views on correspondence (details supplied); the steps he is taking to prevent this form of gazumping; and if he will make a statement on the matter. [38559/05]

I commissioned the auctioneering and estate agency review group in July 2004 to examine the future licensing and regulatory requirements of property practitioners against a background of serious public concern about certain selling practices in the property industry. When the group invited submissions from the public about its work, experiences similar to those detailed with this question were among the complaints received. The group's report of July 2005 made a number of recommendations aimed at protecting consumers from practices like gazumping. It noted that it is sellers who gazump and barring any changes to the law of contract, it will always be the right of individual sellers to raise or lower their price demands or to withdraw their property from sale. It will always be the right of buyers to reduce purchase offers or to back away from a purchase until the point at which contracts have been signed and exchanged. In its Report on Gazumping, the Law Reform Commission, after extensive examination of the issue, concluded that "the only practicable reforms are to take steps to inform buyers, and in that way, to protect them". The group noted that a problem arises if a developer who has accepted a large number of deposits pulls out of the sale at a later stage to relaunch the scheme at a higher price. The group described that practice as reprehensible and argued that it should cease. It recommended that all builders and developers should stand over conditionally agreed sale prices. It cited the home purchase protection pledge issued by members of the Irish Home Builders' Association as a model for appropriate behaviour between buyer and seller that should be enforced throughout the sector.

I am taking steps, with the approval of the Government, to establish a new regulatory authority that will assume responsibility for the licensing and regulation of all auctioneering, estate agency, property letting and property management service providers. The new authority will not be responsible for regulating the behaviour of builders and developers, but it will have a consumer information function aimed at ensuring that consumers entering into contracts such as that described in the Deputy's question understand the rights and entitlements, or otherwise, which are conferred on each party by the payment of a deposit. If an auctioneer is acting as an agent in such transactions, it is intended that the regulatory authority will have an oversight function relating to the services he or she provides. It will also make a complaints mechanism available to people who have not achieved satisfaction through existing mechanisms. It is further intended that the regulatory authority will develop contacts with other regulatory and representative bodies, such as the Construction Industry Federation, to encourage the development of the fullest possible protection for consumers in this area.

Visa Applications.

John McGuinness

Question:

193 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an appeal in the name of a person (details supplied) in County Kilkenny who has applied for a visa for their spouse and family will be expedited; and if he will make a statement on the matter. [38522/05]

I am pleased to inform the Deputy that the visa application in question has been approved on appeal by the Department of Justice, Equality and Law Reform.

Garda Stations.

Fiona O'Malley

Question:

194 Ms F. O’Malley asked the Minister for Justice, Equality and Law Reform the progress which has been made in relation to the provision of a new Garda station in Pottery Road, Dún Laoghaire; and if he will make a statement on the matter. [38523/05]

It is planned to amalgamate Cabinteely and Kill o' the Grange Garda stations at a new site between Rochestown Avenue and Pottery Road in Dún Laoghaire. A sketch scheme of the proposed new Garda station is being considered by the Garda authorities and the Office of Public Works, in consultation with the Department of Justice, Equality and Law Reform. When that process has been completed and agreed, the Department will ask the Office of Public Works to advance the project. I expect that will happen early next year.

Garda Deployment.

Tom Hayes

Question:

195 Mr. Hayes asked the Minister for Justice, Equality and Law Reform when the Garda sergeant will be replaced in Cappawhite, County Tipperary. [38524/05]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Cappawhite Garda station on 6 December 2005 was one garda. I have been advised that local Garda management are satisfied that the subdistrict of Cappawhite is being well policed and that the sergeant on the working unit in Tipperary town provides supervisory assistance and support to the garda in Cappawhite. The subdistrict of Cappawhite is also actively policed by the district detective unit. The divisional traffic unit, which operates within the Tipperary district on a rotational basis, provides extra support in the enforcement of Road Traffic Acts. It is the responsibility of the divisional officer for Tipperary to allocate personnel within the division. I am advised that every effort is made to fill vacancies that arise as a result of retirements and promotions, etc., in conjunction with the allocation of newly attested gardaí and newly promoted personnel. Garda management will continue to appraise the policing and administrative strategy employed in the Tipperary division with a view to ensuring that an effective Garda service is maintained. On general Garda resources, an accelerated recruitment campaign, to reach a record force strength of 14,000 in line with the commitment in An Agreed Programme for Government, is on target. The campaign will lead to a combined strength of attested Gardaí and recruits in training of 14,000 by the end of 2006. The Garda Commissioner is drawing up plans on how best to distribute and manage the additional resources. In this context, the needs of Cappawhite Garda station will be fully considered within the overall context of the needs of Garda stations throughout the country.

Deportation Orders.

Liz McManus

Question:

196 Ms McManus asked the Minister for Justice, Equality and Law Reform if a person (details supplied) will have their application to remain here reviewed; and if he will make a statement on the matter. [38525/05]

A deportation order was signed in respect of the person concerned on 13 December 2004. Following an examination of further representations received relating to this case, I have decided as an exceptional measure to revoke the deportation order and to grant the person temporary leave to remain for a period of 12 months. The case will be reviewed at the end of that period. The individual concerned will be notified of my decision shortly.

