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Dáil Éireann debate -
Wednesday, 14 Dec 2005

Vol. 612 No. 3

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 7, inclusive, answered orally.
Questions Nos. 8 to 34, inclusive, resubmitted.
Questions Nos. 35 to 41, inclusive, answered orally.

Nuclear Proliferation.

Olivia Mitchell

Question:

42 Ms O. Mitchell asked the Minister for Foreign Affairs the Government’s position on the proposal that would allow Iran to operate a uranium conversion facility permanently if Tehran renounces the ability to enrich uranium on its own territory; and if he will make a statement on the matter. [39184/05]

Paul Connaughton

Question:

72 Mr. Connaughton asked the Minister for Foreign Affairs his views on the findings in the IAEA’s 18 November 2005 report which concluded that Iran was non-compliant with agency safeguard agreements agreed upon in September 2005; and if he will make a statement on the matter. [39185/05]

Pádraic McCormack

Question:

84 Mr. McCormack asked the Minister for Foreign Affairs the status of IAEA environmental testing in Iran and its effectiveness in monitoring nuclear development; and if he will make a statement on the matter. [39186/05]

Seymour Crawford

Question:

87 Mr. Crawford asked the Minister for Foreign Affairs the latest discussions which have taken place between Iran, Britain, Germany and France with regard to nuclear capability developments in Iran; and if he will make a statement on the matter. [39170/05]

I propose to take Questions Nos. 42, 72, 84 and 87 together.

Negotiations between the EU3 and Iran are currently suspended following Iran's decision of 8 August 2005 to recommence conversion of uranium at its Isfahan facility. This action was in breach of the Paris agreement signed by Iran and the EU3 — France, Germany and the United Kingdom — in November 2004. Under this agreement, Iran, inter alia, reaffirmed that it did not and would not seek to acquire nuclear weapons and committed itself to full transparency and co-operation with the IAEA. Iran, moreover, decided voluntarily to suspend all enrichment and reprocessing activities and to invite the IAEA to verify and to monitor the suspension. In return, the EU3 agreed to commence negotiations with a view to reaching a mutually acceptable agreement on long-term arrangements in the areas of political and security issues, technology and co-operation and nuclear issues.

At the board of governors meeting at the IAEA last September the EU3 co-sponsored a resolution that found Iran to be non-compliant with the agency's statute. The board has now the option to refer Iran to the UN Security Council at a future date. To avoid such referral, Iran has been urged, inter alia, to re-establish full and sustained suspension of uranium conversion and to implement transparency measures, including provision of documentation relating to its nuclear programme and providing IAEA inspectors with access to facilities. The resolution also requested the director general of the IAEA to continue his efforts to implement the resolution and previous resolutions and to report back to the board of governors on developments.

Ireland is not currently a member of the board of governors but fully supports the resolution that was adopted and hopes that Iran will take the necessary steps to comply fully with its provisions.

The director general reported again to the board last month indicating that issues in respect of the scope and chronology of Iran's centrifuge programmes remain to be resolved. He said that the agency was reviewing new information supplied by Iran and was awaiting supporting documentation. In noting that Iran's full transparency is indispensable and overdue, the director general sought permission from Iran to undertake additional visits to specified sites and to take environmental samples from these locations. The analysis of environmental samples is an important part of the agency's investigations to verify information supplied by Iran on aspects of its nuclear programme. As the sampling and analysis processes are ongoing, the agency is not yet in a position to draw any definitive conclusions.

One new element which has emerged in recent weeks is a Russian idea that all uranium enrichment in respect of lran's nuclear programme be carried out in Russia and to a lower than weapons grade standard. This is an interesting and potentially fruitful concept. So far Iran has given no signal that such an idea would be acceptable and, indeed, some Iranian spokesmen have continued to insist that enrichment must be carried out in Iran. We understand, however, that these ideas are still being explored. We welcome all efforts to find a diplomatic solution and believe that Russia is playing a helpful and constructive role in this regard.

The General Affairs and External Relations Council continues to keep the matter under regular review. At its meeting on 7 November, the Council reiterated its grave concern at Iran's resumption of activity at the uranium conversion facility in Isfahan and urged Iran to implement all measures requested by the IAEA board of governors in its resolution on 24 September, including reinstating a full suspension of all fuel cycle activities. The Council underlined the EU's continued support for a diplomatic solution to international concerns over Iran's nuclear programme and agreed to keep the EU's approach to Iran under close review in light of progress on the nuclear file and other issues of concern.

Human Rights Issues.

Eamon Gilmore

Question:

43 Mr. Gilmore asked the Minister for Foreign Affairs the role and stance of the Government with respect to ongoing inquires at both the level of the Council of Europe and the European Union with respect to the allegations of the use of secret detention centres by the United States within Europe. [39269/05]

Trevor Sargent

Question:

47 Mr. Sargent asked the Minister for Foreign Affairs if the Council of Europe has been in contact with the Government regarding the Council’s special investigation of human rights abuses in the illegal transfer of prisoners via aircraft; and if he will make a statement on the matter. [36689/05]

Pat Breen

Question:

66 Mr. P. Breen asked the Minister for Foreign Affairs if he has held discussions with his European Union counterparts with regard to the reported existence of secret detention centres within the European Union; and if he will make a statement on the matter. [39177/05]

Jan O'Sullivan

Question:

118 Ms O’Sullivan asked the Minister for Foreign Affairs his views on reports in the media that the United States has in the past month closed two secret prisons, located in Poland and Romania; the information relevant to this disclosure which can be provided; the discussions he may have had or intends to have at European Union level in view of the fact that one of these countries is a member of the EU and the other is expected to join the EU in the coming years; and if he will make a statement on the matter. [39288/05]

I propose to take Questions Nos. 43, 47, 66 and 118 together.

The allegation that there is or has been a network of secret prisons in Europe is a matter of very deep concern. The existence of such secret prisons would plainly be in breach of international law and of the principles upon which the EU is founded: liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. If the allegation were proven to be true, the Government would view such a development with the gravest concern.

The Washington Post journalists who broke this story declined to identify the European states that they alleged hosted these facilities. Human Rights Watch, a US based NGO, subsequently named two European states, Poland and Romania, both of which have denied any participation in this alleged network. However, on 10 December 2005, Poland announced an inquiry into the allegations.

Within the EU, the issue has been discussed at official level between the European Commission and officials in member states in Eastern Europe. The issue was also discussed informally during the General Affairs and External Relations Council on 21 November 2005. Following this meeting, the Presidency wrote to the US Secretary of State seeking clarification on the issue of secret prisons and rendition flights. Secretary Rice's reply of 7 December reiterated her widely reported statements on the matter.

I have instructed my officials to monitor closely any further developments in this area, including the outcome of any inquires by the European Commission or any other international body. The Government will, of course, co-operate fully with an investigation which has been launched by the Council of Europe, comprising a questionnaire from the Secretary General and an investigation by a rapporteur. The rapporteur, Senator Dick Marty, was appointed by the committee for legal affairs and human rights of the parliamentary assembly of the Council of Europe on 7 November 2005. He is expected to present his report to the PACE part session from 23-27 January 2006.

Separately, on 21 November, the Secretary General of the Council of Europe, Terry Davis, wrote to the Governments of all the Council of Europe member states, including Ireland, attaching a detailed questionnaire relating to this issue, asking that the completed version be returned before 21 February 2006. The Government will, of course, co-operate fully with the Secretary General's request, as I have already informed him in my initial reply on 9 December 2005. Officials in my Department will co-ordinate a response to the Secretary General, which will require input from a number of different Departments and Government bodies.

In parallel to the Secretary General's questionnaire, Senator Marty's investigation continues. Since its establishment, it has been widened beyond its original remit of examining secret prisons and will also examine rendition allegations. As with the Secretary General's questionnaire, the Government would be happy to co-operate with Senator Marty in the conduct of his investigation, although the Senator has not yet made any contact with the Government.

Nuclear Proliferation.

Pádraic McCormack

Question:

44 Mr. McCormack asked the Minister for Foreign Affairs the number of states that have withdrawn from the Nuclear Non-Proliferation Treaty in the past five years; and if he will make a statement on the matter. [39246/05]

Paul Connaughton

Question:

73 Mr. Connaughton asked the Minister for Foreign Affairs the position with regard to reform of the Nuclear Non-Proliferation Treaty; and if he will make a statement on the matter. [39248/05]

Olivia Mitchell

Question:

124 Ms O. Mitchell asked the Minister for Foreign Affairs the states that are not signatories to the Nuclear Non-Proliferation Treaty; and if he will make a statement on the matter. [39247/05]

I propose to take Questions Nos. 44, 73 and 124 together.

Ireland has a particularly close association with the Nuclear Non-Proliferation Treaty, NPT, which came into existence following an initiative taken by a distinguished predecessor in this office, the late Frank Aiken. His pioneering efforts were duly recognised when Ireland was invited in 1968 to be the first country to sign the treaty after it had been negotiated. Since then, support for the treaty has been our highest priority in the area of disarmament and non-proliferation.

The NPT is the most universal of all the multilateral disarmament and non-proliferation treaties. Of the 191 members of the United Nations, only three countries, India, Israel and Pakistan, have failed to sign the treaty. The Democratic People's Republic of Korea, DPRK, is the only country ever to announce its withdrawal from the treaty. It did so in January 2003, one month after expelling inspectors of the International Atomic Energy Agency from its territory. Since announcing its withdrawal from the NPT, the DPRK has claimed, in February of this year, that it possesses nuclear weapons.

The best hope for a peaceful solution to this problem lies in the six party talks process involving the DPRK, South Korea, Japan, China, the Russian Federation and the United States. China has played the lead role in these talks, having initiated the process and chaired all sessions of the talks to date. On 19 September 2005 the six countries concerned issued a joint statement which contained a commitment by the DPRK to abandon all nuclear weapons and existing weapons programmes and return to the NPT and to the International Atomic Energy Agency safeguards. I look forward to the early implementation of these commitments and the establishment of verification arrangements in which the International Atomic Energy Agency could play a useful role.

As regards the three countries that have yet to sign up to the NPT, I have made clear my view that they should accede to the NPT as non-nuclear weapons states parties. I reiterated this call last May at the NPT review conference in New York. I described their decision to remain outside the NPT regime to be of serious concern and urged all three countries to accede to the treaty unconditionally at an early date. Such a call has also been made in recent statements of the European Union. All EU member states are legally obliged to pursue this objective in line with an EU common position, agreed in November 2003, promoting the universalisation of key multilateral disarmament and non-proliferation instruments, including the NPT.

We will continue to press for the universalisation of the treaty. Ireland most recently joined with our partners in the new agenda coalition, NAC, to submit a resolution on the NPT to the first committee of the United Nation General Assembly in October. In addition to reaffirming the outcome of the 2000 NPT review conference as the framework for the pursuit of nuclear disarmament, the resolution also called for the universalisation of the NPT and urged Israel, India and Pakistan to accede to it as non-nuclear weapons states promptly and without conditions. A separate vote was called on this latter aspect and some 148 countries voted in favour. The resolution came before the plenary of the General Assembly last Thursday and drew even greater support, with 158 countries endorsing the language on universalisation.

There is no reform process, as such, under way in respect of the NPT. Review conferences take place every five years, however, and afford an opportunity to review the implementation of the treaty and all its provisions. The next scheduled NPT review conference will take place in 2010 and will be preceded by a series of preparatory meetings beginning in 2007. Regrettably, the last review conference, in May of this year, ended without agreement on substantive conclusions and recommendations on how to strengthen the non-proliferation regime.

I have made clear the Government's deep disappointment at this outcome. This was a missed opportunity for the international community to tackle some key threats to global peace and security and to agree an effective collective response. We continue to believe that global challenges are best tackled together, through such a response. Action to strengthen the treaty and ensure full respect for all its provisions remains essential and we will spare no effort in pursuit of this objective.

Question No. 45 answered with QuestionNo. 40.

Human Rights Issues.

Jan O'Sullivan

Question:

46 Ms O’Sullivan asked the Minister for Foreign Affairs his views on the arrest and detention on 13 November 2005 of Kizza Besigye, the leader of the Forum for Democratic Change in Uganda and the principal challenger to the presidency of Yoweri Museveni, in view of trends in governance in Uganda; if these developments suggest grounds for a reconsideration of the nature and scope of Ireland’s current policies towards the Government of Uganda; and if he will make a statement on the matter. [39287/05]

The Government views with deep concern the arrest on 14 November of the leader of the Forum for Democratic Change, FDC, Dr. Kizza Besigye, along with 22 others, on treason and other serious charges. These concerns have been compounded by the manner in which Dr. Besigye and his co-accused have subsequently found themselves also facing similar charges before a military general court martial, at the same time as their civil case before the Ugandan High Court is proceeding. Our concerns at these developments and their implications for political reform efforts in Uganda were clearly communicated to the Ugandan Government in a meeting between the Secretary General of my Department and the Ugandan ambassador on 15 November.

The EU has also expressed its deep concern, in a statement issued on 18 November, which urged that due process and the full protection of the Ugandan constitution be afforded to Dr. Besigye and his 22 co-accused. EU and donor ambassadors in Kampala, including Ireland's chargé d’affaires, are closely following developments, including attending court proceedings where possible. They have also engaged in regular, ongoing discussions with President Museveni and the members of his government aimed at ensuring that Dr. Besigye is justly treated and the political transition process put back on track. It has been clearly communicated to the Museveni government that a failure to respond to the EU’s concerns over Dr. Besigye’s arrest and its implications for the political transition can only result in serious implications for our future relations with Uganda.

A number of legal challenges to the competence of the general court martial to try Dr. Besigye and his 22 co-accused have been filed in Uganda's Constitutional Court and a hearing of these suits has now been fixed for today, 14 December. The Constitutional Court has also been asked to rule in a separate application on Dr. Besigye's entitlement to bail, which was granted on an interim basis by the High Court on 25 November. However, Dr. Besigye has not been able to avail of this due to the military court charges he faces and, as a result, he remains in custody.

Dr. Besigye is due to stand as his party's candidate in the presidential election now likely to take place next February and it appears that, notwithstanding his imprisonment, he will be able to submit his nomination by the requisite deadline of 15 December. Ireland, along with our EU and donor partners, has repeatedly made clear that a level playing field must be established for all parties if genuinely free and transparent elections are to take place in Uganda next spring. It is imperative, therefore, that there should be a speedy, fair and transparent hearing before a civil court of the serious charges which Dr. Besigye and his co-accused face. They should also be extended due legal process and all protections extended under the Ugandan constitution.

The Government has repeatedly made clear its concerns over the slow pace of democratic reform and the need for improved governance in Uganda. These concerns led to the decision earlier this year to cut support to the Ugandan Government by €3 million. We are continuing to monitor the situation closely and will review our co-operation with Uganda in the light of further progress towards strengthening democracy and improved governance in that country.

Question No. 47 answered with QuestionNo. 43.
Question No. 48 answered with QuestionNo. 40.

Emigrant Support Services.

Dan Neville

Question:

49 Mr. Neville asked the Minister for Foreign Affairs the position regarding US legislation designed to be of assistance to undocumented Irish in the United States; and if he will make a statement on the matter. [39192/05]

Bernard J. Durkan

Question:

100 Mr. Durkan asked the Minister for Foreign Affairs if he has had recent discussions with his US counterpart with reference to the resolution of issues affecting undocumented Irish in the US; and if he will make a statement on the matter. [39209/05]

Kathleen Lynch

Question:

117 Ms Lynch asked the Minister for Foreign Affairs, in view of his visit to the United States in November 2005 and his letter to Representatives in advance of this visit, the position regarding the visit and in particular the progress of the two principal bills, namely Kennedy/McCain and Kyl/Cornyn, being considered in the United States legislature; and if he will make a statement on the matter. [39289/05]

Michael Ring

Question:

187 Mr. Ring asked the Minister for Foreign Affairs the progress which has been made on the legislative process with regard to the undocumented Irish in the United States following his recent visit to America; the persons he met regarding this matter; and if he will make a statement on the matter. [39719/05]

Bernard J. Durkan

Question:

220 Mr. Durkan asked the Minister for Foreign Affairs if he has made recent overtures to the US authorities with a view to resolution of the problem of undocumented Irish in the US; and if he will make a statement on the matter. [39617/05]

I propose to take Questions Nos. 49, 100, 117, 187 and 220 together.

As Deputies are aware, including from recent debates and information that I have circulated to all Members of the Oireachtas, the legislative debate in Washington D.C. has entered a critical phase. Various proposals are under consideration at present, of which the bills sponsored by Senators Kennedy and McCain and by Senators Kyl and Cornyn remain the most comprehensive and significant politically. The approach put forward by Senators Kennedy and McCain is particularly attractive as it would offer the undocumented a path to permanent residency.

As I outlined in the information note that I circulated to Members of the House last month, the legislative situation is fluid and members of Congress are slow to make predictions. Despite significant developments, achieving the necessary compromise on this issue remains a formidable challenge. For example, in recent days the Judiciary Committee of the House of Representatives passed a further bill which will shortly be debated on the House floor, perhaps as early as this week. This bill, which is one of over 50 draft immigration bills currently before Congress, focuses on measures to improve border security and enhance enforcement. It does not provide for measures that would allow the undocumented to regularise their status. I welcome the engagement of President Bush in this issue and, in particular, his strong assertion in recent comments in Arizona that dealing with immigration must involve reform as well as enforcement.

I have visited the United States twice in recent weeks. In all of my contacts in New York, Boston and Washington D.C., including with Secretary of State, Condoleezza Rice, and former President Clinton, I have briefed my interlocutors on the importance which the Government attaches to addressing the situation in a positive and sympathetic way. In particular, I have made known our support, and the support of this House, for the approach favoured by Senators Kennedy and McCain.

When Senator Kennedy and I met recently in Washington D.C. we reviewed the overall prospects for US legislative reform. I was delighted to have the opportunity to express to him our deep appreciation for his exceptional efforts on this issue in Congress. Senator Kennedy, for his part, warmly welcomed the motions passed by both Houses of the Oireachtas in support of the legislative initiative which he, Senator McCain and others have introduced.

A significant development of note in recent weeks has been the establishment of the Irish Lobby for Immigration Reform. This grassroots mobilisation of the Irish American community in support of the approach to immigration reform favoured by Senators Kennedy and McCain had its inaugural meeting on 9 December. I warmly welcome this timely action by the Irish community in the US and the House can be assured that the Government fully supports the aims of this group.

Middle East Peace Process.

Caoimhghín Ó Caoláin

Question:

50 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if he will make a statement on the third party role to be undertaken by the EU in the Agreement on Movement and Access between the Government of Israel and the Palestinian Authority discussed at the EU General Affairs and External Relations Council meeting in Brussels on 21-22 November 2005. [39237/05]

Arthur Morgan

Question:

61 Mr. Morgan asked the Minister for Foreign Affairs the date of deployment of the EU mission relating to the Agreement on Movement and Access between the Government of Israel and the Palestinian Authority and agreed to at the EU General Affairs and External Relations Council meeting in Brussels on 21-22 November 2005. [39240/05]

Caoimhghín Ó Caoláin

Question:

75 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs his views on the Agreement on Movement and Access between the Government of Israel and the Palestinian Authority discussed at the EU General Affairs and External Relations Council meeting in Brussels on 21-22 November 2005. [39236/05]

Martin Ferris

Question:

86 Mr. Ferris asked the Minister for Foreign Affairs the concept of operations for the EU mission agreed to be undertaken relating to the Agreement on Movement and Access between the Government of Israel and the Palestinian Authority discussed at the EU General Affairs and External Relations Council meeting in Brussels on 21-22 November 2005. [39238/05]

Martin Ferris

Question:

106 Mr. Ferris asked the Minister for Foreign Affairs if he will make a statement on the commitments included in the Agreement on Movement and Access between the Government of Israel and the Palestinian Authority that were referred to by the EU General Affairs and External Relations Council conclusions from its meeting in Brussels on 21-22 November 2005; and the way in which the EU intends to ensure that these commitments are translated into reality. [39239/05]

Arthur Morgan

Question:

120 Mr. Morgan asked the Minister for Foreign Affairs when the Rafah border crossing point discussed at the EU General Affairs and External Relations Council meeting in Brussels on 21-22 November 2005 is likely to be fully opened. [39241/05]

Aengus Ó Snodaigh

Question:

203 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will use the opportunity of the General Affairs and External Relations Council on 15-16 December 2005, in particular the EU-Israel Association Council item, to ensure that further progress is made with regard to the role of the EU in ensuring that the commitments made in the Agreement on Movement and Access between the Government of Israel and the Palestinian Authority are translated into reality and built on; and if he will press for the suspension of the Euro-Mediteranean Association Agreement with Israel on the basis of Article 2 of that agreement. [39522/05]

I propose to take Questions Nos. 50, 61, 75, 86, 106, 120 and 203 together.

The Government and our partners in the EU warmly welcomed the conclusion of the Agreement on Movement and Access between Israel and the Palestinian Authority on 15 November, with the assistance of US Secretary of State Condoleezza Rice and High Representative Solana. The agreement represents a major step towards improving the humanitarian situation in Gaza and promoting economic development following Israel's disengagement.

It provided for the opening before the end of November of crossing points between Gaza, Israel and Egypt. It enables the export of all agricultural products from Gaza during the current harvest season. It establishes arrangements, which we hope to see finalised this month, for convoys between Gaza and the West Bank and it provides for the construction of a seaport in Gaza, and further discussion on rebuilding the airport. The EU is working together with the US and other members of the international community to ensure that the parties resolve the outstanding issues under the agreement and maintain their commitment to its full implementation.

At the invitation of both parties, the EU agreed to play a third party role to ensure that the agreement could take effect. The meeting of the General Affairs and External Relations Council which I attended in Brussels on 21 November decided to launch an ESDP mission to monitor the operation of the border crossing point at Rafah, on the Gaza-Egypt border, and to help build Palestinian border management capacity. The Government has contributed €200,000 towards the set-up costs of the mission.

It began operations on 25 November, with the re-opening of the crossing point. It is expected to last for 12 months, with a total staff of some 70 personnel drawn from member states. We expect that the mission will be fully operational in January, which will allow continuous opening of the crossing. So far, the crossing has opened for some six hours a day, which has, in fact, been sufficient to meet the needs at the moment of the population of Gaza.

The concept of operations for the mission is a confidential document setting out the parameters under which it will act. The overall role of the mission, however, is to monitor, verify and evaluate the performance of the Palestinian authorities in implementing the agreed principles for the Rafah crossing. It also contributes to Palestinian capacity building in border and customs management and to liaison between the Palestinian, Israeli and Egyptian authorities in all aspects of the management of the crossing point. It is important to note that the mission in no way detracts from the Palestinian Authority's responsibility for border and customs management.

The overall role of the EU was reviewed at the meeting of the General Affairs and External Relations Council which I attended in Brussels on 12 December. The EU-Israel Association Council had been due to meet the same day. However, the Israeli Government requested a postponement in view of the opening of the general election campaign in Israel. I look forward to the rescheduled meeting during the Austrian EU Presidency, in the first half of 2006. I do not believe that suspension of the association agreement, which would require consensus within the European Union, would serve the interests of any of the parties. Such action could seriously undermine the role of the EU in the peace process and create difficulties in implementing programmes of assistance to the Palestinian Authority.

Aengus Ó Snodaigh

Question:

51 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if, in view of the acknowledgement by the EU General Affairs and External Relations Council conclusions from its meeting in Brussels on 21-22 November 2005 that Israeli activities including the construction of the apartheid wall, settlement building and home demolitions threaten to make any solution based on the coexistence of two viable states physically impossible and are contrary to international law and in particular in view of the fact that these activities are in breach of the fourth Geneva Convention outlawing collective punishment, he will urge the EU to suspend the Euro-Mediterranean Association Agreement with Israel under Article 2 of that agreement which provides its suspension on the grounds of non-compliance with international law and human rights. [39245/05]

Róisín Shortall

Question:

60 Ms Shortall asked the Minister for Foreign Affairs his views on the opening of an Israeli checkpoint at Rachel’s Tomb in the Beit Sahour municipality in the occupied Palestine territory, which controls movement between Bethlehem and east Jerusalem and which is having an extremely deleterious impact on the local economy and tourism, as has been raised by the local mayor; the discussions he and his officials have had on the matter; and if he will make a statement on the matter. [39285/05]

Róisín Shortall

Question:

77 Ms Shortall asked the Minister for Foreign Affairs his response to the substance of a United Kingdom Foreign Office memorandum, reportedly presented to the EU Council of Ministers in a meeting of 21 November 2005, in which it was claimed the continued construction of settlements and the West Bank barrier wall by Israel, in violation of international law, are deliberately intended to ensure the de facto annexation of the Arab area of Jerusalem; and if he will make a statement on the matter. [39286/05]

Seán Crowe

Question:

91 Mr. Crowe asked the Minister for Foreign Affairs if he will make a statement on the Israeli practice of home demolitions in the occupied Palestinian territories, and in east Jerusalem in particular, stated to be of grave concern by the EU General Affairs and External Relations Council conclusions from its meeting in Brussels on 21-22 November 2005; and if he will make a further statement on the discussions which took place on this matter at the meeting. [39242/05]

Aengus Ó Snodaigh

Question:

130 Aengus Ó Snodaigh asked the Minister for Foreign Affairs, in view of the acknowledgement by the EU General Affairs and External Relations Council conclusions from its meeting in Brussels on 21-22 November 2005 that Israeli activities including the construction of the apartheid wall, settlement building and home demolitions threaten to make any solution based on the coexistence of two viable states physically impossible and are contrary to international law, the steps he and the EU will take to force Israel to cease the activities in question; and if these steps will include the suspension of preferential trade with Israel. [39244/05]

Seán Crowe

Question:

132 Mr. Crowe asked the Minister for Foreign Affairs the steps that he and the EU intend to take to bring about an end to the Israeli practice of home demolitions in the occupied Palestinian territories on which the EU General Affairs and External Relations Council conclusions from its meeting in Brussels on 21-22 November 2005 expressed grave concern. [39243/05]

I propose to take Questions Nos. 51, 60, 77, 91, 130 and 132 together.