Asylum Applications.

John McGuinness

Question:

197 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform further to previous parliamentary questions submitted each year since 2002, Question No. 482 of 22 March 2005 and a further question on 21 April 2005, the reason it has taken four years to deal with this case; if he will allow the persons to remain here on humanitarian grounds; and if a response will be expedited. [38526/05]

As the Deputy is aware, applications for refugee status in the State are determined by an independent process, involving the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. While it is not the practice to comment in detail on individual asylum applications, I would like to point out that delays in finalising cases can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of judicial review proceedings. A final decision on the applications in question will be made on receipt of the recommendation or decision of the Office of the Refugee Applications Commissioner or the Refugee Appeals Tribunal, as appropriate.

Industrial Relations.

Eamon Ryan

Question:

198 Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform his role in the lobbying by Aer Lingus management for an exemption to equality law, in view of recent revelations regarding same. [38539/05]

During the passage of the Equality Bill 2004 through the Oireachtas, an issue was raised by IBEC about a difficulty with the application of the age ground under the Employment Equality Act 1998 for certain practices operated in Aer Lingus and other employments. Representatives of the Department of Justice, Equality and Law Reform subsequently met representatives of IBEC, Aer Lingus and the Department of Transport to examine the issue further. Legal advice confirmed that there was an existing problem arising from the provisions prohibiting discrimination on the basis of age in the Employment Equality Act 1998. If two workers have the same length of service, but certain advantages are given to the older worker by virtue of a collective agreement, it is possible that it can be seen as discrimination on the basis of age, contrary to the provisions of the 1998 Act.

A Government amendment was proposed and accepted on Committee Stage of the Equality Bill 2004 in the Dáil to insert a new subsection 7(A) in section 34 of the Employment Equality Act 1998. The purpose of the amendment was to clarify that, for the purposes of section 34(7) of the 1998 Act, "relative seniority" may be determined having regard to the respective ages of employees at the time of their recruitment, if all other matters are equal and it is accepted as part of a collective agreement. The provision is in compliance with Article 6 of the EU framework employment directive, which permits differences of treatment on the age ground if they are objectively and reasonably justified by a legitimate aim. The effect of subsection 7(A) is to provide for the continued validity of certain age related provisions if they have been agreed collectively by employers and employees. It is recognised, as IBEC confirmed to officials from the Department of Justice, Equality and Law Reform, that situations can arise in the employment of staff in which it is difficult to determine relative seniority based on length of service. This can happen if a number of staff are recruited at the same time to the same category of post or employment. A "tie-breaker" situation can arise in such cases. If the tie-breaker agreed between staff and employers in the context of a collective agreement is based on the relative ages of the employees at that time, it is appropriate to exclude such agreed arrangements from unlawful discrimination under the Employment Equality Acts 1998 and 2004. It is open to employees and employers to change any such arrangement, should they so agree.

Registration of Title.

Gerard Murphy

Question:

199 Mr. G. Murphy asked the Minister for Justice, Equality and Law Reform the position regarding correspondence (details supplied). [38564/05]

I can inform the Deputy that I have asked the Land Registry to contact him directly about the current position of the application in question.

Visa Applications.

Brian O'Shea

Question:

200 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform when a decision will be reached on the family reunification visa application for a person (details supplied) in County Waterford; and if he will make a statement on the matter. [38574/05]

The refugee in question made an application for family reunification in May 2005. The application was forwarded to the Office of the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When the investigation has been completed, the commissioner will prepare and forward a report to the Department of Justice, Equality and Law Reform. On receipt of the report, the application will be considered and a decision will issue shortly thereafter.

Asylum Support Services.

John McGuinness

Question:

201 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if the lease of a hostel (details supplied) in County Kilkenny by the reception and integration agency has been finalised; and if so, the length of time the building is leased for. [38579/05]

The Reception and Integration Agency, RIA, has not held and does not hold a lease on this hostel. The lease in this case is required to be held by the contractors in order that RIA may enter into a contractual arrangement with them to provide full-board accommodation to asylum seekers at this location. Recently RIA had not been given sufficient assurances by the contractors in respect of security of tenure at the hostel. However, the contractors have since submitted a new lease arrangement which has permitted RIA to offer them a new contract to provide full-board accommodation to asylum seekers at this location until January 2007.

Residency Permits.

John McGuinness

Question:

202 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to remain in the State on the basis of an Irish-born child in the name of a person (details supplied) in County Kildare; if their evidence showing their addresses will be accepted; and if the matter will be expedited. [38582/05]

The person concerned made application for permission to remain in the State under the IBC/05 revised processing arrangements on 21 March 2005. It is a requirement under the revised arrangements that each applicant parent has been resident with his or her Irish-born child in the State on a continuous basis since the child's birth. Evidence of such residence is also required. In this case the applicant did not provide evidence to show that she had been resident in the State on a continuous basis since the birth of her daughter in June 2004. In particular she provided no evidence as regards her place of residence between the cessation of her social welfare payments in August 2004 and their resumption in March 2005. Her application was refused on that basis.

Probation and Welfare Service.

Róisín Shortall

Question:

203 Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will report on the circumstances leading up to the sudden closure of a project (details supplied) in Dublin 11 on 2 December 2005; the reason this project will not provide day-care services under the Children Act 2001 as planned; the organisation which will provide those services; the reason staff were not given notice; the terms of the severance package available to them; the reason this facility and the experienced staff are not being retained within the justice system; and if he will make a statement on the matter. [38588/05]

The project was a community-based, day assessment service which offered an assessment service to young people from Finglas, Ballymun and surrounding areas. The Department of Justice, Equality and Law Reform, through the probation and welfare service, commenced funding the project on 1 January 2004, at an annual cost of €400,000. Prior to that date, funding had been provided by the Department of Education and Science from the children at risk fund.

The Department of Justice, Equality and Law Reform agreed to commence funding the project on condition, inter alia, that: the project should be a pilot for day centres, provided for under the Children Act 2001; referrals to the project should be from the courts; and the project should work to its full capacity of five young people in attendance at any given time. It was anticipated that the project would become a pilot day centre as provided for under the Children Act 2001. However, in order to meet the day centre requirement of the Children Act a number of changes were required to the existing services being provided by the project. Unfortunately, I am informed that the project was unable to meet those requirements. I am further informed that since January 2004, the project has only dealt with six referrals of young people who were before the courts.

I am advised that, at a meeting held on 2 December 2005 the board of management concluded that the project was no longer viable and that the company should cease trading on 8 December 2005. I am further advised the board decided that staff should be paid until the end of December in lieu of notice. As the project is registered as a private limited company, the severance package and any staff issues arising are a matter entirely for the board of management. In that regard, I understand that negotiations with the relevant parties are due to commence very shortly.

I have instructed the Department of Justice, Equality and Law Reform urgently to pursue with the management of the probation and welfare service what alternative programmes can be put in place for the provision of services to children in the Finglas, Ballymun and surrounding areas who are under the supervision of the probation and welfare service.

Visa Applications.

Willie Penrose

Question:

204 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the reason an application by persons (details supplied) in respect of their desire to have their visa application for their child approved was refused upon appeal; the reason the original decision to refuse the visa was upheld, in view of additional information being furnished to the appeals office of his Department on 11 November 2005; the steps he will take to have this matter re-examined in view of further information; and if he will make a statement on the matter. [38592/05]

The individuals in question arrived in the State on 23 May 1999, accompanied by one of their dependants, and made an asylum application on 24 May 1999. They had a child in November 1999 and withdrew their asylum application in November 2000. They successfully applied for permission to reside in Ireland based solely on their parentage of an Irish-born child. They were granted permission to remain on 11 April 2000. The visa application in question relates to a 12-year-old son who wishes to join them in the State. They also have two other children residing in Nigeria.

Following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. The Government also decided that the general policy of allowing such parents to be joined in the State by other family members should no longer apply. Accordingly, the immigration division of the Department of Justice, Equality and Law Reform does not generally approve visas in respect of such visa applications.

Deportation Orders.

Bernard J. Durkan

Question:

205 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the reason it is proposed to issue a deportation order in the case of persons (details supplied) in County Kildare; if the rights and entitlements under Irish law and the Constitution are being observed; if a full review will be undertaken of the circumstances in this case; and if he will make a statement on the matter. [38611/05]

Marriage to an Irish national does not confer any automatic right of residency in the State. However, it is possible to make an application for permission to remain in the State based solely on the separate basis of marriage to an Irish national. In this regard the person in question made an application for residency in the State based solely on marriage to an Irish national in April 2004.

In order to prevent abuses of the system, in so far as is possible and without unduly interfering with the Irish national's private circumstances, the immigration division will seek to establish and confirm various matters. These include the context in which the marriage took place, the validity of the marriage and whether the couple are residing in a family unit. It is a requirement of the Department of Justice, Equality and Law Reform that the non-EU national spouse of an Irish national be residing in the same household in a family unit with the Irish national in order to acquire residency solely on that basis.

The Department's primary concern in this matter is to maintain the integrity of the immigration system. Convenience marriages for the purpose of circumventing normal immigration controls are experienced by immigration jurisdictions worldwide and, in this regard, holiday and Internet romances would feature frequently. This application from the person in question was considered and it was discovered that he is not residing, and has never resided, in the same household in a family unit with his spouse since the date of his marriage. As he did not qualify for the residency on the separate basis of marriage to an Irish national, a notification of refusal on that basis issued on 25 November 2005.

Since the person in question and his dependent child do not have an alternative legal basis for remaining in this jurisdiction, the letter of 25 November 2005 also contained a notification of a proposal to deport them from the State under section 3 of the Immigration Act 1999. It is open to the person in question to make representations regarding that proposal as to why he should not be deported from the State within 15 working days of the date of the letter. If, in the light of those representations and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order, the person in question will be given leave to remain on a humanitarian basis.

Visa Applications.