The Government, together with its partners in the EU, firmly believes that the quartet road map provides the best framework for a peaceful and lasting settlement of the Israeli-Palestinian conflict. The EU is working with the parties to ensure that they take advantage of the opportunity offered by the Israeli disengagement from Gaza for a return to full implementation of the road map. This will require parallel action by the Israeli Government and by the Palestinian Authority.

The Union has consistently outlined its clear view of the requirements of both parties if further progress is to be made towards a negotiated settlement based on the road map. We have called on the Palestinian Authority to fulfil its obligations on security issues and we will support their efforts to this end. The EU has also repeatedly stressed the need for a halt to Israeli settlement activities in the Palestinian territories and expressed its serious concern at the continuing construction of the separation barrier in occupied territory, contrary to international law.

The two meetings of the General Affairs and External Relations Council which were held during November reviewed all aspects of the Middle East peace process, including Israeli activities in the Palestinian territories. The conclusions adopted by the meeting on 21 November underlined in particular the grave concern of the EU at Israeli activities in and around east Jerusalem, including settlement building, construction of the separation barrier and house demolitions. They set out the clear view of the Council, including Ireland, that these activities reduce the possibility of reaching a final status agreement on Jerusalem, threaten to make any solution based on the coexistence of two viable states physically impossible and are contrary to international law. The EU will maintain its opposition to any measures which would prejudge the outcome of permanent status negotiations. The EU will not recognise any change to the pre-1967 borders other than those arrived at by agreement between the parties.

The Government recognises the right, and indeed the duty, of the Israeli Government to protect the security of its citizens. However, the EU has consistently urged Israel not to pursue policies which create obstacles to the implementation of the road map and, therefore, to the prospects for a lasting settlement. I am also concerned at the humanitarian and economic consequences of policies in the occupied territories and at the infringements of recognised human rights principles for the Palestinian population.

I am aware of the particular difficulty which the checkpoint referred to, in the Beit Sahour municipality, is causing for anyone wishing to travel between east Jerusalem and Bethlehem. I am also conscious of very real concerns about the negative effect on the local economy. The problems are highlighted at this time of the year when many pilgrims from around the world who would wish to visit Bethlehem face the prospect of significant delays. In our bilateral contacts with the Israeli authorities, and in co-operation with our EU partners, the Government continues to emphasise that all security measures, including demolition of houses, should conform with the requirements of international humanitarian law and should be applied in a manner which minimises negative consequences for the civilian population of the occupied territories.

The Government and its partners in the EU will continue to engage directly and constructively with the Israeli Government and with the Palestinian Authority to encourage them to fulfil their obligations under the road map and under international law. I do not believe that the suspension of the EU's Association Agreement with Israel, which would require consensus within the European Union, would serve the interests of any of the parties. Article 2 of the agreement, to which the Deputy refers, reinforces obligations which already apply to the signatories with respect to human rights. Meetings of the Association Council provide the EU with an important additional opportunity to highlight concerns about the human rights implications of Israel's security policies. A move to suspend the agreement could seriously undermine the role of the EU in the peace process and create difficulties in implementing programmes of assistance to the Palestinians.

Human Rights Issues.

Joan Burton

Question:

52 Ms Burton asked the Minister for Foreign Affairs if Ireland supports, and will advocate the European Union to support, the retention and expansion of the office of the representative of the United Nations High Commissioner for Human Rights in Bogota, Colombia; and if he will make a statement on the matter. [39275/05]

The Office of the High Commissioner for Human Rights, OHCHR, in Colombia was established on the basis of an agreement between the Government of Colombia and the United Nations in 1996. In September 2002, the office's mandate was extended until October 2006. The retention and expansion of the office is for negotiation between the UN and the Colombian Government but we would support a further extension of its mandate.

The office's role is to observe the level of respect for human rights and international human rights law in the country and to advise, and to provide technical assistance to, government authorities and civil society on the formulation and implementation of policies, programmes and measures to promote and protect human rights. Ireland monitors the human rights situation in Colombia along with our partners in the European Union. The General Affairs and External Relations Council on 3 October 2005 commended the work of the OHCHR in Colombia and confirmed the EU's willingness to work closely with it. The Council also reiterated its call on all parties to the conflict to respect human rights and international humanitarian law.

Ireland and the EU will continue to monitor the human rights situation in Colombia and will give full support to the OHCHR in its negotiations with the Colombian Government regarding the future of its presence in Colombia.

Question No. 53 answered with QuestionNo. 40.

Rapid Response Initiative.

Ciarán Cuffe

Question:

54 Mr. Cuffe asked the Minister for Foreign Affairs his initiative, announced at the Royal Irish Academy on 18 November 2005, to establish two organisations to assist the developing world; and if he will make a statement on the matter. [39310/05]

Dan Boyle

Question:

76 Mr. Boyle asked the Minister for Foreign Affairs if his Department will be engaged in the operation of the proposed new volunteer corps unit; and if he will make a statement on the matter. [36767/05]

Enda Kenny

Question:

107 Mr. Kenny asked the Minister for Foreign Affairs his proposals for the establishment of a voluntary humanitarian corps; and if he will make a statement on the matter. [39196/05]

Liam Twomey

Question:

122 Dr. Twomey asked the Minister for Foreign Affairs when the voluntary humanitarian corps will be available to offer assistance to countries or regions in crisis; and if he will make a statement on the matter. [39197/05]

I propose to take Questions Nos. 54, 76, 107 and 122 together.

Last month, I announced two initiatives to coincide with the Government's decision to make substantial increases in Ireland's programme of official development assistance over the coming years. These are, first, to establish a rapid response initiative with the aim of strengthening Ireland's contribution to emergency and disaster response in developing countries and, second, to facilitate and harness the vibrant volunteering spirit which is thriving in Irish society today.

Disasters such as the tsunami of 26 December 2004, the Niger food crisis, the impact of the hurricane season in the Caribbean and, more recently, the Pakistan earthquake have all served to direct public attention towards natural and man-made disasters and the international response. It is clear that the international community could respond more effectively to such disasters and crises. At EU level I have pushed for a stronger Union response. Ireland is one of the world's highest per capita contributors to global humanitarian crises by members of the public. Furthermore, Government funding to humanitarian action is set to increase substantially in the near future as the aid budget increases.

I wish to deliver a more operational and value added response to humanitarian crises through a rapid response initiative. Specifically, opportunities for enhancing Ireland's existing crisis response capacity will include: the pre-positioning and transportation of humanitarian supplies to disasters by the Department of Defence, the Defence Forces and the Department of Foreign Affairs — these supplies will be ready for deployment at short notice; a roster of highly skilled and experienced individuals, including from the Defences Forces, who will be available at short notice for deployment, with key national and international humanitarian response agencies and mechanisms, to situations of great need — further specialised training will be provided to these individuals; standby arrangements and support to highly regarded international humanitarian response agencies and mechanisms including the UN joint logistics centre, UN disaster assessment and co-ordination teams and the International Humanitarian Partnership.

These areas were amongst those identified in a recent study commissioned by my Department in the aftermath of the Asian tsunami which concluded that there were a number of niches available to Ireland where we could enhance our response to emergencies in developing countries. They also represent a further strengthening of the capabilities of our key partners through recognising the unique and primary role of the United Nations in disaster response. My officials are working closely with their counterparts in the Department of Defence to bring this initiative forward.

Turning to the volunteering area, I have also announced the creation of a dedicated volunteer corps unit within my Department. It will have a clear and straightforward mandate — to harness and facilitate the strong volunteer spirit, the interest in development work and the wide range of abilities that exists throughout the country. This will be achieved by: the establishment of a dedicated "one stop shop" to provide information to the public on opportunities for volunteering and to provide information on all aspects of Ireland's overseas aid programme — this facility will be in a highly visible and accessible location in the city centre, will be opened as early as possible next year and any individual interested in volunteering will be given information and advice on how best to get involved in development work; providing greater assistance to existing volunteering and development agencies, and identifying opportunities for more Irish individuals to work with groups such as the United Nations Volunteers Organisation — we will increase funding for development immersion type visits by young people and secondary schools, thereby building a new generation of advocates for the developing world. The new unit will also facilitate development partnerships between Irish companies and State agencies across all sectors with their counterparts in the developing world. My aim is to harness the skills of Irish workers in industry, education, the health sector and across the public and private sectors and facilitate matching their skills with needs in the developing world.

These two initiatives are aimed at bringing forward important aspects of public involvement in the aid programme. I wish to strengthen public awareness of, and buy-in to, this programme which is already justifiably praised internationally. I believe these initiatives will make an important contribution in this regard. Irish people should be justifiably proud of our overseas aid programme and genuinely feel a part of its efforts to reduce poverty worldwide.

Middle East Peace Process.

Eamon Ryan

Question:

55 Mr. Eamon Ryan asked the Minister for Foreign Affairs the position regarding EU diplomatic efforts to assist the Middle East peace process; and if he will make a statement on the matter. [39313/05]

Jimmy Deenihan

Question:

78 Mr. Deenihan asked the Minister for Foreign Affairs the status of peace talks in the Middle East; and if he will make a statement on the matter. [39188/05]

I propose to take Questions Nos. 55 and 78 together.

The Government and its partners in the EU firmly believe that the quartet road map provides the best framework for a lasting and peaceful resolution of the Israeli — Palestinian conflict. The EU is continuing to work with Israel and the Palestinian Authority to ensure that they take advantage of the opportunity following the disengagement from Gaza for a return to full implementation of the road map. The immediate priority is to ensure early implementation of all aspects of the agreement on movement and access which was reached on 15 November, with the assistance of the US and the EU. The Union is playing its part through its engagement with the parties, the launch of the EU border assistance mission at Rafah and strong support for the work of the quartet's special envoy for disengagement, Mr. James Wolfensohn.

The months ahead will be dominated politically by the Israeli and Palestinian election campaigns. It is important, however, that all parties bear in mind the need for early progress on implementation of their obligations under the road map. This will involve parallel action by the Israeli Government and by the Palestinian Authority, with the support of the EU and the wider international community.

With our partners in the EU, the Government will continue to encourage the parties towards the negotiation of a lasting settlement based on the coexistence of two states. This will entail the creation of an independent, democratic and viable Palestinian state, living in peace and security with Israel and with its neighbours. I remain convinced that such an outcome can be achieved through negotiation and that it would represent a major step towards the establishment of a truly secure, prosperous and peaceful Middle East region.

Question No. 56 answered with QuestionNo. 40.

Foreign Conflicts.

Mary Upton

Question:

57 Dr. Upton asked the Minister for Foreign Affairs if, in the context of growing insecurity and greatly reduced humanitarian access in the Darfur region of Sudan, he will increase Ireland’s financial support to the African Union mission in Sudan beyond the €1.5 million currently allocated; if he supports an expansion of its mandate; and if he will make a statement on the matter. [39280/05]

Mary Upton

Question:

116 Dr. Upton asked the Minister for Foreign Affairs, further to the UN Sudan work plan appeal for $1.7 billion launched last week and the fact that 3.5 million persons in Darfur alone continue to rely on humanitarian assistance, if Ireland is considering increasing the amount of aid provided; and if he will make a statement on the matter. [39279/05]

Bernard J. Durkan

Question:

212 Mr. Durkan asked the Minister for Foreign Affairs the progress in regard to the war and starvation in the Sudan; and if he will make a statement on the matter. [39609/05]

Bernard J. Durkan

Question:

215 Mr. Durkan asked the Minister for Foreign Affairs the position in regard to alleviation of strife and starvation in Darfur; and if he will make a statement on the matter. [39612/05]

I propose to take Questions Nos. 57, 116, 212 and 215 together.

I remain gravely concerned by the humanitarian situation in Sudan, particularly in the Darfur region of western Sudan. The conflict in Darfur has displaced about 1.8 million people during the last two years. Estimates vary but up to 200,000 people have died from the conflict, directly or indirectly.

Recently, the security situation in Darfur has deteriorated with appalling attacks on African Union peacekeepers, internally displaced persons and humanitarian workers. These attacks are greatly hampering the efforts of humanitarian workers and jeopardising the assistance which is being provided to over 2 million people. On 12 December, the General Affairs and External Relations Council condemned the continuing violence in Darfur and expressed concern that the vital delivery of relief supplies was being hampered.

The Council also commended the achievements of the African Union mission in Sudan, AMIS, to date and referred to the financial, technical and logistical support being provided to this mission by the EU and its member states. The EU will participate in a forthcoming review by the African Union of the situation in Darfur and the AMIS operation. This review is expected to also consider the future mandate and funding of AMIS, including the possibility that it may eventually become a UN led operation. Its recommendations will be considered by the African Union's peace and security council and heads of state and government during January 2006. Ireland has provided €1.5 million in funding to AMIS since 2004. The question of providing additional Irish funding or technical support to AMIS will be considered after the mission's future mandate and status have been clarified.

Since the only solution to the crisis in Darfur is a political one, it is crucial that a framework agreement be concluded before the end of 2005 at the African Union mediated peace negotiations in Abuja, Nigeria. It is hoped that the development of a joint negotiation strategy by all the Darfur rebel groups and the presence of the Sudan People's Liberation Movement, SPLM, in the Government of National Unity delegation will lend a new dynamic to the process. However, progress to date has been slow. Since the people of Darfur are living in unacceptable circumstances, I call on all parties to put aside their local, regional and national rivalries and negotiate flexibly and constructively, so that a pragmatic solution, leading to a sustainable peace agreement and security on the ground, can be reached during this round.

At the Oslo International Donors Conference in April this year, Ireland pledged support of €15 million to Sudan over the next two years. We are assisting the people of Sudan in moving towards the recovery and rebuilding of their lives. However, I am also conscious that the two and a half million people directly affected by the conflict in Darfur will continue to require humanitarian assistance for some time to come, particularly in the absence of a political resolution.

In 2005, Ireland has provided €9.8 million in support to Sudan. Support of almost €4 million has been provided to address humanitarian needs in Darfur. Ireland's emergency assistance to Darfur in 2005 has been provided to Concern, GOAL, Oxfam Ireland, Médecins sans Frontières and Trócaire, as well as the UN Office for the Co-ordination of Humanitarian Affairs, OCHA, for its crucial co-ordinating role in the overall humanitarian response.

Ireland will collaborate with a number of donor partners in 2006 to provide funding directly to the UN humanitarian co-ordinator in Sudan. This will enable the co-ordinator to receive predictable funding which he will, in turn, earmark for the most urgent priority activities within the UN work plan for 2006. In addition, Ireland will continue to provide funding support for emergency and recovery activities to our other partners in the UN and NGOs. Ireland continues to attach high priority to ensuring that the humanitarian and development needs of Sudan, including Darfur, are met by the international community over the coming years.

European Council Meetings.

Paul Nicholas Gogarty

Question:

58 Mr. Gogarty asked the Minister for Foreign Affairs if he will report on 7 December 2005 emergency meeting of EU Foreign Ministers to discuss the EU budget; and if he will make a statement on the matter. [39312/05]

Fergus O'Dowd

Question:

98 Mr. O’Dowd asked the Minister for Foreign Affairs if an agreement will be reached under the UK Presidency of the EU with regard to the next financial perspectives; and if he will make a statement on the matter. [39194/05]

I propose to take Questions Nos. 58 and 98 together.

The European Council meets tomorrow to try to reach political agreement on the European Union's future financial perspectives for the period 2007-2013. Negotiations are likely to be difficult as there are important issues to resolve. We continue to press for a deal that will enable the Union to meet the needs and expectations of its citizens over the years ahead.

As part of the preparations for tomorrow's meeting of heads of state and government, I participated at two meetings of EU Foreign Ministers over the past week. The first was a ministerial "conclave" devoted to the financial perspectives on 7 December, while the second was the General Affairs and External Relations Council on 12 December. Member states have set out in detail their reactions to the UK Presidency's compromise proposals issued on 5 December. A revised Presidency proposal is expected later today.

At the conclave and at the Taoiseach's bilateral meeting on 9 December with the President of the European Council, Prime Minister Tony Blair, Ireland expressed considerable concern at the thrust of the Presidency proposals, especially the cuts affecting cohesion and rural development. We agree with almost all other member states that the UK's offer on the rebate is insufficient and that all member states need to pay their fair share of the costs of enlargement. We are seeking for the October 2002 agreement on the CAP to be respected fully. We are opposed to a review whose outcome is meant to take effect in advance of 2014.

These are the main issues for Ireland in the lead-up to tomorrow's European Council. There is no doubting the widespread desire for political agreement on the financial perspectives. Much will depend, however, on the revised compromise proposals expected shortly. An agreement can still be achieved but there is a need for movement on a number of key fronts. The Government will report to the House in detail on the European Council's outcome early next year.

Foreign Conflicts.

Gerard Murphy

Question:

59 Mr. G. Murphy asked the Minister for Foreign Affairs the political and security situation in Iraq; and if he will make a statement on the matter. [39180/05]

Joe Costello

Question:

71 Mr. Costello asked the Minister for Foreign Affairs his views on the conduct of the trial of former Iraqi President Saddam Hussein currently taking place in Baghdad in view of the killing of lawyers assisting Mr. Hussein; the statement by the United States Government that it cannot be responsible for the safety of the defence team; the fact that the highest UN human rights official in Iraq has said that this tribunal will never be able to produce the kind of process that would be able to satisfy international standards; and if he will make a statement on the matter. [39284/05]

I propose to take Questions Nos. 59 and 71 together.

The elections in Iraq tomorrow will be the start of the final phase in the political process for the reconstruction of Iraq which was set out by the UN Security Council in Resolution 1546 of June 2004. The period of interim and transitional governments is almost over. The elections are being held under the new constitution of Iraq, which was approved by the people in a referendum on 15 October. The new national assembly and government which will be formed following the elections will be fully sovereign and mandated for a four year term.

The Government and our partners in the EU have strongly supported the Iraqi people as they work to build a democratic society following years of dictatorship. I hope that they will exercise their democratic rights in large numbers tomorrow and that they will not be deterred from voting by those working to destroy the political process through the use of brutal violence against innocent civilians and government officials.

The political process in Iraq has resulted in very substantial progress, especially in recent months. However, nobody would underestimate the political challenges ahead. A key political priority will be to encourage the reconciliation to the new political structures of the minority Sunni community, which voted strongly against the new constitution in October. It is a positive development that tomorrow's elections, unlike those in January, are being contested by the Sunni parties. It will be important that the Sunni community are democratically represented in the new assembly, in proportion to their numbers in the Iraqi population. There will be a short period of review of the new constitution, during which it is hoped that some of the outstanding concerns of the Sunni community can be met.

Against the background of this political progress, the security situation in Iraq remains a cause of grave concern. It continues to hamper the work of rebuilding Iraq's economy, infrastructure and public services. Large scale bomb attacks against both Iraqi Government employees and Shia and Kurdish civilians continue on an almost daily basis. In recent weeks there has been an alarming new wave of kidnappings and abductions, affecting large numbers of Iraqi families but also a number of foreign nationals.

I welcome the determination of the Iraqi authorities to ensure that former president Saddam Hussein faces trial for the terrible crimes of which he has been accused. His trial is now in recess for two weeks while the elections are held. I am aware that some observers, including a UN human rights officer in Iraq, have expressed concerns about the difficulty of holding a trial in Iraq which fully meets international standards. The murder of two members of the defence legal team has added to those concerns.

It is important that every effort be made to ensure that the trial of Saddam Hussein and his co-defendants meets international standards to the extent possible. Clearly this poses challenges for the Iraqi authorities and for the legal system. There can be no doubt that the defendants have a case to answer for very serious crimes and that the people of Iraq deserve to see these crimes accounted for. The trial is taking place in an open Iraqi court under Iraqi law and it is fully televised. The defendants have full legal representation and the judges give every appearance of taking their responsibilities very seriously.

Question No. 60 answered with QuestionNo. 51.
Question No. 61 answered with QuestionNo. 50.

Infectious Diseases.

Olwyn Enright

Question:

62 Ms Enright asked the Minister for Foreign Affairs the efforts being undertaken at European level to put in place protection for citizens in the event of an outbreak of avian flu; and if he will make a statement on the matter. [39190/05]

The EU has undertaken a substantial volume of work on both the avian and pandemic influenza threats. This work aims to improve the capacity of the Union and its member states to prevent, prepare for and respond to these threats, both within the EU and through support for third countries.

Steps have already been taken by the European Commission in implementing protective measures, including the suspension of imports on account of outbreaks of avian influenza in Croatia, Romania, Russia, Turkey and Ukraine. Import bans on poultry and poultry products have been imposed on those countries in which the virus has been confirmed. The Commission has also taken decisions banning the import of captive birds and pet birds from countries outside the EU except where they comply with certain conditions, including a 30 day quarantine period. These decisions will remain in place until 31 January 2006.

The EU Commission has also adopted a series of biosecurity measures aimed at reducing the risk of transmission of highly pathogenic avian influenza caused by the H5NI virus from wild birds to poultry and providing for an early detection system in areas of particular risk from avian influenza. Within the Council of Ministers, and as part of the EU wide co-ordination process, a special "Friends of the Presidency" group has been established at official level to focus on prevention, preparedness and pre-crisis action regarding avian influenza and the potential pandemic threat. This group provides a forum to improve co-ordination and the sharing of information between member states.

On 23-24 November, the Commission, member states, WHO, the European Centre for Disease Prevention and Control, ECDC, and the pharmaceutical industry took part in a command post exercise on pandemic influenza. The exercise aimed to test communications, information exchange and co-ordination among member states, EU bodies and international organisations in a public health emergency. It also aimed to test the inter-operability of national pandemic preparedness plans. The results of the exercise are currently being evaluated.

At the 9 December Employment, Social Policy, Health and Consumer Affairs, ESPHCA, Council, Ministers had a detailed discussion on the human health aspects of pandemic influenza and the need to reinforce EU co-ordination in respect of pandemic planning.

Decentralisation Programme.

John Deasy

Question:

63 Mr. Deasy asked the Minister for Foreign Affairs the number of staff of Development Co-operation Ireland volunteering for decentralisation; and if he will make a statement on the matter. [39201/05]

Tom Hayes

Question:

93 Mr. Hayes asked the Minister for Foreign Affairs the timescale for the decentralisation of DCI; and if he will make a statement on the matter. [39200/05]

Paul McGrath

Question:

128 Mr. P. McGrath asked the Minister for Foreign Affairs the number of principal and senior development specialists within Development Co-operation Ireland volunteering for decentralisation; and if he will make a statement on the matter. [39202/05]

I propose to take Questions Nos. 63, 93 and 128 together.

Under the Government's decentralisation programme, the Development Co-operation Directorate of the Department of Foreign Affairs, currently based in Dublin, is scheduled to decentralise to Limerick. The transfer of the directorate to Limerick is due to take place in the first quarter of 2007. My Department has recently notified the Office of Public Works of our agreement to accept an office accommodation proposal recommended by it. Subject to final completion of the premises within this period, I expect the above timetable to be met.

A total of 123 posts are attached to the directorate at headquarters. Already, 28 of the posts, including that of director general, are filled by officers who have applied to decentralise to Limerick. These 28 posts are made up as follows: 13 officers were already serving within the directorate and three were serving elsewhere in the Department; eight officers have been recruited from other Departments via the central applications facility, CAF, and four have been assigned from inter-departmental promotion panels. In addition, there are a further 18 officers serving elsewhere in the Department, including eight serving in aid missions abroad, who have expressed interest in decentralising to Limerick.

Twenty-four of the posts attached to the directorate are specialist posts, with three of these being designated as principal development specialists. No applications through the CAF have, so far, been received for these three posts. On the other hand, a combined total of eight senior development specialists and development specialists, currently serving in the directorate, have applied through the CAF for the 21 posts at these levels being decentralised to Limerick. In addition, four development specialists have been recruited since the announcement of the decentralisation programme.

In summary, arrangements are at present in place to fill some 12 of the 24 specialist posts. It would be my hope that a greater number of the specialists will volunteer to decentralise to Limerick as the date for the decentralisation of the directorate draws nearer.

Foreign Conflicts.