Bernard J. Durkan

Question:

206 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when a new GNIB card will issue in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [38612/05]

On 14 October 2005, an application was received from the person in question to have her permission to remain in the State on humanitarian grounds renewed. On 1 December 2005, the person in question was issued with a letter granting her permission to remain in the State for a further period of one year. On foot of that letter, the person concerned is required to present herself to the Garda national immigration bureau which will issue the appropriate document to her.

Asylum Applications.

Bernard J. Durkan

Question:

207 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [38613/05]

The refugee in question made an application for family reunification in respect of his son. The Department of Justice, Equality and Law Reform has recently been in correspondence with him seeking clarification of documentation submitted by him. On receipt of a response from the person in question the application will be processed further.

Deportation Orders.

Bernard J. Durkan

Question:

208 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will review his decision to deport a person (details supplied) in County Kerry; if the prevention of refoulement legislation is likely to be breached in the event of deportation; and if he will make a statement on the matter. [38614/05]

The person concerned arrived in the State on 3 May 2005 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal.

Asylum Applications.

Bernard J. Durkan

Question:

209 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if the case of a person (details supplied) in County Mayo will be reviewed; and if he will make a statement on the matter. [38615/05]

The person concerned applied for asylum on 30 July 2004. Her application was considered in the first instance by the Office of the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. This position was communicated to the person concerned by letter dated 5 July 2005. The person concerned appealed this recommendation to the Refugee Appeals Tribunal which, following an examination of the person's appeal, affirmed the earlier recommendation. The outcome of this appeal was communicated to the person concerned by letter dated 29 November 2005. As is normal practice in such cases, this person's file has been forwarded to the Department of Justice, Equality and Law Reform's ministerial decisions unit for final processing. A representative of that unit will write to the person concerned in the near future to advise her on her position in the State.

Citizenship Applications.

Bernard J. Durkan

Question:

210 Mr. Durkan asked the Minister for Justice, Equality and Law Reform, further to Question No. 228 of 21 November 2005, the nature of matters relating to the declaration to which he refers given that the application for a person (details supplied) in County Kildare has had no correspondence in this regard; and if he will make a statement on the matter. [38616/05]

The correspondence referred to in my response to Question No. 228 of 24 November was sent on 21 November last to the address provided by the person concerned when she lodged her declaration of post-nuptial citizenship. However, it appears that she changed address since lodging the declaration but did not inform officials in the citizenship section of the Department of Justice, Equality and Law Reform of this change. The letter was sent by registered post and my officials have tracked it with An Post. It appears that delivery could not be effected and the letter is now on its way back to the Department.

I understand that the Deputy has recently made representations on behalf of the person concerned and that this letter of representation contains details of the person's new address. A letter has now issued to the person concerned at this new address. The subject matter of the correspondence relates to the place of residence of the person concerned and her husband at the time the declaration was lodged. Processing of the declaration will continue when a reply to the letter is received and I will advise both the Deputy and the person concerned when the matter has been concluded.

Violence Against Women.

Paddy McHugh

Question:

211 Mr. McHugh asked the Minister for Justice, Equality and Law Reform if a national funding framework will be put in place to ensure the future of organisations working to eliminate violence against women; and if he will make a statement on the matter. [38617/05]

Funding for the provision of services to women experiencing violence, including domestic violence, rape and sexual assault, is the responsibility of the Department of Health and Children, while the Department of Environment, Heritage and Local Government is responsible for the provision of refuges and other emergency accommodation. The Department of Justice, Equality and Law Reform's responsibilities are for any necessary responses from the civil and criminal justice systems as well as for any preventative measures which can be put in place, including awareness-raising programmes aimed at changing society's attitude to violence against women. The Department of Justice, Equality and Law Reform also chairs and provides the secretariat to the national steering committee on violence against women, NSC.

A subgroup of the NSC, made up of representatives from the above Departments, as well as other Departments with a role in this field, has been examining the funding arrangements in place and it is likely that improved co-ordination arrangements will flow from this work. The allocation of resources will of course remain a matter for each Department, in the context of its own Estimates process.

Prisoner Transfers.

Aengus Ó Snodaigh

Question:

212 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Garda Síochána will be directed to conduct inspections of CIA planes using Shannon Airport in view of the findings of the Swedish parliamentary investigation that the CIA violated Swedish law using a plane that has landed in Shannon airport on at least 16 occasions since 2000. [38646/05]

I refer the Deputy to my reply to Parliamentary Question No. 200 of 7 December 2005.

Both my colleague, the Minister for Foreign Affairs, and I have called on any person with credible evidence that Shannon Airport is being used for alleged unlawful purposes to share this information with the Garda authorities, who would be responsible for investigating such matters.

Legal Representation.

Dan Boyle

Question:

213 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the measures that exist for citizens who do not qualify for free legal aid to be properly represented in court actions as per constitutional entitlement, where solicitors refuse to represent them. [38652/05]

I am satisfied that the arrangements in place under the Criminal Justice (Legal Aid) Act 1962 and the Civil Legal Aid Act 1995 meet the State's obligations in respect of the provision of legal aid for criminal and civil matters.

Weight of Schoolbags.

Brian O'Shea

Question:

214 Mr. O’Shea asked the Minister for Education and Science if evidence or information is available to her regarding damage to children’s health from carrying excessively heavy schoolbags; and if she will make a statement on the matter. [38518/05]

Brian O'Shea

Question:

218 Mr. O’Shea asked the Minister for Education and Science further to Parliamentary Question No. 555 of 22 November 2005, her proposals to send a list of the actions taken by various schools to all schools with a view to having the suitability of the various actions discussed by school management and parents to help alleviate the problem; and if she will make a statement on the matter. [38515/05]

I propose to take Questions Nos. 214 and 218 together.

The working group on the weight of schoolbags, in its report presented in 1998, indicated that little is known about the short or long-term consequences of load-carrying by children. The report referred to a number of studies which had been carried out on the matter of the weight of schoolbags. However, the report stated that the association between lifting and carrying and back pain in children has not been established.

As I informed the Deputy in my answer to Question No. 555 of 22 November 2005, my Department initiated an awareness-raising campaign by disseminating the report of the working group with an accompanying circular to all primary and post-primary schools in 1998. A further circular was issued this year, again highlighting the potential health hazard of heavy schoolbags. The most recent circular also outlined a range of local measures that could be adopted by schools in order to alleviate the problem. In addition, page two of the report of the working group outlined positive actions which had been taken by some schools.

I consider that the range of actions as already notified to schools is adequate to enable them to select those measures that would be most suited to each school's individual needs.

Higher Education Grants.

Liz O'Donnell

Question:

215 Ms O’Donnell asked the Minister for Education and Science if there are third level courses being offered by the National University of Ireland under which tuition fees, or part thereof, are returned to students via direct payments, rather than via tax relief on tuition fees; the number of such courses this direct payment system applies to; the reason a different system might be applied to certain third level courses; and if she will make a statement on the matter. [38542/05]

Under my Department's free fees initiative it is the Exchequer that meets the tuition fees of eligible students who are attending approved third level courses in the State. If the Deputy can provide me with additional background information on the subject matter of the question I will have the matter further examined.

School Accommodation.

Niall Blaney

Question:

216 Mr. Blaney asked the Minister for Education and Science the position in relation to an application by a college (details supplied) in County Donegal for an extension; if further progress has been made regarding same; and if she will make a statement on the matter. [38513/05]

Due to the rapid rate of population growth in the area since the project was initiated, the proposed project at the school referred to by the Deputy had to be re-assessed in order to ensure that planned capital investment would adequately meet the current and future accommodation needs of the school. A review of the long-term enrolment at the school has recently been completed. In view of the increase in projected enrolment at the school, the school authority has also been asked to complete a revised educational worksheet, on which schedules of suggested future use of existing accommodation and any residual accommodation considered necessary will be prepared.

When this information is received my Department will then be in a position to progress the project through the architectural planning process in line with my announcement earlier this year.

Weight of Schoolbags.

Brian O'Shea

Question:

217 Mr. O’Shea asked the Minister for Education and Science, further to Question No. 554 of 22 November 2005, her views on whether it would be more effective to supply individual schools with sufficient circulars in order that one could be given to each child rather than expect the schools to make copies for each family; and if she will make a statement on the matter. [38514/05]

My Department normally issues one copy of a circular to each school. In some instances, where the subject matter is likely to be of particular interest or concern to the parent body, the school is asked to provide a copy of the circular to the appropriate representatives of parents, normally the parents' council, for transmission to individual parents. In this way both the school authorities and the parents' council have discretion over whether they consider it necessary to provide individual copies of a circular to all parents.

In general it is not considered necessary for copies of individual circulars to issue to all parents. In many instances it would be considerably more effective for the school authorities or the parents' council, through normal means of communication, to inform parents of the general content of relevant circulars and of the easy availability of circulars on my Department's website. Schools will generally also make copies of circulars available to parents on request.

Given the subject matter of the circular in question, namely, the weight of schoolbags, I consider that this is a much more effective means of disseminating information than asking each child to carry home a copy of the circular. Copies of circulars are also sent to the education partners, including the national parents' councils.

Question No. 218 answered with QuestionNo. 214.

Brian O'Shea

Question:

219 Mr. O’Shea asked the Minister for Education and Science, further to Questions Nos. 556 and 558 of 22 November 2005, the additional measures she proposes to deal with the potential health hazard of excessively heavy schoolbags; and if she will make a statement on the matter. [38516/05]

In my response to Questions Nos. 556 and 558, I set out the full range of measures which have been taken or can be taken with regard to this issue. I do not propose to add to that position except to reiterate that school textbooks are not approved or prescribed by my Department and that decisions on which books to use are taken at school level.

As I informed the Deputy in my previous answer, my Department initiated an awareness-raising campaign by disseminating the report of the working group on the weight of schoolbags, with an accompanying circular, to all primary and post-primary schools. A further circular was issued this year, again highlighting the potential health hazard of heavy schoolbags and outlining a range of local measures that could be adopted in order to alleviate the problem. It is a matter for each individual school to choose those measures that would be most suited to its individual needs.

School Books.