Joe Sherlock

Question:

64 Mr. Sherlock asked the Minister for Foreign Affairs, further to his statement that he would be very pleased if the UN Security Council was to consider the situation of Burma in reply to a parliamentary question of 10 November 2005, if the Government intends to urge such a consideration; if the Government supports the core findings of the report, Threat to the Peace: A Call for the UN Security Council to Act in Burma, commissioned by the former Czech President Vaclav Havel and Archbishop Desmond Tutu; and if he will make a statement on the matter. [39278/05]

Billy Timmins

Question:

101 Mr. Timmins asked the Minister for Foreign Affairs the position with regard to Ireland’s diplomatic relationship with Burma; and if he will make a statement on the matter. [39204/05]

Paul Kehoe

Question:

127 Mr. Kehoe asked the Minister for Foreign Affairs the latest contacts that the Government has made with the military regime in Burma with regard to the continuing detention of Aung San Suu Kyi; and if he will make a statement on the matter. [39203/05]

I propose to take Questions Nos. 64, 101 and 127 together.

Ireland has a clear and strong position on Burma. Together with our EU partners we condemn the abuse of human rights and fundamental freedoms in Burma and deplore the lack of progress towards democracy. Our goal remains an end to human rights violations there, the release and restoration of liberty to Aung San Suu Kyi and all other political prisoners and the realisation of democracy, peace and prosperity for the long suffering people of Burma.

As Deputy Sherlock recalls, I said in reply to a parliamentary question on 10 November, on the report, Threat to the Peace: A Call for the UN Security Council to Act in Burma, commissioned by former President Havel and Archbishop Tutu, that I would be very pleased if the UN Security Council were to consider the question of Burma. Since my reply we have heard that the Security Council is expected to hear a briefing on the situation in Burma from the secretariat shortly. I welcome this as a positive step.

The Secretary General of the UN, Mr Kofi Annan, made a statement on 12 December commending the call by ASEAN — Association of Southeast Asia Nations — made during its 11th summit in Kuala Lumpur, for Burma to "expedite" both its political reform efforts and its release of political detainees, including Aung San Suu Kyi. The Secretary General welcomed ASEAN's announcement that it would send Malaysian Foreign Minister Syed Hamid Albar as an ASEAN envoy to Burma "to learn first-hand whether Burma is making steps toward democracy". He commended Burma for its decision to accept the envoy. This is a potentially significant development and should be welcomed.

I have been deeply concerned about the recent reports that the Burmese régime has extended the house arrest of Aung San Suu Kyi. I made a statement on Monday, 24 October, to mark the tenth anniversary of Aung San Suu Kyi's detention under house arrest in which I called, inter alia, for her release and the release of all other political prisoners. In my statement on behalf of Ireland to the 60th session of the UN General Assembly in September, I referred to the continuing denial of human rights and democracy in Burma. I stated that this was most acutely symbolised by the continued detention of Aung San Suu Kyi and that her ordeal was not forgotten by the people of Ireland.

While we have not had any recent direct contacts with the Burmese régime, we joined EU partners in issuing a statement on 28 November expressing deep concern about the reports that Aung San Suu Kyi's detention had been extended. The statement called for the release of Aung San Suu Kyi and all other political prisoners and said that this would help facilitate an open and genuine dialogue involving all ethnic and political groups in Burma in the interests of national reconciliation and the resolution of Burma's long standing political and humanitarian problems.

An EU-Burma informal Troika meeting at official level was held in London on 30 November in the margins of the Asia-Europe senior officials meeting, at which my Department was represented. The EU side recalled our concern at the situation in Burma and the EU's desire to see real progress in the road map towards democracy. The EU statement calling for the immediate release of all political prisoners, including Aung San Suu Kyi, was recalled.

Ireland announced the establishment of diplomatic relations on a non-resident basis with Burma on 13 February 2004. However, given that the progress which had been anticipated in 2004, most notably the meeting of an open and unhindered national convention and the release of Aung San Suu Kyi, did not materialise, the Government decided to put on hold the exchange of ambassadors. Any decision to proceed with an exchange of ambassadors with Burma will have to await positive and significant moves by the Burmese Government.

Northern Ireland Issues.

Jack Wall

Question:

65 Mr. Wall asked the Minister for Foreign Affairs his views on the British Government’s recently published Northern Ireland (Offences) Bill dealing with on-the-runs; if he has made the views of the Government known to the British Government regarding this legislation; if he had consultation with the British Government regarding the content of the legislation prior to its publication; and if he will make a statement on the matter. [39273/05]

Jack Wall

Question:

70 Mr. Wall asked the Minister for Foreign Affairs the proposals for dealing with on-the-runs in this jurisdiction; the latest Government proposals in this regard; if presidential pardons are still considered the best option; the reason no scheme involving temporary licences has been considered; and if he will make a statement on the matter. [39274/05]

I propose to take Questions Nos. 65 and 70 together.

Both Governments gave a commitment to address the issue of OTRs at Weston Park in 2001 and, as part of the Joint Declaration of 2003, undertook to bring forward proposals on the issue within their respective legislative and constitutional framework. In the context of recent acts of completion, both Governments were of the view that this issue had to be addressed.

The British Government has recently published legislative proposals for dealing with OTRs in its jurisdiction. While this is a matter primarily for the British Government, I am aware that concerns have been expressed with regard to a number of aspects, including the decision to include the security forces within the scope of the legislation. The Government has conveyed its concerns about this particular aspect, which was not the subject of prior consultation, to the British authorities. The Government will continue to monitor the progress of the legislation and, in particular, seek to ensure that the ongoing work of establishing the truth with regard to the large number of unsolved cases arising from the conflict in Northern Ireland is not impeded.

The proposals to deal with the issue in this jurisdiction are the responsibility of the Minister for Justice, Equality and Law Reform. I refer the Deputy to the Minister's statement of 8 November on this matter.

Question No. 66 answered with QuestionNo. 43.

Human Rights Issues.

Pat Rabbitte

Question:

67 Mr. Rabbitte asked the Minister for Foreign Affairs the details of requests or inquiries he has received from either the UN Committee Against Torture or the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regarding Irish compliance with international obligations in the past three years; and the discussions or communications he has had with other parties in this regard. [39263/05]

My Department has ongoing contact with the UN Committee Against Torture, CAT, and the Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, CPT, regarding a range of matters. Requests for information from the CPT tend to arise from its programme of periodic visits to Council of Europe member states. The last such visit to Ireland was on 20-28 May 2002, though Ireland is among ten member states the CPT intends to visit in 2006.

The report compiled on the basis of the 2002 visit was transmitted by the CPT to the Department of Justice, Equality and Law Reform on 20 December 2002. The report looked at the living conditions, staff practices and legal safeguards in place at Garda stations, prisons, mental health establishments and detention centres for children. The response of the Government to the report was given on 18 September 2003 and addressed the issues raised in the report. The response also highlighted the actions taken by Ireland to implement the recommendations made by the committee. At the Government's request, both documents are available on the Council of Europe's website.

My Department is in ongoing contact with the Department of Justice, Equality and Law Reform regarding Ireland's first report under the convention against torture, which is currently being compiled by that Department. The convention requires states parties to report to the CAT on the measures they have taken to give effect to their undertakings under the convention. When completed, Ireland's report will be submitted to the UN Committee Against Torture and will be followed by an appearance by Ireland before the committee.

My Department avails of all appropriate opportunities to reiterate Ireland's commitment to fulfilling its obligations under the convention against torture and the European convention for the prevention of torture.

Foreign Conflicts.

Kathleen Lynch

Question:

68 Ms Lynch asked the Minister for Foreign Affairs his views on whether the Government of Afghanistan is in a position to assure safety and security to its citizens; if there are areas of the territory which remain outside of its protective control; if there are groups of persons in respect of whom it is unable to provide such security; and if he will make a statement on the matter. [39290/05]

Bernard Allen

Question:

83 Mr. Allen asked the Minister for Foreign Affairs the security situation in Afghanistan; and if he will make a statement on the matter. [39179/05]

Bernard J. Durkan

Question:

211 Mr. Durkan asked the Minister for Foreign Affairs the extent to which the situation in Afghanistan has stabilised; and if he will make a statement on the matter. [39608/05]

I propose to take Questions Nos. 68, 83 and 211 together.

The security situation in Afghanistan remains a cause of serious concern and several further incidents of violence have occurred since I last reported to the Dáil on 10 November. Taliban militants and criminal groups are still active in parts of the southern and eastern regions, where the security situation remains particularly volatile.

The UN mandated international security assistance force, ISAF, in which seven members of the Irish Defence Forces have been participating, has been working to improve the capabilities of the Afghan police and armed forces. Some 40,000 of the projected 65,000 member police force have been recruited and training programmes are ongoing. ISAF, which operates in Kabul and northern and western Afghanistan, carries out one third of its patrols in the Kabul area jointly with the Kabul city police. Provincial reconstruction teams, PRTs, have been deployed and work closely with local civil and military structures to help ensure a secure environment and develop regional capabilities. An expansion of ISAF operations to southern Afghanistan, involving the deployment of 6,000 troops, has been agreed in recent days. With this expansion, ISAF will be operating in three-quarters of the territory of Afghanistan.

The results of the parliamentary elections held on 18 September have now been certified for all provinces and the parliament is due to elect the chair of the Wolesi Jirga — lower house of parliament — shortly. The EU has welcomed the successful holding of the elections and noted that the Afghan people have shown once again their clear support for a democratic future. The statement added that the turnout and generally peaceful nature of the elections were a testament to the determination of the Afghan people to see their country succeed.

Inaugural meetings of the provincial councils have been successfully held and representatives to the Meshrano Jirga — upper house of parliament — have been elected by the councils. President Karzai will nominate the remaining one third of the representatives to the Meshrano Jirga. In electing a parliament, Afghanistan has taken a considerable step towards democracy and stability. Clearly there are still challenges facing the Afghan Government and support from the international community will be needed for some time to come.

The EU General Affairs and External Relations Council, at its meeting on Monday last, 12 December, welcomed the EU-Afghanistan joint declaration signed in Strasbourg on 16 November in the presence of Afghan President Karzai. The Council stressed its determination to strengthen the partnership with Afghanistan and its commitment to long-term support for the government and the people of Afghanistan. The joint declaration will form the basis for increased co-operation based on Afghan ownership across a range of areas, including support to political and economic governance, security sector and justice sector reform, counter narcotics, development, human rights, civil society, refugee return, and education and culture.

The joint declaration acknowledges the EU's full support for Afghanistan's sovereignty and agrees that EU member states will continue their substantial support to improve security, extend stability and encourage development across Afghanistan until such time as the Afghan security and armed forces are sufficiently constituted and operational. The European Union and its member states have contributed significant financial support to the stabilisation process in Afghanistan, pledging over €3 billion in aid from 2002-2006 and making a significant contribution to Afghanistan's security and development.

Ireland welcomes the excellent work being done in Afghanistan by the office of EU Special Representative Vendrell. In this regard, we have decided to finance the cost of the EUSR's deputy, Mr. Michael Semple, an Irish national, to maintain the position for a 12 further months. A sum of €50,000, representing the first tranche of our contribution, has been paid in recent days.

EU Enlargement.

Richard Bruton

Question:

69 Mr. Bruton asked the Minister for Foreign Affairs the issues being considered as part of the ongoing discussions taking place between Turkey and the European Union with regard to EU membership; and if he will make a statement on the matter. [39183/05]

Bernard Allen

Question:

74 Mr. Allen asked the Minister for Foreign Affairs the progress being made by Romania towards membership of the European Union; and if he will make a statement on the matter. [39173/05]

Denis Naughten

Question:

99 Mr. Naughten asked the Minister for Foreign Affairs the position regarding all countries seeking entry to the European Union; the next date at which enlargement will take place; and if he will make a statement on the matter. [39193/05]

Aengus Ó Snodaigh

Question:

202 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the accession of Bulgaria and Romania is on target; when the accession treaties will be laid before the Houses of the Oireachtas; and the number of member state parliaments which have already passed these treaties. [39521/05]

Bernard J. Durkan

Question:

206 Mr. Durkan asked the Minister for Foreign Affairs the position in regard to European enlargement with particular reference to the resolution of the issue surrounding Turkey’s application for membership and the Cyprus issue; and if he will make a statement on the matter. [39603/05]

Bernard J. Durkan

Question:

213 Mr. Durkan asked the Minister for Foreign Affairs the extent to which countries aspiring to EU membership are achieving compliance with the acquis communautaire; and if he will make a statement on the matter. [39610/05]

I propose to take Questions Nos. 69, 74, 99, 202, 206 and 213 together.

The Union's current enlargement agenda consists of two acceding countries — Bulgaria and Romania — and two candidate countries — Croatia and Turkey. At the General Affairs and External Relations Council on 12 December, the Union also reaffirmed its commitment to maintaining a European perspective for the western Balkans.

The Commission's annual monitoring reports for Bulgaria and Romania were published on 25 October 2005 and provide a comprehensive overview of the progress made by both countries towards fulfilling the requirements of membership. For both countries, a number of "red flag" issues have been identified that will need to be urgently addressed before the date of accession. The Commission will closely monitor the steps taken to tackle these issues and will present a final recommendation to Council in April/May 2006 as to whether Bulgaria and Romania will be in a position to meet the full requirements of membership by 1 January 2007.

If sufficient progress has not been made, the Commission can recommend that the Council postpone the date of accession for both countries until 1 January 2008. However, the Commission has noted that, although urgent corrective action is needed in these areas, Bulgaria and Romania still "hold the key to their accession on time".

In a decision dated 12 April 2005, the Government approved the terms of the Treaty of Accession for Bulgaria and Romania and authorised its signature, subject to ratification, on behalf of Ireland. The treaty was signed by the EU member states, together with Bulgaria and Romania, on 25 April 2005. To enter into force, the treaty must be ratified by Bulgaria, Romania and all the current member states by 31 December 2006. Both Bulgaria and Romania ratified the treaty in May 2005 while six EU member states have also done so.

Ireland's ratification of the accession treaty will require an amendment to the European Communities Act 1972. Preparations for this are underway and it is hoped to put the relevant Bill before the Oireachtas during the spring session. In anticipation of this, the accession treaty for Bulgaria and Romania will be laid before the Dáil in the coming weeks.

The Commission published annual progress reports for Croatia and Turkey on 9 November. These reports fed into the accession partnerships for both countries, on which agreement was reached on 6 December. The Commission is currently engaged with both countries in conducting a screening process designed to assess their state of readiness in the various chapters of the accession negotiations. It is expected to take until autumn 2006 to complete the screening process for all chapters. After each chapter has been screened, the Council can decide, on the basis of a proposal from the Commission, whether negotiations can be opened in these specific areas.

The Commission has noted that Croatia has made some progress towards alignment with the EU legal order — the acquis— but that enforcement and administrative capacity need to be strengthened. Croatia’s continued co-operation with the International Criminal Tribunal for the Former Yugoslavia is an important priority of the accession partnership. The arrest last week of former General Ante Gotovina is a positive early development in this regard.

While Turkey's alignment with the EU legal order has progressed in some respects, it remains at an early stage in most areas. Turkey needs to maintain its commitment to the full implementation of human rights and other reforms. Administrative and judicial capacity needs to be reinforced to apply EU rules. The accession partnership also notes that Turkey must take concrete steps for the normalisation of bilateral relations with all EU member states, including the Republic of Cyprus, as soon as possible. In September the EU issued a declaration recalling the status of the Republic of Cyprus as a member state of the EU and noting that recognition of all member states is a necessary component of the accession process.

An application for membership has been received from the former Yugoslav Republic of Macedonia, fYROM, which is currently being considered by the Council. As part of the Union's commitment to maintaining a European perspective for the western Balkans, negotiations are also ongoing with Albania for a stabilisation and association agreement, SAA, and have recently been opened with both Serbia and Montenegro and Bosnia-Herzegovina.

At the GAERC on 12 December, the Council held a preliminary exchange of views on the Commission's enlargement strategy paper, which was published in November 2005. The Commission paper laid stress on the need to communicate more effectively with EU citizens the objectives and challenges of the Union's enlargement policy. This point was taken up in the Council conclusions of 12 December, which also stressed the need for rigorous conditionality at all stages of the accession process, bearing in mind the Union's own capacity to absorb further members. It was agreed that the Council would further discuss the issue of enlargement during 2006.

Question No. 70 answered with QuestionNo. 65.
Question No. 71 answered with QuestionNo. 59.
Question No. 72 answered with QuestionNo. 42.
Question No. 73 answered with QuestionNo. 44.
Question No. 74 answered with QuestionNo. 69.
Question No. 75 answered with QuestionNo. 50.
Question No. 76 answered with QuestionNo. 54.
Question No. 77 answered with QuestionNo. 51.
Question No. 78 answered with QuestionNo. 55.

EU Constitution.

Michael Ring

Question:

79 Mr. Ring asked the Minister for Foreign Affairs the position regarding to the EU constitution; when the matter is next to be discussed with his European counterparts; and if he will make a statement on the matter. [39195/05]

Bernard J. Durkan

Question:

218 Mr. Durkan asked the Minister for Foreign Affairs the nature of discussions he has had with his EU colleagues in the context of the future development of the EU with particular reference to the constitution; and if he will make a statement on the matter. [39615/05]

Bernard J. Durkan

Question:

219 Mr. Durkan asked the Minister for Foreign Affairs the extent of the discussions which have taken place on the possible ratifications of the EU constitution; and if he will make a statement on the matter. [39616/05]

I propose to take Questions Nos. 79, 218 and 219 together.

Thirteen member states have so far ratified the EU constitution but it cannot enter into force without being ratified by all member states. Following the referendum results in France and the Netherlands, it is clear that the constitution will not enter into force by the target date of 1 November 2006. The June European Council decided to initiate a period of reflection with regard to the European constitution, allowing time for national debates.

Ministers of European Affairs met in Brussels on 7 November to exchange views on how the national debates are proceeding. The issue was subsequently discussed by Foreign Ministers at the General Affairs and External Relations Council on 21 November. Member states have since contributed to a joint UK-Austrian interim report on the progress of national debates during the period of reflection. This report and the subject of the future of Europe were among the items covered by Foreign Ministers in Brussels on Monday in preparation for this week's European Council.

During the Austrian Presidency, EU Foreign Ministers will be involved in preparing for a review by the heads of state and government during the first half of 2006, which will determine how the Union is to deal with the EU constitution.

Foreign Conflicts.

Paul Nicholas Gogarty

Question:

80 Mr. Gogarty asked the Minister for Foreign Affairs his views on the continuing unrest in Uganda; the efforts the Government has made to highlight the plight of children in Uganda who are being kidnapped to fight in the Lord’s Resistance Army; and if he will make a statement on the matter. [39311/05]

I remain gravely concerned at the long running conflict and related humanitarian crisis in northern Uganda, the deaths of many thousands of people and the displacement of over 1.5 million people. An estimated 20,000 children have been cruelly abducted by the Lord's Resistance Army, LRA, during its 19 year campaign of violence. The situation is one which clearly merits increased international attention and this is something which Ireland, in collaboration with our EU partners, has been actively working to achieve.

The General Affairs and External Relations Council, meeting in Brussels on 7 November, discussed the situation in northern Uganda and expressed its grave concern at the deteriorating security situation there, which had led the UN and a number of NGOs to suspend temporarily their humanitarian operations. The UN has now resumed deliveries of humanitarian aid and has indicated that it intends to increase its international presence in northern Uganda in 2006. The primary responsibility for improving security in northern Uganda rests with the Ugandan Government and the Council has called clearly on the Ugandan Government in this respect to ensure urgently that all of its citizens are protected and provided for.

The recent upsurge in violence by the LRA appears to have been prompted by the issuing of indictments on 13 October 2005 by the International Criminal Court, ICC, for the arrest of five LRA commanders, including the leader of the LRA, Joseph Kony. This represents a historic development for the court and it is now incumbent on all those involved, including any neighbouring states in which the LRA leaders concerned may be sheltering, to facilitate the arrest of the individuals now indicted. The Government is strongly supportive of the International Criminal Court and would urge that its investigation into all serious violations of human rights committed in northern Uganda since 1 July 2002, the date of establishment of the ICC, should continue.

A recent positive development has been the call by the deputy commander of the LRA, Vincent Otti, one of those indicted by the ICC, for a resumption of peace talks between the LRA and the Ugandan Government. I encourage the Ugandan Government to respond positively to this overture. Independent mediation efforts are continuing to bring about a resumption of such talks, following a number of failed initiatives in the recent past. EU ambassadors in Kampala, including Ireland's chargé d’affaires, have been actively involved in efforts to promote a peaceful resolution of the conflict and will continue to lend what support they can to achieve this.

Ireland and its EU partners will also continue to encourage the Ugandan Government to do more to promote the much needed economic and social development of northern Uganda. The EU stands ready to provide further assistance to the humanitarian effort and to do what it can to support steps towards reconciliation in northern Uganda. Ireland has provided humanitarian assistance of €650,000 to date in 2005 to address the humanitarian situation and it is expected that further assistance will be provided to Irish NGOs operating in the region at an early date. Development Co-operation Ireland has also supported NGOs in northern Uganda providing shelter to the thousands of children and young people who are required to flee their homes each night, for fear of possible abduction by the LRA or worse.

Illegal Immigrants.

Brian O'Shea

Question:

81 Mr. O’Shea asked the Minister for Foreign Affairs, in view of his statement to Dáil Éireann in answer to Question No. 11 of 10 November 2005 with respect to the treatment of African asylum seekers and refugees in Morocco, if, and in what capacity, the Government is involved in the exploration of measures at European Union level to respond to the increasing pressure of immigration from north and sub-Saharan Africa; and if he will make a statement on the matter. [39282/05]

Ireland agrees on the need to approach migration in a global context and to strengthen dialogue and co-operation on migration issues with all regions of the world, including north and sub-Saharan Africa. We also recognise that it is only through joint action that the European Union can successfully address migration issues.

Following the recent events at Ceuta and Melilla and discussions on migration at the informal meeting of the EU Heads of State and Government at Hampton Court on the 27 October 2005, President Barroso announced that "the Commission would develop a list of priority actions for improving global migration, with a special focus on the African region". These actions include the strengthening of co-operation and action among member states on migration issues and increasing dialogue and co-operation with African states and neighbouring countries across the entire Mediterranean region. In a communication published on the 30 November 2005, entitled "Priority actions for responding to the challenges of migration: first follow-up to Hampton Court", the Commission outlined the issues that need to be taken forward with regard to migration.

Justice and Home Affairs Ministers had an initial, strategic discussion of the Commission communication at the JHA Council on 1 and 2 December. Building on these discussions, this week's European Council will consider the adoption of conclusions on priority actions focusing on Africa and the Mediterranean region.

Question No. 82 answered with QuestionNo. 40.
Question No. 83 answered with QuestionNo. 68.
Question No. 84 answered with QuestionNo. 42.
Question No. 85 answered with QuestionNo. 40.
Question No. 86 answered with QuestionNo. 50.
Question No. 87 answered with QuestionNo. 42.

Natural Disasters.

Trevor Sargent

Question:

88 Mr. Sargent asked the Minister for Foreign Affairs if he will report on the Irish, EU and UN relief effort following the earthquake in Pakistan; and if he will make a statement on the matter. [39316/05]

It is estimated that over 73,000 people in northern Pakistan lost their lives in the earthquake which struck south Asia on 8 October 2005. The earthquake severely affected the North West Frontier and Kashmir provinces of Pakistan, causing widespread structural damage and leaving an estimated 3.5 million people homeless.

Within hours of the disaster the Government pledged €1 million in humanitarian relief assistance. This funding was quickly increased to €5 million when the scale of the destruction became apparent. The moneys were quickly dispersed to United Nations agencies, the Red Cross family and non-governmental organisations, NGOs, which are providing life saving humanitarian assistance in the region.

Former Taoiseach, Mr. Albert Reynolds, represented Ireland at a donor conference convened by the Government of Pakistan on 19 November. Mr. Reynolds presented the report of his findings from that visit to me on Thursday last. I travelled to the affected region last weekend on a joint visit with my Dutch colleague. I met with the Pakistan authorities, the United Nations humanitarian co-ordinator for the relief effort, the Red Cross and Irish NGOs working in the region. I saw first hand the devastation caused by the earthquake and the logistical challenges facing the relief and recovery effort. Immediate relief priorities are shelter, food, health services and the logistical support to deliver these services. Ireland has now pledged an additional €5 million to the relief and recovery effort. This brings to €10 million the funds made available by the Government and places Ireland as one of the highest donors per capita to this disaster.

The Department remains in close contact with the UN which, with the Government of Pakistan, is leading the relief effort. Key UN agencies, such as the Office for the Co-ordination of Humanitarian Affairs, OCHA, UNICEF and the World Food Programme, WFP, are working closely with the Red Cross and NGOs to provide urgently needed temporary shelters, food, medical care and water and sanitation services to the affected populations. They are also working to restore public services and, in particular, school services, which are crucial in bringing normality back to the lives of children affected by the disaster and their families. The UN in its flash appeal for the disaster has costed the emergency relief effort at US$550 million. This appeal remains underfunded.