Brian O'Shea

Question:

220 Mr. O’Shea asked the Minister for Education and Science her proposals to eliminate workbooks in their present format whereby students have to write the answers to be replaced by the inclusion of questions in the text book, in the interests of eliminating waste and to promote reuse; and if she will make a statement on the matter. [38517/05]

Apart from a small number of prescribed texts at second level, mainly in the case of language subjects, my Department does not approve or prescribe school books-workbooks at first or second level. Decisions on which books to use are taken at school level.

The publication and sale of school books-workbooks are in the hands of independent commercial enterprises and it is not open to me to compel publishing companies to produce their books in a particular format. Notwithstanding that, my Department has advised school authorities that books should be changed only to the extent that is absolutely necessary as we are conscious of the need to avoid over-frequent changes, primarily in order to minimise the cost burden for parents. However, it is recognised that books have to be changed periodically to ensure that content and methodology are kept up to date.

Schools Building Projects.

Michael Lowry

Question:

221 Mr. Lowry asked the Minister for Education and Science the reason a school (details supplied) in County Tipperary has not progressed through the schools building programme since March 2001; when the school will be progressed; if her attention has been drawn to the contents of a recent whole-school evaluation; if the school will be expedited through the building process; and if she will make a statement on the matter. [38561/05]

My Department is in receipt of an application for capital funding towards the provision of an extension at the school referred to by the Deputy. I am also aware of the recent whole-school evaluation report which was completed on the school. The school's application has been assessed in accordance with the published prioritisation criteria which were revised last year following consultation with the education partners. The project is being considered in the context of the school building and modernisation programme 2005-2009.

Michael Lowry

Question:

222 Mr. Lowry asked the Minister for Education and Science the reason a school (details supplied) in County Tipperary has not progressed through the school building programme since 1995; when the school will be progressed; if the school will be expedited through the building process; and if she will make a statement on the matter. [38562/05]

The school referred to by the Deputy submitted an application for capital funding in 2003. The application has been assessed in accordance with the published prioritisation criteria which were revised last year following consultation with the education partners. The project is being considered in the context of the school building and modernisation programme 2005-2009.

School Staffing.

Joe Higgins

Question:

223 Mr. J. Higgins asked the Minister for Education and Science the reason additional teaching posts committed to further education colleges, referred to in Questions Nos. 397 and 399 of 29 November 2005 are concessionary posts and not permanent posts. [38567/05]

Joe Higgins

Question:

224 Mr. J. Higgins asked the Minister for Education and Science the reason 74.29 additional teaching posts committed to further education colleges, referred to in Questions Nos. 397 and 399 of 29 November 2005 have been taken up out of the 96.25 made available. [38568/05]

I propose to take Questions No. 224 and 223 together.

In the post-leaving certificate, PLC, sector, an additional 1,540 student places were approved by my Department during 2005. The majority of these additional student places were notified to PLC providers on the basis of applications received earlier this year. A further 60 student places will be approved shortly. On the basis of a pupil teacher ratio of 20:1.25, or 16:1 in whole figures, in the PLC sector, an additional 96.25 teaching posts would be available. However, at the time of writing, 74.29 posts have been taken up by schools. Officials in my Department are in consultation with the relevant management authority and schools to ensure, in so far as possible, any entitlement to new resources under this initiative is applied this year. I am anxious that the schools would take up these posts.

Adult Education.

Joe Higgins

Question:

225 Mr. J. Higgins asked the Minister for Education and Science in view of the enormous contribution of further education colleges to Irish education, in particular in giving individuals a second chance to attain educational qualifications, the action she will take to improve resources and structures for the further education sector through the implementation of her Department’s McIver Report. [38569/05]

This Government is strongly committed to improving participation and achievement at every level of education. We have put the resources and supports in place to ensure a wide range of course options is available in the further and higher education sectors for young people who wish to continue their studies after second-level and for people returning to education later in life. Post-leaving certificate, PLC, courses represent one such option. The Government's support for this important sector is clear from the fact that we have increased the number of PLC places by 60% since 1996-97. Indeed, the number of PLC places approved for 2005-06 is up by more than 1,600 on the 2004-05 level. The number of approved places in the sector now stands at 30,188.

Government support for the sector is evident not only in the expansion of approved places and teachers, but also in the introduction of maintenance grants for students with effect from September 1998. Tuition fees for PLC courses are waived. The PLC maintenance grant scheme operates on the same basis as in higher education. Approximately 8,000 PLC grant holders will receive some €23 million in direct support in 2005. Other developments funded by my Department of direct benefit to the PLC sector include the provision of national certification under the Further Education and Training Awards Council and the development of progression links with higher education in the Institutes of Technology.

PLC students are included in the calculation of non-pay budgets issued to schools in respect of running costs. A supplemental non-pay grant towards running costs specifically for PLC schools is also payable. This will amount to €5.5 million in 2005. Government commitment to the sector, by reference to the resources applied in teachers' pay, non-pay running costs, student support and certification costs, is significant.