The European Commission has agreed a €93.6 million package of aid, of which €43.6 million has been allocated to the immediate humanitarian effort and a further €50 million for reconstruction. As the affected communities move from emergency relief to recovery, we will continue to monitor the situation on the ground to ensure that Irish assistance is being spent to best effect.

Human Rights Issues.

Joe Costello

Question:

89 Mr. Costello asked the Minister for Foreign Affairs the stance of the Government regarding the escalating human rights and humanitarian crisis in Zimbabwe, including the fact that almost a quarter of a million of the poorest of the poor have been driven from their homes by a Government sponsored program of destruction of slums; and if he will make a statement on the matter. [39283/05]

Shane McEntee

Question:

108 Mr. McEntee asked the Minister for Foreign Affairs the situation in Zimbabwe; and if he will make a statement on the matter. [39205/05]

I propose to take Questions Nos. 89 and 108 together.

The Government remains gravely concerned regarding developments in Zimbabwe, particularly in the aftermath of the clearance campaign known as Operation Restore Order launched by the Zimbabwean Government last May, which has resulted in over 700,000 people being left homeless. The disastrous humanitarian consequences of this clearance operation have been well described in the report prepared by Ms Anna Tibaijuka, the special envoy appointed by UN Secretary General Annan to examine the consequences of Operation Restore Order, which was presented last July.

This report makes clear that Operation Restore Order was carried out in an indiscriminate and unjustified manner, with indifference to human suffering and in disregard of international law. It is regrettable that the Mugabe government has failed to respond appropriately to Ms Tibaijuka's recommendations, including bringing to account those responsible for launching Operation Restore Order. There also continue to be reports of dismantling by security forces of temporary shelters erected by those made homeless as a result of government actions.

The UN Under-Secretary General for Humanitarian Affairs, Jan Egeland, visited Zimbabwe from 3-7 December, during which time he inspected conditions for those made homeless by Operation Restore Order and also held two meetings with President Mugabe. Mr. Egeland has made clear following his visit that the humanitarian situation in Zimbabwe remains extremely serious and is deteriorating, with life expectancy reduced by half over the past 15 years. He reported some progress in talks with the Zimbabwean Government on the provision of assistance by the international community to those made homeless by Operation Restore Order, with the UN now planning to build 20,000 housing units over the next few months. The UN and the Zimbabwean Government have also agreed to establish a task force to deal with the serious food insecurity now prevailing in Zimbabwe and which could lead to up to 4 million people in Zimbabwe requiring food assistance in the period up to next April.

The UN World Food Programme last week launched a global appeal for $276 million to help provide food aid and medical and general assistance for Zimbabwe's people. Ireland has provided almost €2 million in emergency and recovery support, including food assistance, to the people of Zimbabwe during 2005. A further €1 million has been committed to help mitigate the impact of the AIDS pandemic. Total aid to Zimbabwe since 2004 stands at approximately €8 million. Ireland is committed to continuing to deliver assistance directly to those most in need through a broad range of civil and aid organisations and will obviously take account of the UN WFP appeal in deciding on allocations for 2006.

The political and human rights situation in Zimbabwe also remains of concern. Elections to the new senate established under constitutional amendments approved last August took place on 26 November. Most voters, however, boycotted the elections, with turnout estimated at only between 15-20%. Divisions within the main opposition party, the Movement for Democratic Change, MDC, probably contributed to the low turnout. In the meantime, peaceful civil and trade union demonstrations continue to be suppressed. The Mugabe government has also begun identifying and confiscating the passports of those whom it regards as critics of the regime, following another constitutional amendment approved by the Zimbabwean parliament also August.

It is clear that international pressure needs to be maintained on the Mugabe government to alter its current policies. The Government, in co-operation with our EU partners, will continue to do this. We also consistently urge African partners, and organisations such as the African Union, to use what influence they have on the Mugabe government.

Question No. 90 answered with QuestionNo. 40.
Question No. 91 answered with QuestionNo. 51.

Foreign Conflicts.

David Stanton

Question:

92 Mr. Stanton asked the Minister for Foreign Affairs his views on the ongoing tensions in Ethiopia which have arisen following concerns that parliamentary elections were not held in accordance with international standards; and if he will make a statement on the matter. [39172/05]

Phil Hogan

Question:

131 Mr. Hogan asked the Minister for Foreign Affairs the political and security situation in Ethiopia; the level of funding that Ethiopia will receive from Ireland in 2006; and if he will make a statement on the matter. [39169/05]

Bernard J. Durkan

Question:

208 Mr. Durkan asked the Minister for Foreign Affairs if he will report on the situation in Ethiopia; and if he will make a statement on the matter. [39605/05]

I propose to take Questions Nos. 92, 131 and 208 together.

In a meeting on 10 November 2005, the Minister of State, Deputy Conor Lenihan, acting on my behalf, conveyed to the chargé d’affaires of the Ethiopian Embassy the Government’s grave concern at the unrest and loss of life which took place in Addis Ababa and some other parts of Ethiopia in early November 2005. The Minister of State condemned all the acts of violence which occurred, particularly the use of lethal force by the security forces, and urged that they be speedily and independently investigated.

Data provided by the Ethiopian authorities indicates that at least 45 people, including eight policemen, died and approximately 500 were injured during last month's violence. However, the final death toll may be higher. On 6 November, Prime Minister Meles Zenawi expressed regret for the deaths and promised to establish an independent inquiry which would investigate the violence which occurred in June and November 2005. He gave a commitment that the government would correct any mistakes identified by the inquiry.

The Prime Minister stated that the Ethiopian authorities were prepared to continue dialogue with the parliamentary opposition parties and groups and to review the parliament's procedures to strengthen the role played by the opposition. He reiterated that all Ethiopia's law enforcement agencies had been instructed to exercise maximum restraint and to increase their riot control capacities, with a view to minimising the risk to the lives of citizens. We understand that a number of police have already been arrested for using excessive force against demonstrators last month.

While no official total has been provided, we understand that possibly up to 35,000 people were detained in the first week of November and subsequently. Many have been released but we understand that up to 8,000 are still detained in prisons and detention camps around Ethiopia, sometimes in poor conditions. These detainees are being processed by the courts system. While the detention centres have been visited by the Ethiopian human rights commissioner and representatives of Ethiopian humanitarian organisations, despite repeated requests the international community has not yet been permitted access.

The Ethiopian authorities claim 58 people were responsible for launching and organising the riots, as part of an agenda to overthrow the government by force. This group comprises most of the leadership of the largest opposition party, the Coalition for Unity and Democracy, CUD, including ten MPs, some representatives of civil society and 14 journalists and newspaper editors. The Prime Minster has indicated that these 58 will be charged in a court of law and that all their rights as detainees will be fully protected. They may be charged with treason, which is a capital offence under the Ethiopian penal code. They are allowed legal representation, are being provided with humanitarian supplies and have been visited by their families, the Ethiopian human rights commissioner, representatives of Ethiopian humanitarian organisations and the media. They deny the allegations against them and 21 of the CUD detainees began a hunger strike on 28 November.

An investigation commission was established by the parliament on 29 November, which will examine the violence which occurred in June and November 2005, including whether excessive force was used by the police and army, and report back within 90 days. However, it will not seek to determine the causes of the violence. The commission is chaired by the vice-president of the southern regional Supreme Court and includes representatives of the main religious denominations, the private sector, civil society, the judiciary and a government adviser. Opposition MPs have questioned the impartiality of some commission members.

On 12 December 2005, a meeting took place between the Prime Minister and representatives of two opposition parties, to discuss the establishment of a Government/opposition dialogue. However, the Prime Minister indicated that he was not prepared to engage in dialogue with the detained CUD leadership.

The establishment of the investigation commission, the release of many detainees and the beginning of a partial dialogue between the Ethiopian Government and opposition are positive developments. However, Ireland and the EU will continue to impress upon the Ethiopian authorities the need to strengthen the democratisation process by releasing the detained opposition leadership, civil society and media representatives as a confidence building measure; to allow opposition parties and civil society organisations operate freely; to open a non-conditional dialogue with the opposition parties; to allow the private media operate freely and develop a media code of conduct; to enhance public confidence in the national election board; and to respect human rights and the rule of law. These aims can best be achieved through continued active engagement by the international community with the Ethiopian Government and opposition parties.

Ireland has a strong commitment to the poorest and most vulnerable people in Ethiopia and the Government is working to help them through its aid programme. This assistance is making a real difference to the lives of poor people in Ethiopia, including in the areas of basic health and education. A sum of €32.5 million has been budgeted for Ireland's bilateral aid programme in Ethiopia during 2006. Additional funding is expected to be delivered through Irish based NGOs and UN agencies.

Our aid programme is kept under constant review. Decisions about expenditure of the amounts budgeted will be guided by a number of factors, including political developments in Ethiopia, and will also take account of shared analysis with Ireland's EU partners.

Question No. 93 answered with QuestionNo. 63.

Diplomatic Representation.

Damien English

Question:

94 Mr. English asked the Minister for Foreign Affairs if his Department has confirmed the whereabouts of the former Iranian Ambassador to Ireland, or made contact with the Iranian authorities on their behalf; and if he will make a statement on the matter. [39189/05]

The embassy of the Islamic Republic of Iran informed the Department of Foreign Affairs on 2 November 2005 that the ambassador had been recalled to Iran and would be relinquishing his appointment as ambassador to Ireland.

Foreign Conflicts.

Jim O'Keeffe

Question:

95 Mr. J. O’Keeffe asked the Minister for Foreign Affairs the number of Irish nationals currently in Iraq; and if he will make a statement on the matter. [39181/05]

I am aware of press reports indicating that there are a number of Irish nationals working in Iraq but the Department has no direct registration of Irish citizens working there. However, the British authorities have indicated that they are aware of the following numbers for the Basra area: 20 working for security companies; five working for DFID, the UK's overseas development Ministry; four working as civilian police officers; one working for the British Government. The Irish Embassy in Iraq was closed in advance of the Gulf War in 1991. Given the dangerous security situation there, the Department is advising strongly against all travel to Iraq.

Human Rights Issues.

Joan Burton

Question:

96 Ms Burton asked the Minister for Foreign Affairs if he will respond to representations made to him or his Department regarding the justice and peace law proposed in Colombia and the fears that it will confer impunity on persons accused of crimes against humanity and may confer a form of legitimacy on persons who have expropriated land and property illegally. [39276/05]

The General Affairs and External Relations Council at its meeting on 3 October 2005, agreed that the justice and peace law, if effectively and transparently implemented, will make a positive contribution to the search for peace in Colombia. It is important that the Colombian Government is now encouraged and supported by the international community in its efforts to implement the justice and peace law effectively. The law, which was adopted through a lengthy democratic political process, provides an overall legal framework for demobilisation, disarmament and reintegration of illegal armed groups into society and also includes a provision for sanctions against demobilised paramilitaries.

The Council conclusions adopted on 3 October also welcomed the continued involvement of the Organisation of American States, OAS, in supporting the demobilisation of paramilitary groups in Colombia. Ireland has committed €390,000 over a three year period to the OAS mission to support and verify the peace process in Colombia. Its mandate is to provide comprehensive support to the Colombian peace process with a focus both on the demobilisation process and on the strengthening of institutions concerned with the rule of law. Amongst our EU colleagues, the Netherlands and Sweden also fund this mission and Ireland will work closely with them, including in ensuring that the mission maximises its role in the peace process.

Ireland was actively involved in negotiating the chairperson's statement on the situation of human rights in Colombia which was adopted on 22 April 2005 at the 61st session of the Commission on Human Rights in Geneva. The statement urged that dialogue and negotiations be pursued between the Government of Colombia and all illegal armed groups, aimed at overcoming the situation of violence stemming from the conflict and at reaching a lasting peace.

The situation in Colombia is undoubtedly complex and involves difficult choices and compromises. Nonetheless, the overall view of the Union, and of Ireland, is that we should remain positively engaged with the peace process. In representations made to me on this issue, I have conveyed Ireland's and the EU's position on the justice and peace law in the terms set out above.

Common Foreign and Security Policy.

Ciarán Cuffe

Question:

97 Mr. Cuffe asked the Minister for Foreign Affairs his most recent diplomatic contacts with other EU states regarding possible Irish involvement in EU battlegroups; and if he will make a statement on the matter. [39309/05]

John Gormley

Question:

189 Mr. Gormley asked the Minister for Foreign Affairs his most recent diplomatic contacts with other EU states regarding possible Irish involvement in EU battlegroups; and if he will make a statement on the matter. [39682/05]

I propose to take Questions Nos. 97 and 189 together.

As reported previously to the House in reply to Questions Nos. 241 of 2 February, 36 of 28 April and 45 of 2 June, I met the Foreign Ministers of Sweden and Finland in January and the Foreign Minister of Austria in April of this year. I discussed a range of issues, including possible Irish participation in battlegroups. I have not had any more recent discussions with EU counterparts on the matter.

As Deputies will be aware from previous replies to questions on this issue, most recently by the Minister of State, Deputy Kitt, on behalf of the Minister for Defence, Deputy O'Dea, on 7 December, the question of participation by Ireland in battlegroups has been examined by an interdepartmental group established by the Minister for Defence. The legal, operational and other issues surrounding participation, which have been examined by the interdepartmental group, will shortly be considered by Government.

Question No. 98 answered with QuestionNo. 58.
Question No. 99 answered with QuestionNo. 69.
Question No. 100 answered with QuestionNo. 49.
Question No. 101 answered with QuestionNo. 64.

Human Rights Issues.

Eamon Gilmore

Question:

102 Mr. Gilmore asked the Minister for Foreign Affairs if the Government considers that the regime pertaining at the United States prison at Guantanamo Bay is such that persons held there are likely to be subject to acts contrary to international law. [39270/05]

Breeda Moynihan-Cronin

Question:

113 Ms B. Moynihan-Cronin asked the Minister for Foreign Affairs if, in view of his response to Question No. 86 of 10 November 2005, that inter alia the Government has, on a number of occasions, made known to the US Government its concerns regarding the treatment and status of detainees held at Guantanamo Bay, the precise nature of the concerns which he expressed, and the response from US authorities which these elicited. [39291/05]

I propose to take Questions Nos. 102 and 113 together.

The Government has made known to the US Government its view that detainees held at Guantanamo Bay should be treated in accordance with the requirements of human rights and international humanitarian law. Our concerns are shared by our EU partners. They have been made known on a number of occasions by the Taoiseach, by my predecessor and by myself, and also through the Embassy of Ireland in Washington and with the US Embassy in Dublin. On all occasions, we have made clear that there is very real concern throughout Europe, including Ireland, about the treatment of prisoners in Guantanamo Bay, and emphasised that it was essential that alleged abuses were fully investigated.

It is my understanding that the International Committee of the Red Cross has been regularly visiting the US detention facility at Guantanamo Bay since early 2002 for the purpose of monitoring that persons held there are treated in accordance with applicable international laws and standards.

Arms Trade.

Joe Sherlock

Question:

103 Mr. Sherlock asked the Minister for Foreign Affairs, further to his response to Question No. 2 of 6 November 2005, Ireland’s position and intention with respect to the discussions he references as ongoing in Europe on the reinforcement of the EU code of conduct on arms exports. [39277/05]

I assume that the Deputy is referring to Question No. 2 of 6 October 2005 in which I made reference to ongoing discussions on the possible reinforcement of the EU code of conduct on arms exports.

The review of the code of conduct was initiated during Ireland's Presidency of the EU and takes account of developments since the code entered into force in 1998. Several proposals have been made to strengthen and update the code, including a proposal to reinforce the status of the code by transforming it into an EU common position, which would be legally binding. Ireland is in favour of such a move.

The examination of the code of conduct by officials from member states is nearing finalisation at working group level. We believe that this, the first review of the code of conduct, is a very necessary and important undertaking for the EU and we have been supportive of efforts to strengthen the code.

There has also been discussion on a so-called "toolbox" which will consist of a set of measures to be applied to a country which was recently subject to an arms embargo. This essentially involves a much greater level of information sharing and enhanced transparency between EU member states concerning exports of military goods and equipment from the EU to a country following the lifting of the embargo.

Human Rights Issues.

Dinny McGinley

Question:

104 Mr. McGinley asked the Minister for Foreign Affairs if his Department has raised the issue of the upcoming trial of a person (details supplied) with the Turkish authorities; his views on this trial taking place; and if he will make a statement on the matter. [39182/05]

On 30 June this year Mr. Orhan Pamuk was charged by a local prosecutor under Turkey's new penal code with insulting the country's national character, following comments he made about the deaths of 1 million Armenians and 30,000 Kurds in Turkish history. The charge was brought under Article 301 (1) of the new code which covers, inter alia, “insulting being a Turk, the Republic, the organs and the institutions of the State”. The first hearing in the trial is due to take place on 16 December in Istanbul and the EU will be represented by the Commission and member states. The new penal code entered into force in June of this year.

Like other European partners, we would be very concerned if the code were used in a way which was detrimental to the promotion of human rights or freedom of expression in Turkey. In that regard, I have raised our concerns about the Pamuk case with the Turkish Government, including in my most recent meeting with Foreign Minister Gul at the United Nations in September. He indicated that he shared our concern, but that the Turkish Government could not interfere in the judicial process. Together with our EU partners, we will continue to monitor the situation closely and will urge the Turkish authorities to take any corrective action which may be necessary.

International Agreements.

Brian O'Shea

Question:

105 Mr. O’Shea asked the Minister for Foreign Affairs if, in the context of the occasion of last week’s fourth assembly of state parties to the Rome Statute held in the Hague, the Government’s priorities for the development of the International Criminal Court and the nature of the funding and other support provided by Ireland to the court. [39281/05]

The fourth session of the assembly of states parties to the Rome Statute of the International Criminal Court took place in The Hague from 28 November to 3 December 2005. Amongst other things, the assembly adopted regulations on the trust fund for victims and a code of professional conduct for counsel, and decided to proceed with the establishment of a New York liaison office. In addition, the assembly approved the programme budget of the ICC for 2006. The working group on the budget was chaired by Ireland's ambassador to the Netherlands.

The assembly also welcomed Mexico as the 100th state to become a party to the Rome Statute of the ICC.

Together with our partners in the European Union, Ireland has been a consistent and strong supporter of the ICC, recognising it as an essential means to combating impunity for the most serious violations of international humanitarian and human rights law. This position has been recognised in the EU common position of 2001, amended in 2002, and comprehensively updated in June 2003.

The 2003 common position commits the Union and its member states to support the effective functioning of the court, and to advance universal support for it by promoting the widest possible participation in the Rome Statute. In this context, Ireland welcomes the fact that over half of the international community of states is now bound by the Rome Statute.

In addition to their efforts to promote ratifications of and accessions to the Rome Statute, the EU and its member states have been generous supporters of initiatives to promote the court in third states and to strengthen the capacity of states to co-operate with the court. In this context, Ireland is providing funds towards a conference, entitled The ICC and the Arab World, which will take place in Jordan in February 2006 and has contributed €15,000 in 2005 to the fund for the participation of least developed countries at the assembly of states parties.

Ireland's assessed contributions to the ICC have been paid in full. In addition, this year Ireland contributed €100,000 to the trust fund for victims.

The International Criminal Court, while still young, is moving into its operational phase. During 2005 the court has almost completed its first investigation of a situation referred to it pursuant to the Rome Statute in Uganda and has issued its first arrest warrants in this regard. Investigations are at an advanced stage in the Democratic Republic of the Congo situation, and, following a referral from the UN Security Council, an investigation is ongoing in Darfur, Sudan. The court expects the commencement of hearings and trials in 2006.

Ireland remains committed to working with the International Criminal Court in the challenging times ahead.

Question No. 106 answered with QuestionNo. 50.
Question No. 107 answered with QuestionNo. 54.
Question No. 108 answered with QuestionNo. 89.

Human Rights Issues.

Liz McManus

Question:

109 Ms McManus asked the Minister for Foreign Affairs his views on the views of former United Nations High Commissioner for Human Rights Ms Mary Robinson that the ambiguity which has been created by the Government of the United States with respect to the definition of torture, in particular the contention that the same acts carried out on the territory of the United States may be qualified differently when carried out extra-territorially, calls into question the reliability of United States' assurances as to compliance with international law; and if he will make a statement on the matter. [39265/05]

Torture is among the most abhorrent violations of human rights. It undermines the inherent dignity of the person. The prohibition on torture and cruel, inhuman or degrading treatment or punishment admits of no exceptions and may not be derogated from, even in time of war or other emergencies. Torture is therefore unacceptable and unjustifiable under any circumstances.

I am aware of the comments of the former President and UN High Commissioner for Human Rights, Ms Mary Robinson. I agree with her that the definition of torture should not be dependent on the location of its practice. Torture is, and will always be, unacceptable, no matter where or by whom it is practised.

Ireland accepts the definition of torture as set out in relevant international instruments such as the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. I welcome the recent statement by the US Secretary of State, Dr. Condoleezza Rice, that the USA accepts that its obligations under international law apply extra-territorially.

Question No. 110 answered with QuestionNo. 40.

Official Engagements.

Dan Boyle

Question:

111 Mr. Boyle asked the Minister for Foreign Affairs if he will report on his recent meeting in Washington with the US Secretary of State, Dr. Condoleezza Rice; and if he will make a statement on the matter. [39308/05]

I met with Secretary of State Rice in Washington, D.C., on 1 December 2005. We discussed a number of bilateral and foreign policy issues.

The Secretary of State expressed the strong and continuing support of the United States for the peace process in Northern Ireland. She also conveyed the administration's position on the undocumented, including the desirability of putting in place early, comprehensive immigration reform legislation. The Secretary of State and I reviewed the issue of extradition between Ireland and the United States.

On renditions, Dr. Rice confirmed the categorical assurances already received that Shannon Airport had not been used for this purpose and would not be so used without the permission of the Irish authorities. I set out the Government's concerns at wider allegations regarding the possible abuse of human rights during the US Government's counter-terrorism activities. We also discussed the prospects for progress in the Middle East peace process, in Iraq and in Afghanistan, and in regard to UN reform.

International Agreements.

Willie Penrose

Question:

112 Mr. Penrose asked the Minister for Foreign Affairs when Ireland will sign and ratify the Vienna Convention on the Law of Treaties in view of the fact that over 100 states are state parties; and the delay in this signature and ratification. [39271/05]

The United Nations Convention on the Law of Treaties was done at Vienna on 23 May 1969 and entered into force on 27 January 1980.

Ireland does propose to accede to the convention, but further consideration of its terms will be necessary due to their complexity. To this end, a detailed study of the terms of the convention is currently ongoing within my Department, which I hope will conclude shortly. Upon receipt of this study, I propose to put the question of accession before the Government.

I should point out that many provisions of the convention merely codify existing rules of customary international law by which Ireland is already bound in its treaty relations with other states. This explains why accession to the convention, although desirable, has not in the past been considered a matter of priority or urgency. I am satisfied that while it is preferable that Ireland should in due course become party to the Vienna Convention on the Law of Treaties, our international relations are not adversely affected by the fact that we have yet to accede to it.

Question No. 113 answered with QuestionNo. 102.
Question No. 114 answered with QuestionNo. 40.

Emigrant Support Services.

Michael Noonan

Question:

115 Mr. Noonan asked the Minister for Foreign Affairs the recommendations of the task force on emigrants which will be prioritised for action in 2006; and if he will make a statement on the matter. [39191/05]

The high priority which the Government attaches to the interests of Irish people living abroad is reflected in the establishment of a dedicated unit in my Department, the Irish abroad unit. During 2006 the unit will continue to be active in encouraging progress on all areas identified in the valuable report of the task force on policy regarding emigrants.

Funding for emigrant services has never been higher. In 2005 my Department's funding for supporting and developing services which benefit our community abroad reached the unprecedented amount of €8.273 million. I am delighted to have secured €12 million in funding for emigrant services for 2006, an increase of 45% on 2005. The substantially increased allocation is a clear expression of the strength of the Government's continuing commitment to our communities abroad.

An important priority in the year ahead is to ensure the effective allocation of this increased funding. In doing so, we will continue to work closely with the excellent network of Irish community care agencies engaged in the provision of critical assistance to Irish people abroad, in particular to the more vulnerable members of our community. These agencies are active across the range of areas that the task force report identified as meriting additional support.

The needs of the Irish community in Britain, in particular older people and those at risk of social exclusion, remain a key priority. In 2005 increased funding has allowed us to respond positively to requests from organisations in Britain and to widen the eligibility criteria for support. While the primary emphasis of funding continues to be to support front-line welfare services, I am pleased that additional funding has made it possible to support a number of capital projects, as well as some projects of a social or cultural nature which help to foster a greater sense of community.

This year I have been happy to approve increased financial support to the Federation of Irish Societies in Britain and, for the first time, to the Coalition of Irish Immigration Centres in the US. This is allowing them to develop the assistance that they give to their affiliates at the front line of community care so as to enhance service delivery, learn from best practices elsewhere, leverage other sources of funding and in this way maximise the impact of resources. I am confident that the activities of these organisations will continue to reap great benefits in 2006.

Another area to which I have attached particular priority this year, and which will remain a priority area in 2006, is the welfare of our undocumented community in the US. The legislative debate in the US is entering a critical phase. In the light of the high priority which the Government attaches to this issue, and supported by the valuable all-party resolutions passed recently in both Houses of the Oireachtas and by the very recent establishment in New York of the Irish Lobby for Immigration Reform, we will continue to actively lobby for effective immigration reform legislation in the US Congress. In this regard, all sides of the House believe that the bill jointly sponsored by Senators Kennedy and McCain would provide an effective and balanced resolution of the difficulties of the undocumented.

Question No. 116 answered with QuestionNo. 57.
Question No. 117 answered with QuestionNo. 49.
Question No. 118 answered with QuestionNo. 43.

Jerry Cowley

Question:

119 Dr. Cowley asked the Minister for Foreign Affairs, in view of the sacrifice made by emigrants who, through their well documented remittances, kept Ireland afloat in times of severe economic hardship and who in their twilight years need help and support from Irish welfare and advice agencies abroad, the breakdown of the task force recommendations that have been implemented and those which have yet to be implemented; when same will be implemented; and if he will make a statement on the matter. [39253/05]

The report of the task force on policy regarding emigrants provides us with a valuable framework for action. Its recommendations were far reaching and varied and, in view of their nature, the implementation of some of these will be, by necessity, on a phased basis over a number of years. Considerable progress has already been made, with action underway on over two thirds of the report's recommendations. A great many of the recommendations in the report relate to issues of continuing importance which will require ongoing action from all partners, in Government and the voluntary sector, in Ireland and abroad.

The high priority which the Government attaches to this area of national policy is reflected in the establishment of a dedicated unit in my Department, the Irish abroad unit, to work exclusively on the issues that impact on our community abroad. Officials of the unit are active in encouraging progress on all areas identified by the task force report. In doing so, they maintain close contact with agencies in the statutory and voluntary sectors engaged in emigrant services.

As the Deputy will be aware, funding for emigrant services has never been higher. I am delighted to have secured €12 million in funding for emigrant services for 2006. This significant amount represents an increase on 2005 of 45% and is 12 times greater than the 1997 allocation. It reflects, in the clearest possible way, the strength of the Government's continuing commitment to our communities abroad.

Particular priority will continue to be to support our most vulnerable and marginalised communities abroad, such as our older community in Britain and undocumented Irish people in the United States. The Irish abroad unit and our network of embassies and consulates will work intensively with the front-line community care agencies to ensure that increased funding leads to enhanced services of benefit to our community abroad.

Question No. 120 answered with QuestionNo. 50.

Extradition Requests.

Eamon Ryan

Question:

121 Mr. Eamon Ryan asked the Minister for Foreign Affairs the recent contacts which have been made with the US Administration regarding its request for the extradition of a person (details supplied); if same has been raised with Dr. Condoleezza Rice; and if he will make a statement on the matter. [39314/05]

The question of an extradition request for this individual has not been the subject of contacts with the US Administration, nor was it discussed with Secretary of State Rice. However, when the person concerned was previously arrested in Northern Ireland in connection with an extradition request from the US, the US authorities were aware of the interest of the Government in the case.

As in all such cases, if an extradition request were to be received from the US or other authorities, it would of course be considered by the appropriate legal authorities in this jurisdiction.

Question No. 122 answered with QuestionNo. 54.

International Agreements.

Willie Penrose

Question:

123 Mr. Penrose asked the Minister for Foreign Affairs when Ireland intends to make a declaration recognising the compulsory jurisdiction of the International Court of Justice under Article 36, paragraph 2 of that instrument. [39272/05]

Ireland became a party to the Statute of the International Court of Justice upon joining the United Nations in 1955, an act fully consistent with Ireland's commitment, under Article 29.2 of the Constitution, to the peaceful settlement of international disputes. In view of the possible implications of doing so at the time, Ireland did not then make a declaration under Article 36(2) of the statute accepting the compulsory jurisdiction of the court.

In 1998, the Good Friday Agreement outlined an agreed position, based on the principles of self-determination and consent, on the constitutional status of Northern Ireland. The Agreement was overwhelmingly endorsed by the people of Ireland, North and South, in referendums on 22 May 1998. Since an international agreement, the British-Irish Agreement, now gives effect to the provisions of the Good Friday Agreement, including on the constitutional status of Northern Ireland, the Government is favourably disposed to accepting the compulsory jurisdiction of the International Court of Justice. The full implications of making such a declaration, and the question of what, if any, conditions or reservations should attach to it, are nevertheless complex matters which require careful study. Consideration of the modalities and implications of making such a declaration is currently under way within my Department.

It should be borne in mind that, pending the making of such a declaration, the court may nevertheless exercise jurisdiction in disputes where there is a specific agreement between the parties that the court should do so or where specific treaties so provide. It should also be borne in mind that other forms of dispute settlement may be more suitable in certain cases.

Question No. 124 answered with QuestionNo. 44.

Overseas Development Aid.

Pat Breen

Question:

125 Mr. P. Breen asked the Minister for Foreign Affairs the Government’s views on whether the millennium development goals will be achieved within the timescale envisaged; and if he will make a statement on the matter. [39171/05]

Ireland attaches the highest importance to the millennium development goals, MDGs, which were adopted by the United Nations in 2000. We have incorporated them as the overarching framework of our development co-operation programme. The goals, which include halving the proportion of people in extreme poverty and reducing child mortality by two thirds by the year 2015, correspond to our focus on reducing poverty and supporting the provision of basic services to the poorest people.

Deputies will be aware that the United Nations summit meeting in September conducted the first major review of progress towards the implementation of the millennium development goals. The summit unanimously acknowledged the MDGs as the international framework for development, together with the Monterrey consensus and the Johannesburg plan of implementation. The summit's recognition of the need to accelerate progress towards the MDGs and to make progress on aid effectiveness and on debt relief was encouraging. I was particularly pleased by the acknowledgement of the special needs of Africa, which has long been the main focus of Ireland's development co-operation programme.

Ireland played its part in the lead-up to the September meeting, including through my own role as one of the Secretary-General's personal envoys. We worked to build the necessary support among countries in our own region and to restore momentum both towards the achievement of the MDGs and towards strengthening the United Nations system.

Deputies will recall that during the meeting the Taoiseach announced that Ireland has pledged to raise our official development assistance so as to reach the target of 0.7% of GNP by 2012, three years earlier than the agreed EU deadline of 2015. The timetable we have set ourselves places Ireland in the forefront of donors worldwide.

If the other major donors make equivalent commitments and the developing countries themselves play their part, the millennium development goals are indeed achievable within the timescale envisaged. Ireland will continue to play its part in this regard.

Bernard J. Durkan

Question:

126 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he, through the EU and UN, together with the international community are combating war and starvation on the continent of Africa; the country or countries to which it has not been possible to provide sufficient support to combat the problem; and if he will make a statement on the matter. [39210/05]

Ireland's development co-operation programme has Africa at its core. Along with our partners in the international community, we are working to prevent or manage conflict wherever it occurs. As well as directly assisting many of the poorest countries in Africa, Ireland is a strong advocate for the developing world and for international peace and security through our membership of the EU and the UN.

Ireland provides assistance to vulnerable populations suffering the consequences of conflict, recognising that conflict is closely linked to poverty. We work with key partners such as UN agencies and non-governmental organisations, NGOs, to effectively deliver humanitarian assistance to those most in need.

In 2005 alone, Ireland has provided emergency and recovery support to eighteen countries in Africa. This is in addition to core funding which Ireland provides to international agencies, including the Office of the UN High Commissioner for Refugees, UNHCR, the World Food Programme, WFP, the UN Children's Fund, UNICEF, the UN Development Programme, UNDP, and the Red Cross family on an annual basis, for their efforts to assist vulnerable populations suffering the effects of conflict and food insecurity across the entire continent of Africa.

The EU is the world's largest contributor of development co-operation. At the emergency humanitarian level, the EU strives to meet the needs of the most vulnerable and food insecure populations of Africa. In 2004, the European Commission's Humanitarian Office, ECHO, provided humanitarian assistance of some €297 million to Africa. The EU's long-term development programmes are aimed at rebuilding the social and economic infrastructure of Africa. Ireland supports this work and also the EU's efforts in preventing and resolving conflicts on the African continent. We have supported the EU peace facility for Africa and have also assisted the African Union mission in Sudan, AMIS, as part of the EU's joint actions to foster peace and security in Darfur, Sudan.

I am deeply conscious of the enormity of the challenges facing African nations as they strive to build the foundations of economic and social development, often in a climate of hunger and warfare. Conflict and the resultant human suffering present complex challenges for the international community. The underlying structural problems affecting poverty and stability must be addressed if we are to break the cyclical nature of food insecurity, disease and conflict in Africa. This is pursued through longer-term development assistance.

Ireland has strong development partnerships with six countries in sub-Saharan Africa. Through these partnerships, Ireland fully engages with the Governments, donors, EU and UN agencies on the basis of poverty reduction strategy plans, PRSPs. The PRSPs outline how each country prioritises resources and policies with the objective of reducing poverty. These programmes contain a strong governance element throughout to assist in the building of democratic structures, the rule of law and a culture of respect for human rights.

We face considerable challenges in working in Africa. However, I believe our approach stands the best chance of success in enabling a better future for all of the peoples of Africa.

Question No. 127 answered with QuestionNo. 64.
Question No. 128 answered with QuestionNo. 63.

Gerard Murphy

Question:

129 Mr. G. Murphy asked the Minister for Foreign Affairs the Government programmes which will operate in 2006 aimed at lowering the incidence of HIV and AIDS in the developing world; and if he will make a statement on the matter. [39174/05]

HIV/AIDS is the single biggest obstacle to reducing poverty and to attaining the millennium development goals, MDGs. Recent statistics published by UNAIDS indicate that despite decreases in the rate of HIV infection in certain countries, the overall number of people living with HIV has continued to increase. There were an additional 5 million new infections in 2005, mostly among women, bringing the number of people living with HIV globally to its highest level at over 40 million people. More than 3 million people died of AIDS-related illnesses in 2005 including more than 500,000 children. Sub-Saharan Africa continues to be the region most affected globally with 64% of new infections occurring there.

The Government remains committed to combating the global HIV/AIDS pandemic. It is a key priority of our overseas development programme and will remain so in 2006. The Taoiseach announced a doubling of funding to HIV/AIDS and other global communicable diseases at the millennium review summit in September. This will bring annual expenditure on HIV/AIDS and other communicable diseases to €100 million.

In 2006 we will intensify funding to a number of the global initiatives currently supported, including the global fund to fight AIDS, tuberculosis and malaria. Since its establishment in 2001, the global fund has led to an increase in the overall resources available to fight these diseases and is beginning to have an impact at country level on disease control.

Increased support will also be provided to UNAIDS. We will continue to contribute to the strategic priorities of the organisation and to monitor the implementation of its programmes. In particular, Ireland has a strategic interest in an expanded UN response at country level in Africa. We will continue to encourage a more co-ordinated response on the part of UNAIDS and its co-sponsors.

Ireland funds a number of organisations focusing on the delivery of HIV treatment and care, including the Clinton Foundation. We will intensify our engagement with the Clinton Foundation in 2006, primarily focusing on increasing HIV treatment access in Mozambique and will investigate how to strengthen our partnership in support of other countries in Africa most affected by HIV/AIDS.

HIV prevention will continue to be a core policy objective, and our support to global initiatives focused on the development of HIV preventive technologies — vaccines and microbicides — will continue.

The coming year will see the scaling up of our support through the regional HIV/AIDS programme in southern and eastern Africa and through our programme countries. Increasing resources will be available for HIV prevention and care interventions in some of the worst-affected countries in the region. Strategic interventions concentrated on strengthening leadership, co-ordination and effective use of resources will also be funded both through national systems and NGOs.

Throughout the programmes funded and supported by Ireland, priority will be given to the needs of children made vulnerable by HIV and AIDS and to tackling the gender inequalities that compound women's vulnerability to the disease.

Throughout 2006, Ireland will continue to work with the international community in advocating a sustained and resourced global response to HIV/AIDS that not only increases access to HIV prevention, treatment and care, but also addresses the longer-term structural causes contributing to the spread of the disease.

Question No. 130 answered with QuestionNo. 51.
Question No. 131 answered with QuestionNo. 92.
Question No. 132 answered with QuestionNo. 31.

John Perry

Question:

133 Mr. Perry asked the Minister for Foreign Affairs the level of development aid spending for 2006; and if he will make a statement on the matter. [39199/05]

In line with the Government's commitment to increasing official development assistance, ODA, an allocation of €600 million has been provided in the Estimates for 2006 to my Department's Vote for international co-operation, Vote 29. This represents an increase of €129 million,27%, on the 2005 level. Taken together with the contributions of other Departments, total ODA is expected to reach a record €675 million in 2006 which, based on current anticipated growth rates, will bring the aid budget next year to 0.47% of GNP.

The following four key areas, as announced by the Taoiseach in his speech to the UN summit in September, will provide the basis for the immediate expansion of the programme. We will: double our funding for efforts to combat HIV/AIDS and other communicable diseases to €100 million; provide extra resources to combat famine and hunger and improve our capacity to respond to disasters; provide support for an increasing role for the private sector in development efforts; and increase our support for efforts to strengthen governance and to combat corruption.

Departmental Agencies.

Jack Wall

Question:

134 Mr. Wall asked the Taoiseach the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter [39411/05]

There are no agencies or bodies under the aegis of my Department for which I do not answer questions in some respect. However, there are a number of agencies/bodies in respect of which it would be inappropriate to respond to questions about their operational affairs and these are: the Moriarty tribunal; the All-Party Oireachtas Committee on the Constitution; the Independent Commission of Investigation; the Independent Commission of Inquiry into the Dublin, Monaghan and Dundalk Bombings; the National Statistics Board; the National Economic and Social Development Office; the National Economic and Social Council; the National Centre for Partnership and Performance; the National Economic and Social Forum; the National Forum on Europe; the Ireland Newfoundland Partnership; and the task force on active citizenship.

Health Services.

Jack Wall

Question:

135 Mr. Wall asked the Tánaiste and Minister for Health and Children if her Department will provide funding to a project (details supplied) in County Kildare; and if she will make a statement on the matter. [39406/05]

Jack Wall

Question:

146 Mr. Wall asked the Tánaiste and Minister for Health and Children if funding is available to a project (details supplied) from the Health Service Executive to ensure the project can be provided; and if she will make a statement on the matter. [39404/05]

I propose to take Questions Nos. 135 and 146 together.

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.

Nursing Home Subventions.

Willie Penrose

Question:

136 Mr. Penrose asked the Tánaiste and Minister for Health and Children if payment of outstanding moneys due to persons affected by the nursing homes subvention will be made during 2006 and, in particular, to psychiatric patients in low and medium high support hostels. [39331/05]

The Government has agreed the key elements of a scheme for the repayment of long stay charges for publicly funded residential care.

All 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.

Draft heads of a Bill for a repayment scheme have been prepared and will shortly be submitted to Cabinet for approval. The legislation will be brought before the Oireachtas in the next parliamentary session to provide a clear legal framework for the scheme. It is the intention to have the repayments commencing shortly after the Bill is approved and signed into law. In the case of those who were charged and are still alive, the repayments will be exempt from tax and will not be taken into account in assessing means for health and social welfare benefits. The normal tax and means assessment arrangements will apply to those who benefit from repayments to estates.

The legislation will include appropriate safeguards to prevent exploitation of those who receive repayments and are not in a position to manage their own financial affairs. The scheme will include a provision to allow those eligible for a repayment to waive their right to a repayment and have the money assigned to fund one-off service improvements in elderly, mental health and disability services.

A national oversight committee representative of service users, including Age Action Ireland and the Irish Senior Citizens' Parliament, has been appointed and has already begun its work. It will provide an independent input into the design of the scheme and 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 under the ex gratia payments process. The scheme will include a transparent and thorough appeals process.

An outside company with experience in handling mass claims will be engaged by the Health Service Executive, HSE, to design and manage the scheme within the parameters of the key principles approved by Government. The company selected will work closely with the HSE to ensure that the necessary co-operation is forthcoming on records held by the health agencies. The HSE has received expressions of interest from a number of companies and these have been short listed. A negotiated tendering procedure was chosen as the best way forward with these companies and the HSE has informed the Department that the process of selection is at an advanced stage. It is anticipated that the successful company will provide an independent input into the design and administration of the scheme.

The national helpline set up by the HSE to allow people to register if they believe they are due a repayment will continue to operate but there is no need for anyone who has already registered using this facility to make contact with the HSE again to register for the scheme.

Health Services.

John Perry

Question:

137 Mr. Perry asked the Tánaiste and Minister for Health and Children her views on the need for increased home help hours for a person (details supplied) in County Sligo; if she will intervene with the Health Service Executive north-west region and have same authorised; and if she will make a statement on the matter. [39332/05]

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.

Departmental Correspondence.

Martin Ferris

Question:

138 Mr. Ferris asked the Tánaiste and Minister for Health and Children if she has received correspondence from a person (details supplied) in County Kerry; and if she will make a statement on the matter. [39383/05]

The correspondence referred to by the Deputy was received in my private office on 9 November 2005. The Deputy will wish to note that this correspondence was subsequently acknowledged and referred to the parliamentary affairs division of the Health Service Executive for investigation and direct reply to the individual concerned.

Health Services.

Olwyn Enright

Question:

139 Ms Enright asked the Tánaiste and Minister for Health and Children the reason a payment has been withdrawn from a foster parent in respect of a child (details supplied) in County Laois, even though the child remains in their charge; and if she will make a statement on the matter. [39384/05]

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

Hospitals Building Programme.

Aengus Ó Snodaigh

Question:

140 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the recommendations of the committee of management of Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12, adopted at their meeting of 30 November 2005; and if she will make a statement on the matter. [39389/05]

Aengus Ó Snodaigh

Question:

141 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children her views on whether a greenfield site is a more acceptable option for the redevelopment of Our Lady’s Hospital for Sick Children, Crumlin, as recommended in the report adopted by the hospital committee of management on 30 November 2005. [39390/05]

Aengus Ó Snodaigh

Question:

142 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children her views on whether a proposed new hospital on a greenfield site could be delivered in a timely fashion, three years from design to commissioning as recommended in the report adopted by the committee of management of Our Lady’s Hospital for Sick Children, Crumlin, at their meeting on 30 November 2005; and if she will make a statement on the matter. [39391/05]

Aengus Ó Snodaigh

Question:

143 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children her views on whether it would be appropriate for the proposed new hospital, Our Lady’s Hospital for Sick Children, Crumlin, to be held in public ownership by the Archbishop and committee of management of the hospital, as recommended in the report adopted by the hospital committee of management on 30 November 2005; and if she will make a statement on the matter. [39392/05]

Aengus Ó Snodaigh

Question:

144 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children her views on whether it would be appropriate that the development partner for the redevelopment of Our Lady’s Hospital for Sick Children, Crumlin, would not have to consult with hospital users, as is suggested by the committee of management in its agreed policy of 30 November 2005; and if she will make a statement on the matter. [39393/05]

Aengus Ó Snodaigh

Question:

145 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children her views on whether a hospital of 300 beds, as is being planned for with the redevelopment of Our Lady’s Hospital for Sick Children, is sufficient to cover the demand for beds and other capacity requirements of a modern paediatric hospital; and if she will make a statement on the matter. [39394/05]

Aengus Ó Snodaigh

Question:

150 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the committee of management of Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12, and its deliberations, in particular regarding hospital development; and if she will make a statement on the matter. [39462/05]

Aengus Ó Snodaigh

Question:

151 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the communications she or her officials have had with the management of Our Lady’s Hospital for Sick Children, Crumlin, with the hospital’s committee of management, and with the Health Service Executive regarding the redevelopment of the hospital on a greenfield site as recommended by the committee of management. [39463/05]

Aengus Ó Snodaigh

Question:

152 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the commitments she or her officials have made with the management of Our Lady’s Hospital for Sick Children, Crumlin, the hospital’s committee of management and the Health Service Executive regarding the redevelopment of the hospital on a greenfield site as recommended by the committee of management. [39464/05]

Aengus Ó Snodaigh

Question:

153 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if approval has been given to proceed to develop a new hospital for Our Lady’s Hospital for Sick Children, Crumlin, on a greenfield site; and if she will make a statement on the matter. [39465/05]

Aengus Ó Snodaigh

Question:

154 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the meetings she or her officials attended at which the redevelopment of Our Lady’s Hospital for Sick Children, Crumlin, on a greenfield site was discussed; when same were held and the other persons who were present. [39466/05]

Aengus Ó Snodaigh

Question:

155 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if she has received a briefing document from the acting chief executive of Our Lady’s Hospital for Sick Children, Crumlin; and if she will make a statement on the matter. [39467/05]

Aengus Ó Snodaigh

Question:

156 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if the minutes of the committee of management of Our Lady’s Hospital for Sick Children, Crumlin, relating to plans to redevelop the hospital will be made public, in particular the meetings of 26 October 2005, 9 November 2005 and 30 November 2005, and subsequent meetings where this issue was discussed; and if she will make a statement on the matter. [39468/05]

Aengus Ó Snodaigh

Question:

157 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children her views on whether it is appropriate that the committee of management of Our Lady’s Hospital for Sick Children, Crumlin, is planning that the construction of a new hospital for Our Lady’s Hospital for Sick Children, Crumlin, will be largely dependent on significant public fundraising and donations from its overall fundraising package, rather than by Exchequer funding; and if she will make a statement on the matter. [39469/05]

I propose to take Questions Nos. 140 to 145, inclusive, and Nos. 150 to 157, inclusive, together.

The project team established to plan for the overall future development of Our Lady's Hospital for Sick Children, Crumlin, has undertaken a detailed examination of the potential to redevelop the hospital on its present site. It concluded that the existing clinical services could be retained and developed on the present site, but also set out the implications of such an approach in terms of time, cost and disruption to services. As a consequence, it is my view that it is likely that the new hospital will be located at an alternative site.

I met with members of the hospital's committee of management last September and they articulated the concerns of the hospital's staff on the disruption to services that would be caused by redevelopment on-site.

I have asked the Health Service Executive to arrange for a review to be undertaken of highly specialised paediatric services to ensure that they are provided in the most efficient and effective manner. The outcome of this review will help to inform the decision on the range of services to be provided at the new Crumlin hospital. I expect this review to be completed as a matter of urgency.

It is proposed, when the review has been completed, that a site option appraisal study will be carried out, the focus of which will be to evaluate the options for the relocation of the hospital, leading to the acquisition of an alternative site if such is recommended by the process. This study will be subject to public tendering procedures.

I am aware that there is significant private sector interest in the redevelopment of the hospital and I have met with a number of the interested parties.

Question No. 146 answered with QuestionNo. 135.

Departmental Agencies.

Jack Wall

Question:

147 Mr. Wall asked the Tánaiste and Minister for Health and Children the agencies or bodies her Department provides funding to or is administratively responsible for, and those agencies and bodies that her Department is responsible for in respect of Government policy; and if she will make a statement on the matter. [39412/05]

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

Health Services.

Catherine Murphy

Question:

148 Ms C. Murphy asked the Tánaiste and Minister for Health and Children if there are intentions or plans to increase staffing levels from 2006 onward where speech and language therapy, occupational therapy and psychological services are concerned in order to address the high demand for this service in County Kildare; and if she will make a statement on the matter. [39432/05]

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.

Proposed Legislation.

Arthur Morgan

Question:

149 Mr. Morgan asked the Tánaiste and Minister for Health and Children the number of persons who are awaiting payments under the national repayment scheme throughout the State; the number in County Louth in particular; and the number in the Health Service Executive north-eastern area; when the necessary legislation will be in place to facilitate payments; and when she expects these payments to be made. [39433/05]

Draft heads of a Bill for a national repayment scheme for long stay charges for publicly funded residential care 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.

It is estimated that approximately 20,000 people who are still alive and a further 40,000 estates will benefit under the scheme but exact figures will only become available when the repayment process has been completed. In light of difficulties emerging in respect of records and the existence of individual's addresses, and given the movement of some patients within areas of the Health Service Executive, it may not be possible, therefore, to provide accurate figures on a specific area such as a county by county basis until the repayment process has been completed.

Questions Nos. 150 to 157, inclusive, answered with Question No. 140.

Health Services.

Aengus Ó Snodaigh

Question:

158 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the immediate and short-term funding needs of Our Lady’s Hospital for Sick Children, Crumlin. [39470/05]

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.

Aengus Ó Snodaigh

Question:

159 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that Our Lady’s Hospital for Sick Children, Crumlin has made the case to the Health Service Executive that to fund the hospital on the basis of 2004, capacity rather than the significantly increased activity of 2005, is wholly inadequate, and that such funding does not take into account additional capacity in cardiology, theatre and ICU, which the Health Service Executive stated should not be curtailed and for which the Health Service Executive has allocated resources; her views on the matter; and the steps she will take to address the shortfall. [39471/05]

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

Hospitals Building Programme.