The McIver report contains 21 over-arching recommendations, incorporating 91 sub-recommendations. Having regard to the number and scope of the recommendations in the report, extensive consultations were held with management and staff interests with regard to issues such as the prioritisation of recommendations, the structural changes envisaged in the report, their implications and associated costs in the context of the overall provision of resources for further and adult education. Active consideration is being given to all the issues involved. While this work is ongoing, extra investment has been provided in the 2006 Estimates to develop the PLC sector further and to improve supports for other aspects of further and adult education.

The Estimates include provision for the cost of the extra 100 teaching posts for the post-leaving certificate colleges in the current academic year. They also provide for an increase of 19% in the VTOS non-pay grant in 2006. This Government has shown a sustained determination to expand and improve further and adult education over recent years. We believe strongly in the value of this sector and will continue to prioritise it for resources and supports in the years ahead.

Higher Education Grants.

Paul Kehoe

Question:

226 Mr. Kehoe asked the Minister for Education and Science, further to Question No. 267 of 30 November 2005, the position regarding an application (details supplied); when a decision will be made; and if she will make a statement on the matter. [38575/05]

My Department received correspondence from the Incorporated Law Society of Ireland seeking approval for the inclusion of the winter streams of the professional practice course one under the higher education grant scheme for 2005-06. The application for course approval is still under active consideration within my Department. A decision will be made as soon as possible and notification of same will be conveyed immediately to the Incorporated Law Society of Ireland.

Bernard J. Durkan

Question:

227 Mr. Durkan asked the Minister for Education and Science the reason a higher education grant has not been approved in the case of a person (details supplied) in County Kildare under the 2005 PLC maintenance grant scheme; and if she will make a statement on the matter. [38618/05]

My Department funds three means-tested maintenance grant schemes for third level education students in respect of attendance on approved courses in approved third level institutions and one maintenance grant scheme in respect of students attending approved post-leaving certificate courses in approved PLC Centres: the higher education grants scheme; the Vocational Education Committees' scholarship scheme; the third level maintenance grants scheme for trainees and the maintenance grant scheme for students attending post-leaving certificate courses.

Under the terms of the maintenance grants scheme for post-leaving certificate courses 2005, grants are available to eligible candidates who are entering approved PLC courses for the first time in the 2005-06 academic year. Candidates are ineligible if they already hold a FETAC level 5 qualification, formerly known as a FETAC NCVA level 2 qualification, a FETAC level 6 qualification, formerly known as a FETAC NCVA level 3 qualification or a third level qualification at level 6 or higher. However, notwithstanding this condition candidates who already hold a qualification no higher than FETAC level 5, formerly known as a FETAC NCVA level 2 qualification, and are now pursuing a course that offers progression may be deemed eligible for grant aid.

Under the scheme a grant is tenable for the normal duration of the approved PLC course and is renewable annually subject to the satisfactory participation, attendance and the approval of the Vocational Education Committee. A record of achievement is generally issued in respect of individual modules of a course, whereas a full award, FETAC level 5, formally known as a FETAC NCVA level 2 qualification or level 6 qualification formally known as FETAC NCVA level 3 qualification is issued were all modules of a particular course have been successfully completed.

My Department understands that the candidate referred to by the Deputy has previously pursued an approved PLC course at FETAC level 5. However she did not attain the terminal qualification on completing the course. In the circumstances she may not be deemed as progressing under the terms of the of the PLC scheme.

Schools Amalgamation.

Paul Kehoe

Question:

228 Mr. Kehoe asked the Minister for Education and Science if the decision-making process on amalgamation of the primary sector leading to a new school in New Ross has been completed; if not, the stage same has reached; and if she will make a statement on the matter. [38619/05]

As the Deputy is aware, officials in my Department carried out architectural assessments on all four primary schools in New Ross in order to determine which, if any, would be suitable to act as hosts for the proposed rationalisation. In addition, the local authority is furnishing my Department with updated demographics on the area so that an informed decision can be taken on school sizes. When these matters have been resolved, my Department will address the issue of enrolment polices for the proposed school re-configuration. I can assure the Deputy that every effort is being made by my Department to finalise these matters. Any building works required to give effect to the rationalisation process will be given a top band one priority rating.

Schools Building Projects.

Paul Kehoe

Question:

229 Mr. Kehoe asked the Minister for Education and Science if a decision has been made on the most suitable site for the new second level school in Gorey; if so, the exact location of this site; and if she will make a statement on the matter. [38620/05]

My Department is in discussion with the local authority on the identification of a suitable site for the proposed new post-primary school for Gorey. I will announce details of the chosen site when it has been identified and all of the requisite protocols have been carried out to secure it.

Departmental Staff.

John McGuinness

Question:

230 Mr. McGuinness asked the Minister for Defence if a request from a person (details supplied) in County Kilkenny for all details regarding their entitlements and early retirement on health grounds will be expedited; and if a statement outlining their social welfare payments, salary and stoppages will be issued. [38580/05]

I should explain that the sick pay arrangements for civilian employees of my Department apply to this person. In general, civilian employees may be granted up to six months' sick leave at full pay in any period of 12 months and half-pay thereafter, subject to a maximum of 12 months sick leave of any kind, full pay, half-pay or without pay, in any period of four years or less. Civilian employees are also eligible for disability benefit while absent due to sickness. In such cases, these employees retain their full entitlement to paid sick leave but submit applications through the Department's human resources branch to the Department of Social and Family Affairs for disability benefit. For the duration of the period that an employee is on paid sick leave, the disability benefit payments are forwarded to my Department. Disability benefit payments issue directly to an employee when they have exhausted their entitlement to paid sick leave under the terms of the Department's sick pay scheme for civilian employees. I understand that this person has exhausted their entitlement to paid sick leave. The information requested by the employee relating to ill-health retirement will be issued shortly.