Aengus Ó Snodaigh

Question:

160 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the proposed developments at Our Lady’s Hospital for Sick Children, Crumlin, which have been approved in the past 12 months and which projects are pending; and if she will make a statement on the matter. [39472/05]

Aengus Ó Snodaigh

Question:

162 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children when approval of funding will be given for the fifth floor in the medical tower at Our Lady’s Hospital for Sick Children, Crumlin and a decision made regarding cardiac services; and if she will make a statement on the matter. [39474/05]

I propose to take Questions Nos. 160 and 162 together.

Pending final decisions with regard to the future location of Our Lady's Hospital for Sick Children, Crumlin, three clinical departments have been identified as requiring urgent upgrade or expansion. The three departments are haematology-oncology, radiology — including MRI — and cardiology.

The haematology-oncology project consists of the provision of new accommodation for day and outpatient services. The radiology project will provide new MRI facilities in Crumlin. The cardiology project will provide dedicated inpatient cardiac beds, together with diagnostic, outpatient and administration facilities. My Department has requested the parliamentary affairs division of the Health Service Executive to arrange to have a reply issued directly to the Deputy in respect of the specific questions raised.

Health Services.

Aengus Ó Snodaigh

Question:

161 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the new developments that have taken place in the past ten years at Our Lady’s Hospital for Sick Children, Crumlin; the cost of same; and if she will make a statement on the matter. [39473/05]

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.

Question No. 162 answered with QuestionNo. 160.

Aengus Ó Snodaigh

Question:

163 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that there is a serious shortfall of funding from the Health Service Executive in respect of haematology in Our Lady’s Hospital for Sick Children, Crumlin; the steps she will take to address the shortfall. [39475/05]

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.

Aengus Ó Snodaigh

Question:

164 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that the growth in the haemoglobinopathy service in Our Lady’s Hospital for Sick Children, Crumlin, has not been funded by the Health Service Executive or her Department; and the steps she will take to address the shortfall. [39476/05]

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.

Aengus Ó Snodaigh

Question:

165 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that the funding for the development of the transitional care unit in Our Lady’s Hospital for Sick Children, Crumlin, is significantly short of requirements; and the steps she will take to address the shortfall. [39477/05]

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:

166 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason a long stay patient (details supplied) at St. Canice’s Hospital, Kilkenny does not have a medical card; if same will be renewed; if the €300 paid by the person for glasses will be refunded; and if the matter will be investigated and a response issued. [39510/05]

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 case investigated and to have a reply issued directly to the Deputy.

John McGuinness

Question:

167 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the way in which the assessment was made in the case of a person (details supplied) in County Kilkenny; if it is reasonable to ask a patient on €153.30 a week to contribute €119.30 for their keep; and if she will make a statement on the matter. [39514/05]

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

Section 53 of the Health Act 1970 — as amended by the Health (Amendment) Act 2005 — provides inter alia for the levying of a charge where inpatient services have been provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months. In this regard, charging of patients in long-term care commenced on 14 July 2005, which was after the expiration of 30 days after the regulations were signed.

The regulations, in keeping with section 53 of the Health Act 1970 as amended have provided for two different classes of persons on whom charges can be levied. Class 1 refers to people in receipt of inpatient services on premises where nursing care is provided on a 24 hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser. Class 2 refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24 hour basis on those premises. In this situation, a weekly charge can be levied of €90 or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser.

These regulations provide for the maximum charge to be levied on either class of person. The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under section 1 (b) of the Health (Amendment) Act 2005, the HSE can examine a person’s overall financial situation in view of the person’s reasonable expenditure in respect of themselves or their dependants, if any. The management and delivery of health and personal social services are the responsibility of the HSE under the Health Act 2004. It is a matter for the HSE, based on its own legal advice and taking into account the individual circumstances as well as the service being provided, to make a decision on any charges levied.

The Deputy's question relates to a specific case that involves the management and delivery of health and personal social services and 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 a reply issued directly to the Deputy in respect of this case.

Suicide Incidence.

Catherine Murphy

Question:

168 Ms C. Murphy asked the Tánaiste and Minister for Health and Children if, in view of reports from the chairperson of the Irish Association of Suicidology that children with attention deficit hyperactivity disorder or Asperger’s syndrome are at a higher risk of suicide, she will increase the funding made available to the Health Service Executive to increase educational support services for children and teenagers in these categories in order to ensure that every opportunity and assistance is given to developing the social and communication skills of children and adolescents diagnosed with these conditions; and if she will make a statement on the matter. [39557/05]

The multiannual investment programme, published last December by the Government, contains details of specific commitments in relation to the provision of certain high priority disability services, including mental health services, over the period 2006 to 2009. This programme, together with the enhancement of other support services, are key factors in building the additional capacity required to put in place the new framework provided for in the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004.

Under the multiannual investment programme 2006 additional funding of €59 million is being made available to support and further enhance the service developments put in place as a result of the increase in the level of funding provided in 2005. A further €41 million is also being provided in 2006 to the disability and mental health services to enhance multidisciplinary support services for people with disabilities with a particular focus on enhancing services for children.

As the Deputy may be aware, the Tánaiste launched "Reach Out — National Strategy for Action on Suicide Prevention 2005-2014" in September of this year. To oversee the implementation of Reach Out, a new national office for suicide prevention, NOSP, has been established by the HSE. An additional €1.2 million has been allocated to NOSP to support the implementation of the strategy in 2006.

Nursing Home Subventions.

Jack Wall

Question:

169 Mr. Wall asked the Tánaiste and Minister for Health and Children the average cost of nursing homes in County Kildare; the average cost of nursing homes on a national scale; and if she will make a statement on the matter. [39626/05]

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.

Hospital Waiting Lists.

Jack Wall

Question:

170 Mr. Wall asked the Tánaiste and Minister for Health and Children the average waiting list at Naas hospital for each of the past five years; and if she will make a statement on the matter. [39627/05]

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.

Departmental Reports.

Billy Timmins

Question:

171 Mr. Timmins asked the Tánaiste and Minister for Health and Children when she will publish the report on sudden cardiac death; and if she will make a statement on the matter. [39645/05]

In September 2004 a national task force on sudden cardiac death was established to address the problem of sudden cardiac death in Ireland. The task force, chaired by Dr. Brian Maurer, will make recommendations on the prevention of sudden cardiac death and on the detection of those at high risk. The task force will also advise on equipment and training programmes to improve the outcome in those suffering from sudden cardiac collapse and on the establishment of appropriate surveillance systems. I understand a report is almost ready for publication and it is my intention to have it published early in 2006.

Grant Payments.

Joe Walsh

Question:

172 Mr. Walsh asked the Tánaiste and Minister for Health and Children her plans to approve a grant for a day care centre (details supplied) in County Cork to allow much needed refurbishment work commence. [39648/05]

My Department received an application for a grant from the health and children allocation of national lottery funds from the organisation referred to in April 2005. There is a protocol in my Department for processing applications for national lottery grants. When the completed application form is received in my Department it is registered in the finance unit and forwarded to the relevant service division for their assessment, evaluation and recommendation. All applications are then considered in the context of the recommendation and the overall level of funds available to me. The application is one of many under consideration for a grant from my Department and the organisation will be informed as soon as a decision has been made.

Health Services.

Willie Penrose

Question:

173 Mr. Penrose asked the Tánaiste and Minister for Health and Children the steps she will take to have a person (details supplied) in County Westmeath admitted to St. James’s Hospital; and if she will make a statement on the matter. [39685/05]

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.

Public Service Staff.

Seán Haughey

Question:

174 Mr. Haughey asked the Minister for Finance the way in which information in respect of the rates of pay of everyone in public service can be obtained; if he will make these details available to this Deputy separately; and if he will make a statement on the matter. [39380/05]

Information on the main Civil Service rates of pay is contained in Department of Finance Circular 34/2005, which is published on the Department's website www.finance.gov.ie under “Civil-Public Service Information — Circulars”. Details of other individual grades are available on request. Information on the rates of pay of staff of specific non-commercial State-sponsored bodies or North-South bodies may be obtained from the individual bodies.

Rates of pay for employees of the Health Service Executive are available from the Department of Health and Children or the Health Service Executive. Rates of pay for employees of local authorities are available from the Department of the Environment, Heritage and Local Government. Rates of pay for members of the Garda Síochána are available from the Department of Justice, Equality and Law Reform. Rates of pay for members of the Defence Forces pay may be obtained from the Department of Defence website at www.defence.ie.

Pay rate information regarding the staff of the Commission of the Houses of the Oireachtas and the Oireachtas Members is available from the Houses of the Oireachtas database, which is accessible to the staff and Members. Rates of pay for employees in schools, institutes of technology and vocational education committees may be obtained from the Department of Education and Science. The main rates of pay are on the Department's internet site —www.education.ie— under the section “Education Personnel”. Salary scales for universities are maintained by the universities themselves and information on the salary scales is best obtained from each university. Some universities post details on their websites. Information on the rates of pay of the judiciary may be obtained from the courts policy division of the Department of Justice, Equality and Law Reform.

Departmental Agencies.

Jack Wall

Question:

175 Mr. Wall asked the Minister for Finance the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter [39413/05]

Apart from questions relating to grants and grant-in-aid payments, I have no responsibility for answering parliamentary questions in respect of the Institute for Public Administration and the Economic and Social Research Institute, both of which receive funds from my Department's Vote. There are a number of bodies, such as the Central Bank and Financial Services Authority of Ireland, the Irish Financial Services Regulatory Authority, the National Treasury Management Agency, the National Pensions Reserve Fund and so forth for which I have responsibility to Dáil Éireann in respect of the legislation governing these bodies and in respect of appointments to the relevant boards but I do not have responsibility for replying to parliamentary questions in respect of the day to day operation of these bodies.

Telecommunications Services.

Ruairí Quinn

Question:

176 Mr. Quinn asked the Minister for Finance if the mobile telephone transmitters located (details supplied) in Dublin 6 have been switched off pending the report from the interdepartmental committee on the health effects of electromagnetic radiation; the contractual changes necessary with the telecommunications companies operating these transmitters in order to shut them down; if monetary or other compensation has been offered or given to those telecommunications companies; when he expects to receive the report of the interdepartmental committee on the health effects of electromagnetic radiation; and if he will make a statement on the matter. [39428/05]

The telecommunications equipment installed on the State owned building referred to is still operational. The two mobile phone operators who have equipment installed on Ardee House have informed the Commissioners of Public Works that they do not intend to comply with the request to deactivate their equipment. The commissioners have requested the companies to reconsider their decision and will not grant any further licences in respect of State buildings to them pending the report of the interdepartmental committee on the health effects of electromagnetic radiation.

Provided the companies are in compliance with the terms and conditions of their licence agreement, there is no contractual basis for the Commissioners of Public Works to insist that the equipment is deactivated. The question of paying compensation in any form to the companies has not arisen. The interdepartmental committee on the health effects of electromagnetic radiation is being established by the Department of Communications, Marine and Natural Resources. The publication of the committee's report is a matter for that Department.

Tax Code.

Pat Breen

Question:

177 Mr. P. Breen asked the Minister for Finance the tax relief or other incentives available for widows and widowers aged under 66 on the non-contributory pension who wish to return to work; and if he will make a statement on the matter. [39489/05]

I am informed by the Revenue Commissioners that there are no specific tax reliefs directed at widows or widowers under the age of 66 years on a non-contributory pension returning to work. However, the following tax credits and bands are available to widowed persons.

The values in brackets are those which will apply for 2006 and subsequent years. In the year of bereavement a widowed person may receive a personal tax credit of €3,160-€3,260, which is equivalent in value to the married person's tax credit. For widowed persons with no dependent children, a tax credit of €400-€500, which is additional to the basic personal tax credit, is available after the year of bereavement. Such widowed persons would therefore receive aggregate tax credits of €1,980-€2,130 — comprising €400-€500 — plus the personal tax credit of €1,580-€1,630. The employee PAYE tax credit of €1,270-€1,490 may also apply as appropriate.

The non-contributory widows or widowers pension is paid by the Department of Social and Family Affairs and, in common with most other social welfare payments, is taxable. As such, circumstances could arise where the above tax credits would be reduced to cover the tax due on the pension and the net tax credits would then be available against the employment or other income of the individual. Following the year of bereavement, a widowed parent with a qualifying child or children may qualify for the one parent family tax credit of €1,580-€1,630, in addition to the personal tax credit of €1,580-€1,630.

A further tax credit, the widowed parent tax credit, is available on a sliding scale for the first five tax years following the year of bereavement as follows:

2005

2006

Year 1

2,800

3,100

Year 2

2,300

2,600

Year 3

1,800

2,100

Year 4

1,300

1,600

Year 5

800

1,100

Therefore, in the first year following bereavement a widowed parent is entitled to aggregate tax credits of €5,960-€6,360 — comprising a single personal credit of €1,580- €1,630 — a one parent family credit of €1,580-€1,630 and a widowed parent credit of €2,800-€3,100. The employee PAYE tax credit of €1,270-€1,490 may also apply as appropriate.

The tax rate bands applicable to widowed persons are:

2005

2006

Widowed (without dependent children)

€29,400 @ 20%

€32,000 @ 20%

Balance @ 42%

Balance @ 42%

Widowed (qualifying for one parent family tax credit)

€33,400 @ 20%

€36,000 @ 20%

Balance @ 42%

Balance @ 42%

Proposed Legislation.

Aengus Ó Snodaigh

Question:

178 Aengus Ó Snodaigh asked the Minister for Finance if representation has been made by the committee of management of Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12 to amend the Finance Act 2005 to allow for the utilisation of capital allowances for the development of a public hospital; and if he will make a statement on the matter. [39501/05]

Neither I nor the relevant officials in my Department are aware of any such representations.

Tax Code.

Aengus Ó Snodaigh

Question:

179 Aengus Ó Snodaigh asked the Minister for Finance if an application has been made for charitable trust status by the committee of management of Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12; and if he will make a statement on the matter. [39502/05]

I am advised by the Revenue Commissioners that Our Lady's Children's Hospital, Crumlin — formerly known as Our Lady's Hospital for Sick Children, Crumlin — holds charitable tax exemption under charity reference number CHY 16735. A full list of bodies which hold charitable tax exemption is available on the Revenue website at www.revenue.ie under publications-lists of bodies and organisations.

Departmental Expenditure.

Aengus Ó Snodaigh

Question:

180 Aengus Ó Snodaigh asked the Minister for Finance if he will provide the Estimate for the secret service for each of the past ten years; the amount expended annually; and if he will make a statement on the matter. [39503/05]

The allocation for secret service — Vote 12 — for the years in question is set out in a table. It is not the practice to divulge information or explanations relating to expenditure on this Vote.

Year

Allocation €000’s

Outturn €000’s

1996

660

386

1997

952

499

1998

946

396

1999

933

362

2000

933

385

2001

933

390

2002

900

362

2003

831

392

2004

767

350

2005

786

N.A.

Flood Relief.

John McGuinness

Question:

181 Mr. McGuinness asked the Minister for Finance if the repairs to the houses at Johns Quay, Kilkenny, arising from the River Nore flood relief scheme have been agreed with the residents; the timeframe for the completion of the work; if the residents were contacted in this regard; and if he will make a statement on the matter. [39513/05]

Contact has been made with the residents of Johns Quay in respect of the repairs to their houses. Each case is being dealt with on an individual basis and it is anticipated that agreement by mutual consent will be reached in the new year on the scope of the works required and the method of implementing the works.

Tax Code.

Willie Penrose

Question:

182 Mr. Penrose asked the Minister for Finance if a person who retired from farming and participated in the farm retirement scheme will gain the special exemptions attached to the capital gains tax computation (details supplied); and if he will make a statement on the matter. [39684/05]

I am advised by the Revenue Commissioners that it is not possible on the basis of the information supplied by the Deputy to confirm whether the taxpayer in question will be entitled to relief — known as retirement relief — from capital gains tax on the disposal of his entire landholding.

Land leased in compliance with the terms of the EU schemes of early retirement from farming is a "qualifying asset" for retirement relief purposes provided it was owned and used for farming purposes by the individual claiming relief throughout the period of ten years prior to it being leased. On a disposal of the land, full relief is available where the individual is 55 years or more and the consideration, inclusive of any earlier disposals of "qualifying assets", does not exceed €500,000. Otherwise marginal relief may apply. Where the disposal is to a child or favoured nephew or niece of the individual the €500,000 threshold does not apply.

Retirement relief in the circumstances outlined above is conditional on an individual transferring an interest in his or her lands for the purposes of complying with the terms of the relevant scheme. Providing those terms were complied with, the non-receipt of a pension by the individual in question would not prevent him or her from availing of this relief. The taxpayer in question should contact the Revenue Commissioners if he would like further details on the availability of this relief.

Port Development.

Arthur Morgan

Question:

183 Mr. Morgan asked the Minister for Communications, Marine and Natural Resources if his Department approved a borrowing of €371,959.94 by a company (details supplied) for the purchase of a dredger; if he is satisfied that requirements under the code of practice for State bodies were met, including sections 6.1, 6.2 and 6.4; when consent issued in this case; and if he will make a statement on the matter. [39427/05]

Under the National Development Plan 2000-06, Dundalk Port Company was approved for grant aid at a rate of 40% up to a maximum of €1.2 million for the development of the port's infrastructure. A letter of offer issued to the company on 23 July 2003. The company received estimates of €4.5 million to €7 million for the dredging element of the project. The company could not finance such expenditure and instead made the commercial decision to purchase a dredger to carry out the dredging work itself. The company proceeded to borrow the necessary funding for this purchase.

Section 23(1)(b) the Harbours Act 1996 gives the company the power to borrow funds only with my consent and that of the Minister for Finance. On 17 October 2003 the company requested such consent for borrowing of €400,000 but the company had already drawn a bridging loan of €371,959.94 on 1 October 2003 without the necessary consent. The company was requested a number of times to provide supplementary information in order to assess whether retrospective consent from the Minister for Finance and myself could be granted. However, sufficient information to allow me make that assessment was not forthcoming. In the course of this process, a number of other corporate governance breaches by Dundalk Port Company relating to other unauthorised borrowing and the unauthorised establishment of a subsidiary company came to light.

To date, €224,000 of national development plan funds has been approved for payment. Failure to regularise the corporate governance breaches outlined above has meant that a number of further applications from the company for drawing down of NDP funding have not been approved thus far. Together with difficult trading conditions for the port, this has resulted in a deteriorating financial situation for the company.

In early September 2005 I approved the appointment of a suitably qualified expert in finance and corporate governance matters to provide the Department with a report on the state of affairs of Dundalk Port Company on the grounds of persistent breaches by the company of the requirements of the Harbours Act and the code of practice for the governance of State bodies, the company's demonstrable failure over time to effectively engage with the Department to rectify these breaches and to manage its affairs in compliance with the requirements of the legislation and the code of practice and an oral report by the company's chief executive to the Department of the deteriorating financial situation of the company.

A firm of accountants — Baker Tilly O'Hare — was appointed on 16 September 2005. The final report was received on 24 October 2005. A procedure for implementing the recommendations of the report has now been agreed with the Department of Finance. The report contains a number of recommendations for the financial restructuring of the company and recommendations for improving the corporate governance of the company. The report also includes a recommendation for a restructuring of the company's unauthorised borrowings.

The report has been sent to the chief executive officer and the chairman of the company. The chief executive of the company is meeting the Secretary General of my Department shortly and I am due to meet the chairman of the company. We will impress upon the company the gravity of the situation and inform the company how it is proposed to implement the recommendations of the report. The Department and I will closely monitor the implementation of the recommendations over the coming months. Proper implementation of the report's recommendations over the coming months will enable the company's situation to be regularised and will allow the port to develop further and continue to provide important port services to its hinterland.

Departmental Agencies.

Jack Wall

Question:

184 Mr. Wall asked the Minister for Communications, Marine and Natural Resources the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter. [39414/05]

The Department is currently responsible for 30 commercial, non-commercial and regulatory State bodies, ten port companies and 14 harbour authorities. The bodies are comprehensively listed in Appendix C of my Department's Statement of Strategy 2005-2007. I have arranged for a copy of the statement of strategy to be forwarded to the Deputy.

Fisheries Protection.

Liam Aylward

Question:

185 Mr. Aylward asked the Minister for Communications, Marine and Natural Resources if a seat on the National Salmon Commission will be allocated to the snap net fishermen’s alliance who have held a seat on this commission since its inception and who have no input into the current negotiations on salmon policy; and if he will make a statement on the matter. [39479/05]

In the exercise of the powers conferred on me, as Minister of State at the Department of Communications, Marine and Natural Resources, by section 55A, inserted by section 22(1) of the Fisheries Act 1999, of the Fisheries Act 1980, I included 34 organisations in the National Salmon Commission (Prescribed Bodies and Organisation) Order 2005, S.I. 626 of 2005, which I signed on 28 September 2005. I can confirm that the Barrow Nore Suir Snap Net Fishermen's Alliance is one of these organisations.

The Fisheries Acts, however, provide that not more than 16 members of the commission shall be appointed from among those nominated by the prescribed representative bodies and organisations. As such, inclusion on the prescribed list cannot convey an automatic right for any particular body or organisation to have its nominee appointed to the commission.

As the Deputy can see, the number of bodies and organisations seeking to have representation on the National Salmon Commission was far in excess of the number of places available. As a result, it was not possible to appoint all nominees, including those of organisations previously represented on the commission. I believe however, that the selected membership will ensure that all relevant stakeholders, including snap net fishermen, are fairly represented at the commission.

The commission has the function of assisting and advising me on the conservation, management, protection and development of the national salmon resource in accordance with the detailed terms of reference set out in the National Salmon Commission (Terms Of Reference) Order 2005, S.I. 627 of 2005. I can confirm, however, that the terms of reference for the new National Salmon Commission provide that the commission will consult and engage as appropriate in a proactive dialogue with the Barrow Nore Suir Snap Net Fishermen's Alliance and all of the other prescribed bodies and organisations listed in the 2005 order.

I am satisfied that through these terms of reference, all of the prescribed bodies and organisations will have the opportunity to have their interest recognised and that any proposals that they may have in regard to the conservation, management, protection and development of the national salmon resource will be fully considered and evaluated by the National Salmon Commission during its current term of office.

Post Office Network.

Bernard J. Durkan

Question:

186 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources, further to Questions Nos. 259, 260 and 261 of 6 December 2005, the precise location of the post offices already closed in the past 12 months; and if he will make a statement on the matter. [39577/05]

The precise locations of post offices closed in the past 12 months are set out in the table. This pertains to post office closures from 1 December 2004 to 1 December 2005.

Sub-Office

County

Aghabog

Monaghan

Ardlogher

Cavan

Brickens

Mayo

Broadford

Kildare

Cadamstown

Offaly

Clooneyquinn

Roscommon

Coolbawn

Kilkenny

Cregganbaun

Mayo

Four Mile House

Roscommon

Inch

Wexford

Killiney

Dublin

Loughan

Meath

New Inn

Cavan

Rahara

Roscommon

Rathfeigh

Meath

Strand

Limerick

Tagheen

Mayo

Question No. 187 answered with QuestionNo. 49.

International Agreements.

Bernard Allen

Question:

188 Mr. Allen asked the Minister for Foreign Affairs the number of states that remain non-signatories to the Nuclear Non-Proliferation Treaty; and if he will make a statement on the matter. [39436/05]

The Nuclear Non-Proliferation Treaty, NPT, is the most universal of all the multilateral disarmament and non-proliferation agreements. Of the 191 members of the United Nations, only three countries, India, Israel and Pakistan, have not signed the NPT. The NPT review conference in 2000, for the first time, named those states which were not party to the treaty and urged them all to accede to the NPT as non-nuclear weapon states, promptly and without conditions.

That conference also deplored the nuclear tests that had been conducted by India and Pakistan in 1998 and declared that such actions did not in any way confer nuclear weapon state status or any other special status. The conference called upon these two countries to undertake the measures set out in United Nations Security Council Resolution 1172, which, inter alia, called upon India and Pakistan to cease their nuclear weapon development programmes, to refrain from the deployment of nuclear weapons and to become parties to the NPT without delay and without conditions. The conference also urged all states parties to the NPT to refrain from any action that might contravene or undermine the objectives of that resolution as well as those of the treaty itself.

The conference also reaffirmed the resolution on the Middle East which had been adopted at its previous meeting in 1995 and which called on all states in the Middle East to accede to the treaty and to place their nuclear facilities under full-scope International Atomic Energy Agency safeguards.

At the last NPT review conference in May, I stated that it was a matter of serious concern that Israel, India and Pakistan continue to remain outside the NPT regime and I urged them to accede to the treaty unconditionally and at an early date. Such a call has also been made in recent statements by the European Union. All EU member states are legally obliged to pursue this objective in accordance with an EU common position, agreed in November 2003, promoting the universalisation of key multilateral disarmament and non-proliferation agreements, including the NPT.

We will continue to press for the universalisation of the treaty. Our most recent initiative in this regard was the submission of a resolution on the NPT with our partners in the new agenda coalition to the first committee of the United Nations General Assembly in October. A separate vote was called on the paragraph in the resolution which urged India, Israel and Pakistan to accede to the treaty. The paragraph was supported by 148 countries. Last Thursday, when the issue was taken up in the plenary of the General Assembly, some 158 UN member states endorsed this call.