Water and Sewerage Schemes.

Seymour Crawford

Question:

231 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government the reason a group water scheme with over 1,500 members using 700,000 gallons of water per day on average is being forced into a DBO bundle when a nearby town scheme with less than half the water needs can go it alone; if it is EU policy that in order to draw down EU funding group schemes must join bundles or the person who makes this a requirement of funding; his views on whether without the leadership of a small group of persons these 1,500 families would still be without a water scheme; and if he will make a statement on the matter. [38628/05]

I assume that the Question refers to the Donaghmoyne group water scheme, County Monaghan. The provision of water treatment facilities through grouped or bundled DBO contracts was originally pilot-tested in Monaghan on the basis of a recommendation by the national rural water monitoring committee. The pilot project initially involved 11 group water schemes, including Donaghmoyne, and three local authority public water supply schemes. My Department provided a 100% capital grant to finance the project. The Donaghmoyne group scheme subsequently withdrew from the contract, notwithstanding the special 100% grant made available to schemes participating in the pilot project.

I am satisfied that the pilot project clearly demonstrated that the bundled DBO approach provides good value for money in terms of both capital and operation and maintenance costs over the 20-year service phase of such contracts. This approach has now been mainstreamed with approximately 246 group schemes serving approximately 44,000 rural households participating in bundled DBO contracts around the country. The logistical challenge of upgrading water treatment facilities for these group schemes within the short timeframe for ensuring compliance with the drinking water regulations can best be met through grouped or bundled contracts.

DBO procurement is also the preferred procurement route for new public water and sewage treatment facilities, together with bundling of schemes where it has the potential to produce economies. There are many such bundled schemes nationally. In the case of the water supply scheme for Carrickmacross, the planning of the scheme was not sufficiently advanced for it to be included in the Monaghan pilot project. However, the preliminary report for the scheme subsequently approved by my Department envisages the use of DBO procurement; and leaves open the possibility of bundling this scheme with others.

EU co-financing is provided for a number of measures under the rural water programme, including the provision of water treatment facilities for privately sourced group water schemes. EU co-financing is available for projects procured by both conventional and DBO contracts. The eligibility criteria include compliance with public procurement, financial management and control procedures, including prior approval of technical specification and approval of grants in advance of commencement of works.

Local Authority Staff.

Catherine Murphy

Question:

232 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if he intends to roll back the powers of city and county managers and expand the role of local elected representatives; and if he will make a statement on the matter. [38630/05]

Under the Local Government Act 2001 responsibility for the performance of local authority functions is shared between the elected council and the manager, with the council having the pre-eminent role through its determination of the policy and budgetary framework, and its powers of oversight and direction of the activities of the local authority.

The local government modernisation programme provides an enhanced role for elected members in policy formulation and review, in partnership with representatives of the social partners and sectoral interests through the establishment of strategic policy committees. The role of the elected member is further strengthened through the operation of the corporate policy group, which comprises the cathaoirleach and the chairs of the strategic policy committees. Additionally, local authorities have a lead role and wider sphere of influence in the county and city development board, CDB, system. The CDBs allow elected members a direct input into the services provided by other public bodies at local level.

The role of the locally elected representative has also been enhanced by the creation of the single mandate, the improved financial support framework for members and better training and information opportunities. I am determined to intensify and consolidate the gains made through the modernisation programme and, in particular, to promote improvements in performance and in service delivery by local authorities to their communities. Elected members will continue to have a key role in ensuring that their local authorities deliver on this change agenda.

Water and Sewerage Schemes.

Catherine Murphy

Question:

233 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government in view of the survey under way into the development of a Liffey Valley park, his views on whether the lands at Cooldrinagh, Leixlip which are within the Liffey Valley catchment and were recently purchased by Fingal County Council with national funds for the expansion of their water treatment plant are potentially in conflict with the objective of developing such a park; and if he will make a statement on the matter. [38631/05]

Fingal County Council's proposal to expand the Leixlip water treatment plant is included in my Department's Water Services Investment Programme 2004-06. Lands at Cooldrinagh have been acquired by the council for this purpose. I understand that Fingal County Council has an application for planning permission for the treatment plant with South Dublin County Council, in whose functional ambit it would be located. Further advancement of this proposal will be contingent on the outcome of the planning process.

I understand that the Liffey Valley park feasibility study is being undertaken by the Office of Public Works on behalf of Dublin City Council and Fingal, Kildare and South Dublin County Councils to assist the establishment of a Liffey Valley park. Apart from lands already acquired by the State for this project, and which do not include the above Cooldrinagh site, the precise extent of the proposed Liffey Valley park remains to be determined in light of the study now under way.

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