Question No. 189 answered with QuestionNo. 97.

Departmental Agencies.

Joan Burton

Question:

190 Ms Burton asked the Minister for Foreign Affairs the cost of the closure of APSO, including consultancies and reviews undertaken prior to its closure, and settlements to retiring staff; the number of staff who were absorbed into the Department of Foreign Affairs and the cost of their salaries on an annual basis from the closure, for each year to date in 2005; and the cost of related bodies or groups affected by the closure of APSO. [39329/05]

Joan Burton

Question:

191 Ms Burton asked the Minister for Foreign Affairs the number of persons who were placed in overseas placements by APSO for each year from 1997 to date in 2005 of its closure; the categories of such placement, long-term, short-term and so on; the type of work undertaken, for example, full-time, part-time, mentoring and so on; and the cost and the agency operation cost. [39330/05]

I propose to take Questions Nos. 190 and 191 together.

The only review which had a direct bearing on the closure of the Agency for Personal Service Overseas, APSO, was that of the Ireland Aid review committee in 2002. The committee's report recommended that APSO should be integrated into Ireland Aid, now Development Co-operation Ireland. The costs of this review are not directly attributable to the closure costs of APSO as it had a much wider remit, covering the entire Irish overseas aid programme.

The direct costs associated with the closure of APSO are set out in table 1 below. They include: the appointment of the liquidator, Grant Farrell Sparks, totalling €11,495; other related fees such as legal and audit fees amounting to €30,430; the cost of five international field staff redundancies amounting to €89,037; the cost of local field staff redundancies which amounted to €320,884 — see table 2; and the cost of surplus equipment donated to non-governmental organisations which amounted to €99,633. All direct development worker contracts were honoured until completion. There were no financial costs to funded organisations as a result of the closure of APSO. Also, no APSO headquarters staff retired at that time. The total estimated costs associated with the closure of APSO currently stands at €551,479. Eighteen former APSO staff members were absorbed into the Department of Foreign Affairs and the cost of their salaries on an annual basis in 2004 was €716,159. The allocation for 2005 was €784,281.

Table 3 indicates the number of persons who were assigned to overseas placements by APSO for each year from 1997 to the date of its closure. It includes the categories of such placement, whether long-term or short-term, the type of work undertaken and the costs involved. Further detail is available in the annual reports of APSO.

In addition to direct placements, APSO administered the personnel co-funding scheme for development workers in non-governmental organisations and missionary organisations as per table 4. Following the integration of APSO into the Department of Foreign Affairs, these personnel funding activities have been administered by my Department. In 2005, an allocation of €15 million was made to support over 1,350 development volunteers. It is anticipated that, when the company charged with liquidation has completed its work, and following the sale of all of APSO's assets, there will be a net balance of receipts over expenditure. The provisional balance currently stands at €183,051.

Table 1 pertains to costs associated with the closure of APSO to date.

Costs

Grant Farrell Sparks — liquidator

11,495

Legal fees

30,430

International staff redundancies

89,037

Local staff redundancies

320,884

Equipment donated to NGOs

99,633

Total costs to date

551,479

Table 2 provides details of field staff redundancy payments.

Region or country

Total Paid

Kenya — Regional office

38,065

The Gambia — Regional office

51,666

South Africa — Regional office

6,000

Central America — Regional office

105,000

Tanzania — Country office

41,147

Cambodia — Country office

55,136

Zimbabwe — Country office

23,870

Total

320,884

Table 3 provides details of APSO assignments.

Year

Number of long-term APSO assignments, two years or more

Short-term mentoring programme, one week to three months

Election monitors, average of ten days

Total overseas APSO assignments

Total cost of APSO related assignments

1997

483

81

120

684

7,148,332

1998

426

91

103

620

5,705,084

1999

355

87

19

461

4,544,788

2000

332

152

64

548

3,530,447

2001

210

134

60

404

2,899,295

2002

90

114

92

296

2,410,111

2003

15

110

29

154

528,867

Table 4 provides details of APSO personnel co-funding scheme.

Year

Total support to personnel related assignments including Missionary and NGO sector.

1997

11,963,820

1998

11,777,365

1999

13,659,821

2000

11,416,485

2001

9,421,608

2002

10,755,609

2003

12,429,342

Jack Wall

Question:

192 Mr. Wall asked the Minister for Foreign Affairs the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter [39415/05]

There are four bodies which come under the aegis of the Department of Foreign Affairs and for which the Department provides funding, namely, the advisory board for Development Co-operation Ireland; the development education advisory committee; the board of the Ireland-United States Commission for Educational Exchange, that is, the Fulbright Commission; and the DION committee.

The advisory board of Development Co-operation Ireland works closely with that division in my Department to provide strategic direction to Ireland's development aid programme and to maximise its quality, effectiveness and accountability. The development education advisory committee offers policy advice to me, and to Development Co-operation Ireland, on development education and on ways of increasing knowledge and understanding of development issues in Ireland. The Fulbright Commission finances study, research, teaching and other educational activities between Ireland and the United States of America. Finally, the DION committee is an advisory committee to the Government on the situation of Irish emigrants in Britain.

Northern Ireland Issues.

Michael D. Higgins

Question:

193 Mr. M. Higgins asked the Minister for Foreign Affairs his response to recently planned guidelines for community restorative justice schemes in Northern Ireland; if he has met with Northern Ireland Minister, Mr. David Hanson, to discuss these schemes; if he has met with political parties from Northern Ireland on this issue; and if he will make a statement on the matter. [39429/05]

The criminal justice review, established pursuant to the Good Friday Agreement, considered the question of community restorative justice schemes in the context of strengthening support for the criminal justice system. It concluded that, in certain circumstances, such schemes had a useful role to play, but emphasised the need to operate within certain well defined criteria. As part of the implementation of the review, the British Government undertook to prepare guidelines for the operation of restorative justice schemes, and these were published as a consultative document earlier this month.

In the context of ongoing discussions, we have had an opportunity to discuss this issue with the political parties and with the British Government, as well as with other interests. We are aware of the concerns expressed by various stakeholders, and will wish to ensure that any decisions in this area are consistent with the commitment to a widely supported policing service.

In considering proposals for change, the Government has emphasised its view that any programme should adhere to best international practice, must be human rights-compliant and have acceptable arrangements with regard to the handling of complaints. We have above all emphasised the need to operate in a manner which underpins the new dispensation in policing, and which contributes to the full implementation of the Patten recommendations. Indeed, it seems clear that progress on policing is inevitably closely linked with the scope for the development of community restorative justice and related programmes. We will remain in close touch with the political parties and the British Government on this matter.

Michael D. Higgins

Question:

194 Mr. M. Higgins asked the Minister for Foreign Affairs if he was present at the meeting between the Taoiseach and the SDLP in Government Buildings on 5 December 2005; if he will report on this meeting; his views on the SDLP’s specific proposals in regard to “on-the-runs”; and if he will make a statement on the matter. [39430/05]

I participated with the Taoiseach at the meeting with the SDLP on 5 December 2005. We had a constructive meeting, during which we discussed the way forward for the political process. We also discussed a range of other issues, including North-South co-operation and the proposed British legislation dealing with "on-the-runs".

With regard to the political process, the Taoiseach and I reiterated our commitment to work with all the parties to restore confidence and rebuild momentum. We made clear that our objective remained the restoration of devolved government in Northern Ireland at the earliest opportunity next year.

The meeting also provided an opportunity to review recent encouraging developments in the area of North-South co-operation. We welcomed the momentum generated by the SDLP's "North-South Makes Sense" campaign, which is having a positive impact. We also reviewed the scope for further work, including in the north west, given the recent joint commitment by the two Governments to work together to foster economic growth in the north-west region. With respect to the issue of "on-the-runs", OTRs, the Taoiseach recalled the commitment of both Governments to address the issue of OTRs at Weston Park in 2001 and their undertaking, as part of the Joint Declaration in 2003, to bring forward proposals on the issue within their respective legislative and constitutional framework. In that context, the SDLP outlined its position with regard to OTRs, and indicated that the party would be seeking various changes to the draft legislation submitted by the British Government, during its consideration by the British Parliament. We agreed to keep in touch on these and other issues in the period ahead.

Michael D. Higgins

Question:

195 Mr. M. Higgins asked the Minister for Foreign Affairs if, in view of his undertaking to monitor progress in implementing commitments from the British and Irish Governments arising from the joint declaration relating to community relations as ultimately expressed in the shared future initiative, his views on whether the Government approach to issues such as “on-the-runs” contradict the spirit of building good community relations in Northern Ireland; the extent to which the shared future initiative governs official policy on Northern Ireland; and if he will make a statement on the matter. [39431/05]

The importance of building trust and improving community relations, tackling sectarianism and addressing segregation in Northern Ireland was acknowledged in the rights, identity and community section of the Joint Declaration published by the two Governments in 2003. The British Government was specifically mandated in the document to review good community relations and to bring forward a strategic and integrated good relations policy. The shared future initiative referred to by the Deputy was developed in response to this mandate.

The most recent shared future document, which was published on 21 March 2005, lays out a comprehensive approach to the promotion of good relations between the communities in Northern Ireland. As I outlined in my reply to Parliamentary Question No. 336 of 2 November, the Government welcomes the overall approach recommended in the document and maintains an ongoing dialogue with the British Government on improving community relations in Northern Ireland. We also keep in touch with the situation at community level through regular engagement with local representatives, with members of the NGO and academic community and with representatives of the relevant official bodies.

The task of building a shared future is particularly important in dealing with the legacy of the conflict in Northern Ireland. In this regard, and in the context of acts of completion, both Governments gave a commitment at Weston Park in 2001, and in the Joint Declaration in 2003, to bring forward proposals within their respective legislative and constitutional frameworks to deal with the issue of "on-the-runs". While I appreciate there are concerns with regard to certain aspects of the proposals, I believe it appropriate that these issues be addressed at this time. We will, of course, wish to ensure that the proposals do not impede the task of establishing the truth with regard to the large number of unsolved cases in Northern Ireland. I believe however that, properly handled, and in the context of a comprehensive approach, this process can help to bring about closure.

Visa Applications.

Finian McGrath

Question:

196 Mr. F. McGrath asked the Minister for Foreign Affairs if he will raise the Miami five case with the US authorities; and if he will work with other states in highlighting their plight. [39458/05]

Aengus Ó Snodaigh

Question:

197 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will raise the refusal to grant a visa to a person (details supplied) with the US Government so they can visit their spouse. [39459/05]

Aengus Ó Snodaigh

Question:

198 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will raise the refusal to grant a visa to a person (details supplied) with the US Government so they can bring two children to visit their spouse. [39460/05]

Aengus Ó Snodaigh

Question:

199 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will raise the refusal to grant a visa to a person (details supplied) with the US Government. [39461/05]

I propose to take Questions Nos. 196 to 199, inclusive, together.

The case to which the Deputies refer relates to five Cuban citizens who were convicted in the US in 2001 on charges ranging from espionage to first degree murder. The 11th Circuit Court of Appeals in Atlanta overturned the 2001 convictions on 9 August 2005 and ordered a retrial based on new evidence. The Miami District Attorney duly filed an appeal against the decision of the Court of Appeals, and the court has set aside the week of 16 February 2006 to hear arguments from both sides.

As I have previously informed the House on a number of occasions, the Irish Government has no standing in this matter, which is a bilateral consular question between the US and the Cuban authorities. Visa applications from members of the families of the accused in order to visit the accused are also a matter for the US authorities, and it would not be appropriate for me to raise the matter with those authorities.

Human Rights Issues.

Ciarán Cuffe

Question:

200 Mr. Cuffe asked the Minister for Foreign Affairs if he intends raising, or has raised the plight of those born and raised in Estonia but of Russian ethnic origin who by virtue of their lack of fluency in Estonian are unable to avail of passports allowing them travel and work within the European Economic Area. [39500/05]

Issues connected with Estonian citizenship are a matter for the Estonian Government. I have not, therefore, raised the matter referred to in the Deputy's question with my Estonian counterpart.

EU Constitution.

Aengus Ó Snodaigh

Question:

201 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the amount of the 2005 estimate of €150,000 for spending on the referendum on the EU constitution was spent in 2005 and what same was spent on. [39520/05]

Of the €150,000 allocated for spending on the referendum on the European constitution in 2005, a total of €71,532.65 has been spent to date. Within this overall figure, €65,178.20 was spent on the publication of the White Paper in English and Irish, €6,298.05 on the dedicated website on the European constitution, www.europeanconstitution.ie, and €56.40 on the purchase of additional copies of the Referendum Bill.

Question No. 202 answered with QuestionNo. 69.
Question No. 203 answered with QuestionNo. 50.

Departmental Expenditure.

Aengus Ó Snodaigh

Question:

204 Aengus Ó Snodaigh asked the Minister for Foreign Affairs further to a statement in his general affairs briefing to the European Affairs Committee that support to the European Movement Ireland is set to be sharply increased in 2006, the funding that is to be given to the European Movement Ireland in 2006; the amount of funding; and if comparable funding will be made available to other groups offering an alternative understanding of the EU. [39524/05]

It was announced in the Estimates, subhead E of Vote 28, that contributions to bodies in Ireland engaged in the furtherance of international relations will be increased from €170,000 in 2005 to €280,000 in 2006. This subhead provides for grant assistance to two bodies: the European Movement Ireland and the Irish United Nations Association. In 2006, I propose to provide a grant of €252,000 to the European Movement Ireland. This increased funding will enable it to work to enhance awareness in Ireland of what the EU does and how it does it. This is particularly appropriate during the current period of reflection when the future of Europe is being debated throughout the EU. The Estimates also provide for €205,000 to be available in 2006 under the communicating Europe initiative, CEI. The CEI aims to improve the information available to the public and to promote greater debate and awareness on European issues. The Department of Foreign Affairs, as a corporate member of the Institute of European Affairs, pays a membership fee which was €5,000 in 2005.

European Council Meetings.

John Gormley

Question:

205 Mr. Gormley asked the Minister for Foreign Affairs if he will report on the 12 December 2005 meeting of EU Foreign Ministers; and if he will make a statement on the matter. [39318/05]

I attended the meeting of the General Affairs and External Relations Council held in Brussels on 12 December. The main focus of the meeting was to prepare for the European Council on 15 and 16 December which will be dominated by the financial perspectives. There was a relatively short discussion on the financial perspectives as updated proposals from the UK Presidency had not yet been received. The Council examined and approved a series of draft conclusions for the European Council. The topics covered the future of Europe, a new Union strategy for Africa, an EU counter-terrorism strategy, sustainable development, climate change and sustainable energy, and growth and jobs. These conclusions will be forwarded for adoption at tomorrow's meeting of the European Council. Ministers also discussed a Presidency paper entitled "Global Approach to Migration: Priority Actions Focussing on Africa and the Mediterranean". The Presidency proposes that the European Council should adopt a set of priority actions for 2006 in the area of migration.

Ministers noted the draft annual programme for the Council submitted by the two member states holding the Presidency next year, Austria and Finland. The Austrian Foreign Minister highlighted the main themes of the incoming Presidency, which are employment and economic growth; maintaining quality of life without adversely affecting industry and growth; bringing EU citizens closer together and strengthening the role of the EU as a global partner. Other areas of importance for Austria will be the national debates on the constitutional treaty, the Lisbon Agenda, enlargement and the justice and home affairs agenda.

The GAERC had a preliminary exchange of views on the Commission's 2005 enlargement strategy paper and adopted conclusions on developments with regard to Bulgaria, Romania, Turkey and Croatia. Ministers also reviewed recent developments in the western Balkans including in Kosovo. The Commission's report recommending that the former Yugoslav Republic of Macedonia be given candidate status was referred to the European Council for consideration.

The EU strategy for Africa, which Ireland strongly supports, was reviewed and forwarded to the European Council for adoption. Finally, the GAERC adopted conclusions on Ethiopia and Eritrea which expressed grave concern about the tense and volatile situation in the border region. The Council reiterated its full support for United Nations Security Council Resolution 1640.

Question No. 206 answered with QuestionNo. 69.

Foreign Conflicts.

Bernard J. Durkan

Question:

207 Mr. Durkan asked the Minister for Foreign Affairs if he will report on the situation in Mozambique; and if he will make a statement on the matter. [39604/05]

Following the end of the civil war in 1992 and the first democratic elections in 1994, Mozambique has become one of Africa's most successful examples of post-conflict reconstruction and development. Political stability has been underpinned by national reconstruction and relatively rapid economic growth. However, the transition is incomplete and residual mistrust remains between the ruling Frelimo and the opposition Renamo parties.

The third legislative and presidential elections took place in Mozambique in December 2004. President Chissano's term of office expired in 2004 and he did not stand for re-election. An EU election observation mission, including five Irish observers, observed the elections. The opposition party, Renamo, contested the results which saw Mr. Armando Guebuza of the governing Frelimo party take 64% of the vote. The National Election Commission dismissed these complaints and in January 2005 Mr. Guebuza was sworn in as the new President of Mozambique. The EU mission found that the elections had been broadly conducted along the lines of internationally accepted standards.

In early September, 12 people were killed and 50 injured in a clash between Frelimo and Renamo supporters over disputed municipal elections in the town of Mocimboa da Praia. While calm has been restored, this incident confirms the continued need for the international community to support the democratic process in Mozambique.

The problem of corruption in the public service, the police and the legal system is widespread. However, the new Government is actively addressing this and has recently established a new central office for combating corruption. Political dialogue between the EU and the new Government of Mozambique under Article 8 of the Cotonou Agreement maintains the high level of constructive co-operation and good relations enjoyed with the former government. The EU's firm and unified position regarding the transparent and correct conduct of the 2004 general elections is believed to have contributed to the Government's speedy move towards electoral reform, and a parliamentary commission is reviewing the four main electoral laws. The EU also remains in close contact with the Renamo opposition party. With our EU colleagues, Ireland will continue to monitor the situation in Mozambique.

Mozambique is one of Ireland's six ODA programme countries in Africa. Bilateral assistance began in 1996 and it is now one of our largest programmes. Approximately €28 million was spent in 2005 and €29 million is budgeted for 2006. In addition, funding will also be delivered through the Clinton Foundation, NGOs and UN agencies. Ireland helps Mozambique to reduce poverty through fostering economic growth, equitable social development and improved democratic governance. The programme focuses on the key sectors of health, governance, education and rural and provincial development. Since the HIV AIDS issue is of particular concern, Ireland, in partnership with the Clinton Foundation, is one of the biggest donors to Mozambique's health sector response to HIV AIDS.

Question No. 208 answered with QuestionNo. 92.

Common Foreign and Security Policy.

Bernard J. Durkan

Question:

209 Mr. Durkan asked the Minister for Foreign Affairs the progress in regard to the development of democracy in the Balkans; and if he will make a statement on the matter. [39606/05]

The EU has taken the lead role in working with the countries of the western Balkans to consolidate peace and stability in the region and to promote economic development and respect for human rights and the rule of law. Progress and developments are reviewed regularly by the General Affairs and External Relations Council, GAERC.

The overall framework for relations with the countries of the region was confirmed at the EU western Balkans summit in June 2003. The summit confirmed that the future of the region lies in its eventual integration into European structures. The achievement of this aim will involve the fulfilment of clear and objective political and economic criteria by the democratically elected Governments of the region under the EU's stabilisation and association process.

The following is the position for each country of the region with regard to the stabilisation and association process. On 3 October the Council agreed to open EU accession negotiations with Croatia. A screening process is under way and it is expected that negotiations on certain chapters could be opened in the course of next year. Negotiations for a stabilisation and association agreement, SAA, with Bosnia-Herzegovina opened on 25 November.

Following a Council decision of 3 October 2005 to authorise the Commission to open negotiations for a SAA with Serbia and Montenegro and Kosovo, the negotiations began on 10 October. An SAA with Former Yugoslav Republic of Macedonia, FYROM, has been in force since 1 April 2004. Last month the Commission repeated that FYROM had made considerable progress in implementing reform. The question of whether FYROM should be granted candidate status will be considered further at this week's European Council. Negotiations for an SAA with Albania began in January 2003. The Commission recently indicated that progress in Albania would pave the way for negotiations on the SAA to be concluded.

This progress reflects the effectiveness of EU policies, based on the fair and rigorous use of conditionality and a clear European perspective. While considerable challenges remain, the functioning of democratic institutions in the region is generally improving. Each country's progress towards EU membership will, of course, depend on how quickly it conforms to the Copenhagen criteria and the requirements of the stabilisation and association process, including full co-operation with the tribunal in The Hague. In this context, the Deputy will be aware of the recent arrest of former Croatian general Ante Gotovina, which we welcome.

In the period ahead, the political process to determine the future status of Kosovo will be a priority for the EU's policy towards the region. The EU has given its full support to this process and to Mr. Martti Ahtisaari, the UN status envoy who leads the discussions. The ongoing implementation of standards in Kosovo will continue to be of paramount importance and further progress will be required, including on protection of minorities, full respect for the rule of law and a transparent public administration free from political interference. The EU will participate fully in the process including through its representative, Mr. Stefan Lehne, who will continue to liaise closely with Mr. Ahtisaari's team and other key international contacts.

While progress remains uneven and a number of severe challenges remain, it is clear that the region generally is moving away from instability and violence towards the consolidation of democratic structures. The Government, with our partners in the European Union, looks forward to continued positive engagement with the countries of the region in the period ahead.

Question No. 210 answered with QuestionNo. 40.
Question No. 211 answered with QuestionNo. 68.
Question No. 212 answered with QuestionNo. 57.
Question No. 213 answered with QuestionNo. 69.

Infectious Diseases.

Bernard J. Durkan

Question:

214 Mr. Durkan asked the Minister for Foreign Affairs the progress to date in 2005 in the battle against AIDS in Africa; the targets achieved and identified; and if he will make a statement on the matter. [39611/05]

The most recent information and statistics on the HIV AIDS epidemic are contained in the annual report, AIDS Epidemic Update 2005, released by the Joint United Nations Programme on HIV AIDS, UNAIDS, and the World Health Organisation, WHO. This report noted progress in declining HIV infection rates in a number of countries and increasing access to HIV treatment.

Adult HIV infection rates have decreased in certain countries and changes in behaviour to prevent infection have played a key part in these declines. Kenya and some countries in the Caribbean region all show declines in HIV prevalence over the past few years, with overall adult infection rates decreasing in Kenya from a peak of 10% in the late 1990s to 7% in 2003.

The report also recognises that access to HIV treatment has improved markedly over the past two years, especially in developing countries. The number of people receiving combination anti-retroviral therapy, ART, for HIV AIDS has more than doubled from 400,000 in 2003 to approximately 1 million in 2005. In sub-Saharan Africa, the number of people receiving ART has tripled within a period of one year and now reaches approximately 500,000 people.

The reality, however, is that the AIDS epidemic continues to outstrip global and national efforts to contain it. The overall number of people living with HIV continued to increase in all regions of the world except the Caribbean. There were an additional 5 million new infections in 2005, the majority in women. The number of people living with HIV globally has reached its highest level with more than 40 million people now infected. More than three million people died of AIDS-related illnesses in 2005 including more than 500,000 children.

A rapid increase in the scale and scope of HIV prevention programmes is urgently needed to stop the speed at which new infections are occurring. This must take place in the context of a comprehensive response to HIV and AIDS which requires the simultaneous acceleration of treatment and prevention efforts with the ultimate goal of universal access to prevention, treatment and care. The latest UNAIDS estimates of the costs of a comprehensive response to HIV AIDS suggest that, in 2006, approximately $15 billion will be required in low and middle income countries, rising to just over $22 billion in 2008.

Ireland has a strong commitment to addressing HIV AIDS. It is a key priority for Development Cooperation Ireland's policies and programmes. In 2005, financial allocations to the fight against AIDS constituted 10% of the total overseas development budget and reached €50 million. These resources are directed at a number of HIV AIDS activities at global, regional, national and community levels and are implemented through international and regional organisations and in our programme countries. The latter includes six highly-affected countries in southern and eastern Africa.

The Taoiseach in his speech to the United Nations in September reaffirmed Ireland's commitment to combat HIV AIDS and announced a new initiative on HIV AIDS and other global communicable diseases. This will bring funding for these diseases up to €100 million. This new initiative will focus on tackling the major diseases affecting developing countries, including HIV AIDS. It will build on Ireland's existing support at international, regional and country level and will afford Ireland a stronger voice in international policy dialogue and advocacy for co-ordinated and effective action on HIV AIDS. The Taoiseach indicated that up to 20% of the additional funding will be targeted at interventions that benefit children.

Ireland will continue to work with the international community in advocating for a sustained and resourced global response to HIV AIDS, strengthened leadership at all levels and improved co-ordination of resources and planning for HIV AIDS prevention and control.

Question No. 215 answered with QuestionNo. 57.

Partnership for Peace.

Bernard J. Durkan

Question:

216 Mr. Durkan asked the Minister for Foreign Affairs if recent discussions have taken place in respect of the future of PfP; and if he will make a statement on the matter. [39613/05]

The situation remains as set out in my reply to Question No. 138 of 10 November 2005. In addition to the discussions described in that reply, a meeting of the Euro-Atlantic Partnership Council, EAPC, in Foreign Ministers' format was held on 8 December 2005 in Brussels. As my attendance at the meeting was not possible, I was represented by our ambassador to Belgium, who is also head of our PfP delegation. Among the topics discussed were Afghanistan, Kosovo and the role of values, such as respect for democracy and human rights in PfP. The latter discussion followed on an initiative of Austria, Finland, Sweden, Switzerland and Ireland, aimed at ensuring that respect for such values would play an integral part in the development of PfP.

Common Foreign and Security Policy.

Bernard J. Durkan

Question:

217 Mr. Durkan asked the Minister for Foreign Affairs the nature of discussions that have taken place or are likely to take place with regard to European defence and security arrangements; and if he will make a statement on the matter. [39614/05]

The European security and defence policy, ESDP, is an integral part of the Common Foreign and Security Policy, CFSP, and serves the Union's general objectives of peace and stability. These objectives and the provisions governing the ESDP are set out in the Treaties of Amsterdam and Nice, which were approved by referendum. In this context, the European Union is increasing its ability to contribute to both the civilian and military dimensions of crisis management.

It is important to distinguish between the ESDP, which continues to develop, and the possibility of a common defence. Any move to a common defence would be for decision by the European Council acting unanimously and in accordance with member states' constitutional requirements. At present, there are no proposals for such a move. In any event, Ireland's position is clear. The amendment to Bunreacht na hÉireann in October 2002 precludes Ireland from participating in a common defence. As a consequence, the Irish people would have to amend Bunreacht na hÉireann before Ireland could take part in a common defence.

The Union continues to develop its capabilities for crisis management, both military and civilian. The objectives which it has set itself are clearly set out in the military headline goal 2010 and the civilian headline goal 2008. The General Affairs and External Relations Council meeting on 21 November reviewed the progress of activities in both of these areas. The Minister of State at the Department of Defence, Deputy Kitt, on behalf of the Minister for Defence, Deputy O'Dea, reported to the House on 7 December on the military elements of the discussion.

On progress towards the civilian headline goal, Ministers adopted a declaration in which they reiterated their strong commitment to the further development of civilian crisis management and noted with satisfaction the work undertaken to date. Ministers recommended that, for future action in this area, priority should be given to improving the EU's ability to react more quickly to crises, as well as to addressing issues related to the logistical support and financing of the EU's civilian crisis management actions.

An important aspect of ESDP is the development of a standby military rapid response capacity, in the form of battle groups. As the Deputy is aware, the establishment by the EU of such a capacity has received the strong support of the UN Secretary General, Kofi Annan, and been endorsed in the outcome document of the world summit in September of this year. Ireland indicated to its EU partners a positive disposition to taking part in battle groups, and the legal, operational and other issues surrounding participation, which have been examined by an interdepartmental group established by my colleague, the Minister for Defence, will shortly be considered by Government.

Questions Nos. 218 and 219 answered with Question No. 79.
Question No. 220 answered with QuestionNo. 49.
Question No. 221 answered with QuestionNo. 40.

Sports Funding.

Jack Wall

Question:

222 Mr. Wall asked the Minister for Arts, Sport and Tourism the funding his Department has allocated for his Department’s capital fund allocation for the next phase of the Abbotstown development; and if he will make a statement on the matter. [39399/05]

Jack Wall

Question:

224 Mr. Wall asked the Minister for Arts, Sport and Tourism when the next phase of the Abbotstown development will take place; the amount of funding which was allocated in the budget 2006 statement for the next phase; and if he will make a statement on the matter. [39401/05]

I propose to take Questions Nos. 222 and 224 together.

The Government decided to proceed with the development of phase one of the sports campus project at Abbotstown. The estimated cost of the project at €119 million was provided in my Department's Multi-annual Capital Investment Framework 2006-10. Specifically, a sum of €9.5 million was provided in my Department's budget for 2006 to commence the project at the Abbotstown sports campus with the balance of the funding being provided over the period from 2007 to 2010. This is an affirmation of the 2004 decision by the Government to develop a range of sports facilities in a number of phases over a period of years on the State owned site at Abbotstown. Campus and Stadium Ireland Development Limited has been requested to proceed with the implementation of the Government's decision.

Jack Wall

Question:

223 Mr. Wall asked the Minister for Arts, Sport and Tourism the funding his Department has allocated for his Department’s capital fund allocation for the redevelopment of Lansdowne Road for 2006; and if he will make a statement on the matter. [39400/05]

Jack Wall

Question:

225 Mr. Wall asked the Minister for Arts, Sport and Tourism the position of the allocation of funding to the Lansdowne Road redevelopment project by his Department; when funding will commence; the reason there is a discrepancy of €10 million between the allocation as stated in the Book of Estimates of €30 million to that stated in the budget 2006 statement of €20 million; if this reduction indicates problems with the development or in regard to matching funding; and if he will make a statement on the matter. [39402/05]

I propose to take Questions Nos. 233 and 225 together.

The figure of €30 million referred to by the Deputy was originally set out in my Department's capital envelope for 2005-09 published 12 months ago. It was reproduced in this year's Abridged Estimate Volume on the basis that it would be subject to revision on budget day. Thus, the figure of €20 million provided for in the 2006-10 capital envelope for my Department is based on the most up-to-date estimate of the 2006 funding needs of the project as projected by the Lansdowne Road Stadium Development Company and its design and project management teams.

I assure the Deputy that the project is proceeding in accordance with the schedule set out for the project and the Government is fully committed to the funding which has been outlined for the development. Indeed, under the funding arrangements made with the Lansdowne Road Stadium Development Company the Deputy should be aware that the Exchequer funding for the project is front loaded. At the end of this year an amount of €10 million will have been spent on the project. I understand that a planning application will be ready for lodgement by the end of this month.

Question No. 224 answered with QuestionNo. 222.
Question No. 225 answered with QuestionNo. 223.

Departmental Agencies.

Jack Wall

Question:

226 Mr. Wall asked the Minister for Arts, Sport and Tourism the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter. [39416/05]

As part of my wide ranging ministerial remit I am responsible to Dáil Éireann for the formulation, development and evaluation of policies for the arts, sports and tourism sectors. I am not, however, responsible for the day-to-day activities of the agencies under the aegis of my Department charged with the implementation of such policies.

The principal agencies in question to which my Department provides funding are set out in detail in my Department's recent Statement of Strategy 2005-2007 which has been laid before both Houses of the Oireachtas.

Tourism Promotion.

Bernard J. Durkan

Question:

227 Mr. Durkan asked the Minister for Arts, Sport and Tourism if he will consider applications for grant aid from various towns and villages throughout County Kildare where the local communities are anxious to put on festivals or other supportive activities to coincide with the Ryder Cup; and if he will make a statement on the matter. [39618/05]

There are no funds directly at the disposal of my Department under which financial assistance can be made available to support tourism related projects such as that for festivals or other activities intended to coincide with the staging of the Ryder Cup at The K Club, Straffan, County Kildare, in September 2006.

The Deputy might wish to note that Fáilte Ireland administers a festivals and cultural events initiative, a scheme which was set up some years ago to expand regional tourism through festivals and cultural events by both assisting with the marketing of existing festivals as well as promoting new events. Decisions in respect of individual applications for support under the funding scheme are a matter for Fáilte Ireland.

In this regard, however, I understand that Fáilte Ireland would consider an application for funding under the 2006 festivals and cultural events initiative for activities associated with the Ryder Cup as part of a co-ordinated effort by Kildare Fáilte, which, I am informed, plans to hold a "K County Festival" next year around the time of the Ryder Cup.

I also understand that Fáilte Ireland, in the context of increased marketing funds secured under the 2006 Estimates, is considering allocating additional marketing funds to support national and regional activities in 2006 to ensure the continued sustainability of Irish golf tourism both during and after the staging of the prestigious Ryder Cup event.

Sports Funding.

Jack Wall

Question:

228 Mr. Wall asked the Minister for Arts, Sport and Tourism the money allocated by his Department to sports organisations in Kildare for each of the past five years; and if he will make a statement on the matter. [39625/05]

The information requested by the Deputy regarding the allocations to sports, community and voluntary organisations in Kildare under the sports capital programme for each of the past five years is outlined in the table.

Year

Funding allocated to projects in County Kildare

2001

3,853,655

2002

4,870,000

2003

3,166,000

2004

3,357,000

2005

1,550,000

Total

16,796,655

Work Permits.

John Perry

Question:

229 Mr. Perry asked the Minister for Enterprise, Trade and Employment the number of employees in the horticulture sector who are holders of work permits employed in companies in County Leitrim including companies with different divisions where they have 25 employees; the level of inspections which are carried out regarding pay and work conditions; and if he will make a statement on the matter. [39369/05]

The work permits section of my Department issued one work permit to employ a non-EEA national for one company within the horticultural sector in County Leitrim in the 12 months up to 30 November 2005.

The wages and employment conditions of workers employed in the horticulture sector are generally governed by the agriculture employment regulation order, which is enforced by the labour inspectorate of my Department. No complaints have been received by the labour inspectorate in respect of employees in the horticulture sector in County Leitrim and no inspections have been carried out in 2005 in that sector in County Leitrim.

Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated. I urge anyone who has specific evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the inspectorate with a view to pursuing the matter.

Departmental Agencies.

Brendan Howlin

Question:

230 Mr. Howlin asked the Minister for Enterprise, Trade and Employment the cost of the National Competitiveness Council in salaries of Forfás staff and the staff of other Departments who service the council, of imputed office rental, printing, travel and subsistence, promotional and any other costs pertaining to the work of the council for the year 2004; if he will provide an estimate of costs for 2005 and the basis for this calculation; the full-time equivalent numbers of all public servants, by Department or State agency, who undertake work in any capacity for the National Competitiveness Council; and if he will make a statement on the matter. [39388/05]

The National Competitiveness Council was established in 1997 in the framework of the national partnership process. Its reports are an important contribution to the development of policies that help sustain economic competitiveness, growth and employment.

The council's essential administrative and research supports are provided by Forfás through its annual Vote from my Department. Given the relatively small nature of the council's operations, and particularly the fact that many of its indirect spending expenses are shared with Forfás, and that its work volume can fluctuate from time to time, it is possible only to give a very broad estimate of its cost, which is as follows:

2004

2005

€000

€000

Total Pay Costs (2 Full-time Equivalents)

115

118

Research and Studies

37

29

Expenses (Meetings, Staff, etc.)

13

7

Printing, Publications, Website

45*

25

Direct Costs

210

179

Imputed Costs (Rent, Heat, Light, etc.)

50

51

Total Costs

260

230

* Reflects one-off work on the NCC website in 2004.

Jack Wall

Question:

231 Mr. Wall asked the Minister for Enterprise, Trade and Employment the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter. [39417/05]

The bodies and agencies which my Department both funds and staffs are: the Companies Registration Office; the Registry of Friendly Societies; the Labour Court; the Labour Relations Commission; the Employment Appeals Tribunal; the Patents Office; the Office of the Director of Consumer Affairs; and the Office of the Director of Corporate Enforcement.

In addition, the following are the statutorily independent agencies and bodies coming under the aegis of my Department regarding which I retain policy responsibility although I am not responsible for their day-to-day operational activities: Forfás, IDA Ireland, Enterprise Ireland, Shannon Development, FÁS, the Health and Safety Authority, the National Standards Authority of Ireland, city and county enterprise boards, the Competition Authority, InterTrade Ireland, the Personal Injuries Assessment Board, Science Foundation Ireland, and the Irish Auditing and Accounting Supervisory Authority, which will be established, under statute, in early January 2006.

Industrial Development.

Pat Breen

Question:

232 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment if he will review his decision to give the enterprise function of promoting the Shannon free zone to IDA Ireland from SFADCo, in view of IDA Ireland’s poor record of job promotion in the remainder of County Clare since 2000; and if he will make a statement on the matter. [39491/05]

My Department and the development agencies under its remit, Enterprise Ireland, IDA Ireland, Shannon Development and the city and county enterprise boards, are committed to the economic and industrial development of the Shannon region, including County Clare, in line with national enterprise policy goals, and the achievement of balanced regional development, within the framework of the national spatial strategy.

I recently announced details of a new mandate for Shannon Development. Under the terms of the new mandate, the company is being given a more focused regional economic development remit that will complement the roles of the national agencies, IDA Ireland and Enterprise Ireland, in attracting foreign direct investment and developing the indigenous enterprise base in the region. The city and county enterprise boards will continue to provide supports to stimulate economic activity at local level and to promote the establishment of micro-enterprises in the region.

The new mandate is based on Shannon Development's own future strategy proposals and has the support of the board and other stakeholders in the region. It is also in line with the recommendations of the enterprise strategy group and the decision to decentralise the headquarters of Enterprise Ireland to Shannon. The new arrangements will provide for a more logical delineation of responsibilities between the enterprise development agencies in the mid-west region and for greater clarity in relation to the economic development aspects of Shannon Development's remit. I have asked the company to prepare a new three-year corporate plan to give substance to the mandate and I hope to receive this in the near future.

IDA Ireland's strategy for the mid-west region places an emphasis on the gateway and hub locations of Shannon/Limerick, Tralee and Ennis. The location of new overseas investment in the gateway and hub locations not alone brings high wage jobs to these locations but also has knock-on benefits in other sectors such as supply, distribution and transport, thus creating further investment/employment opportunities for local people in the immediate vicinity and surrounding areas. IDA Ireland's sectoral emphasis in the mid-west region is on attracting new knowledge intensive projects in information communications and technology, international services, medical technologies and life sciences. Over the past three years, employment has remained broadly constant in IDA supported companies. At the end of 2004, there were 917 people in permanent employment in eight IDA supported companies in County Clare, five of which are located in Ennis.

I do not accept that a comparison between Shannon Development's job creation record in the Shannon free zone and that of IDA Ireland in the remainder of County Clare is valid. The Shannon free zone has been and continues to be an attractive destination for FDI companies contemplating setting up in the mid-west region or indeed elsewhere in Ireland and this situation will not change with implementation of Shannon Development's new mandate. Unlike Shannon Development, IDA Ireland has a network of overseas offices and will use this network to aggressively market the zone. Its work in this regard will be complemented by that of Shannon Development, who will retain responsibility for ownership, development and marketing of the zone.

Road Traffic Accidents.

Ciarán Cuffe

Question:

233 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment if he is satisfied with the Health and Safety Authority’s response to the fatal car accident that took place on the N59 at Murrivagh, County Mayo, on 22 December 2004 (details supplied). [39492/05]

I understand that the chief executive officer of the Health and Safety Authority, HSA, had a meeting recently with the family and representatives of the person who was killed in the car accident. As a result of the meeting, the CEO has informed me that the HSA is carrying out a review of the circumstances of the accident. Any further action by the HSA will depend on the outcome of the review.

Economic Competitiveness.

Paul Kehoe

Question:

234 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment his views on the comments of a person (details supplied), that the drift in Government enterprise policy, as well as proposals to introduce intrusive corporate regulations into legislation, could combine to damage Ireland’s ability to attract US investment and ensure a return of the country to the ranks of Europe’s most impoverished nations; and if he will make a statement on the matter. [39508/05]

I am aware of the comments attributed to this person, which were circulated in the media. The policies of this Government are tightly focused on maintaining and strengthening the good health of our economy. The enterprise strategy group's analysis of national enterprise policy recognized that we are broadly implementing the right mix of initiatives and policies to maintain economic growth. Where the group suggested policy refinements or enhancements these are being implemented in a progressive implementation process. Sustained economic growth, above the growth rates of our peer group within the most advanced economies of the EU, and the consistent expansion of employment and the labour force is tangible evidence that enterprise policies are delivering economic prosperity.

One of the strengths of the Irish business environment over the last decade has been the light administrative and regulatory burden faced by businesses, compared with other, particularly EU, countries. This is illustrated by the National Competitiveness Council annual competitiveness report 2005, which indicated that the level of regulation in Ireland is relatively low — Ireland ranks in fourth position out of 16. The report also states that current regulations do not significantly inhibit product market competition in Ireland while the efficiency of competition legislation in Ireland is regarded as average, coming eighth of 16.

Nevertheless, it is recognised that regulatory compliance requirements for business are rising in Ireland due to the increased levels of EU and domestic regulations coming on stream in the area of corporate governance. However a high standard of corporate governance increases investor confidence and supports the operation of financial markets. One of the concerns required to be examined by the Government is the impact recent laws relating to corporate governance are having on entrepreneurs and start-ups.

In July of this year I announced the establishment of a new small business forum to look at the environment in which small business operates in Ireland. This group will examine whether the strategies being followed to support and develop the spirit of entrepreneurship in Ireland are effective and appropriate and is also looking at regulatory burden on small businesses. This group is scheduled to report back to me in March 2006.

Also, in July the Taoiseach announced the establishment of a new business regulation group to tackle regulatory and administrative burdens faced by the Irish business community. The group, which is independently chaired by Donal De Buitléir of AIB Group, is composed of senior business leaders, public sector members, Departments, agencies and regulators. It will report to me on problems arising from outdated, inefficient or disproportionate regulation affecting business and has been operational since November 2005.

Social Welfare Benefits.

Róisín Shortall

Question:

235 Ms Shortall asked the Minister for Social and Family Affairs the basis for the policy of denying entitlement to former deserted wife’s benefit recipients as in the case of a person (details supplied) in Dublin 9, whose material circumstances are the same now as they were when they left the payment; where this is specifically provided for in legislation; if he will have examinations made into the difficult transition arrangements faced by such applicants, in particular in relation to training, re-skilling, education, and income adjustment and undertake a policy review in this regard; and if he will make a statement on the matter. [39387/05]

Deserted wife's benefit is a payment made to a woman deserted by her husband. Entitlement to payment is based on social insurance contributions paid by the wife or her husband. Following the introduction of the one-parent family payment in 1997, the deserted wives benefit scheme was discontinued with effect from 2 January in that year. The scheme for deserted wives under social insurance has been retained to the extent that existing entitlements already acquired prior to 1997 have been preserved.

A person who qualified for deserted wife's benefit must continue to satisfy a number of conditions to retain entitlement to the payment. She must: have at least one qualified child residing with her if under 40 years of age or be over 40 if she has no qualified child; not have earnings exceeding €17,776.33 per annum, which applies only to claims for deserted wife's benefit made on or after 31 August 1992; be inadequately maintained by her husband; continue to make appropriate efforts to obtain financial maintenance from her husband; not be cohabiting with any person as husband and wife; and not have resumed living with her husband.

Deserted wife's benefit is payable for as long as a person continues to satisfy the qualifying conditions and is not disqualified for any reason. Once the benefit is terminated, a person cannot reapply again for this payment. However, there are two exceptions: where payment of deserted wife's benefit is terminated because a person is under 40 years of age and she no longer has a qualified child resident with her, she can re-apply for deserted wife's benefit when she reaches age 40; where deserted wife's benefit recipients who are disqualified from receiving payment because they leave the State can again become entitled to the payment if the period of disqualification does not exceed 12 months. The conditions for receipt of deserted wife's benefit are laid down in section 178 of the Social Welfare (Consolidation) Act 2005.

I understand that in the case to which the Deputy is referring, the applicant had her payment terminated after she informed my Department that she was cohabiting with her partner. There is no provision where someone who leaves the scheme can re-apply for deserted wife's benefit when the condition which caused them to lose their entitlement — in this case, cohabitation — ceases, other than the two exceptions mentioned above.

Departmental Agencies.

Jack Wall

Question:

236 Mr. Wall asked the Minister for Social and Family Affairs the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter. [39418/05]

The five statutory agencies operating under the aegis of my Department are the Pensions Board, the Combat Poverty Agency, Comhairle, the Social Welfare Tribunal and the Family Support Agency. In addition, the Pensions Ombudsman comes under the remit of my Department. Responsibility for replying to parliamentary questions about the above mentioned bodies comes within the remit of my Department. However, the Pensions Ombudsman is independent in the performance of his duties and his decisions are binding and are only appealable to the High Court. In the circumstances, it is not appropriate for my Department to answer questions about investigations being undertaken or decided on by the Pensions Ombudsman.

Social Welfare Benefits.

Marian Harkin

Question:

237 Ms Harkin asked the Minister for Social and Family Affairs the options which are available to a person (details supplied) in County Donegal to ensure persons are not discriminated against when in receipt of disability in Northern Ireland and living in the Republic. [39487/05]

The EU rules on the co-ordination of social security schemes are contained in Regulation (EEC) No. 1408/71 and its implementing Regulation (EEC) No. 574/72. The EU rules on the co-ordination of social security schemes are binding in nature and ensure that people who have worked in a number of member states do not lose entitlement to benefits because they have exercised their right of movement within the EU. Under these rules, sickness benefits are paid according to the legislation of the member state where a person had last been in insurable employment, even if the person resides in a different member state.

I understand that the Deputy is referring to the circumstances of a person who is in receipt of sickness benefit from Northern Ireland and has as a result not been awarded invalidity pension. The award of invalidity pension is co-ordinated under the sickness benefit regulations. It is open to a person living in the State, who is in receipt of sickness benefit from the Department of Social Development in Northern Ireland, to apply for the social assistance based disability allowance as they may be entitled to a partial payment, subject to a means test and qualification on medical grounds. If awarded a partial payment of disability allowance, they may be entitled to additional benefits, for example, the household benefits package, free fuel scheme and so forth, again subject to certain conditions. I understand that the person concerned has been issued with a claim form for disability allowance from my Department.

If a person is in receipt of sickness benefit from Northern Ireland and living in the State in excess of 12 months, this payment will be recognised as an equivalent payment to the invalidity pension and may entitle them to the extra benefits as referred to above, subject to fulfilling the qualifying conditions. The individual may wish in due course to explore this avenue with my Department.

Departmental Programmes.

Enda Kenny

Question:

238 Mr. Kenny asked the Minister for Social and Family Affairs the moneys paid in respect of a programme (details supplied) in each of the past ten years; if annual reports have been furnished in respect of the programme; if he has satisfied himself in relation to these reports; if buildings are owned by his Department where the programme is centred; if not, the person who is the landlord; the extent of such buildings or other assets; and if he will make a statement on the matter. [39686/05]

I understand the Deputy's question refers to the Safe Home programme which is based in Mulranny, County Mayo. The Safe Home programme is core funded by the Department of Foreign Affairs, through the DION fund and the Department of the Environment, Heritage and Local Government. The main objective of the Safe Home programme is to help elderly Irish emigrants wishing to return to Ireland to live but lacking the resources to do so. My Department's role in funding this programme is solely in respect of information dissemination to emigrants.

Over the period 2001 to 2005 my Department has provided grants to the programme to assist with the provision of good quality comprehensive information for Irish emigrants living abroad who wish to return to Ireland. In 2001, we provided a grant of £6,100 for the publication and distribution of a newsletter to Irish advice centres in the UK and to applicants on the Safe Home programme waiting list. Funding of €15,000 was provided in each of the years 2002, 2003 and 2004 towards the cost of the production and distribution of a monthly newsletter for emigrants abroad, advertising the services provided by the Safe Home programme in the Irish Post and the Irish World and the maintenance of the Safe Home website. In 2005 the allocation to the Safe Home programme from my Department was increased to €80,000 in line with the report of the task force report on policy regarding emigrants, which recommended increased funding for voluntary organisations involved in the provision of information services to Irish emigrants.

My Department has received regular reports about the activities of the Safe Home programme and confirmation has been received that the grants provided have been used for the purposes for which they were intended. My Department does not own the premises in which the Safe Home programme is located nor has it provided funding towards the rental or acquisition of premises or other assets by this voluntary organisation.

Rural Transport Initiative.

Jack Wall

Question:

239 Mr. Wall asked the Minister for Transport if funding will be provided to a scheme to ensure that it provides the best possible service to users (details supplied); and if he will make a statement on the matter. [39405/05]

My Department has been operating the rural transport initiative, RTI, since 2002 under which funding is provided on a pilot basis to 34 community organisations throughout the country to address the particular transport needs of their rural area through the provision of local transport services. Pobal, formerly known as Area Development Management Ltd., administers the initiative on behalf of my Department and makes specific allocations to individual project groups from funding provided by my Department. Neither I nor my Department have any role regarding the specific allocations.

Similarly, Pobal, together with the individual RTI project groups, is solely responsible for all the operational aspects of the initiative, including the specific services to be provided. Neither I nor my Department have any role in these matters. I understand that two of the projects being funded under the initiative provide services in County Kildare.

Earlier this year I announced the extension of the pilot phase of the initiative to the end of 2006. In this regard, I was taking account of the principal recommendation of the appraisal of the RTI, carried out in 2004. I also announced that from 2007 onwards I intend to put the scheme on a permanent footing.

This year I provided €4.5 million for the RTI which was a 50% increase over the 2004 allocation and I will be providing some €5 million for the initiative in 2006. I have already announced that, in parallel with the implementation of Transport 21, I will double the cash funding available to the scheme by 2007 and then steadily increase the funding available for rural transport services — ultimately to a cash level about four times what it is this year.

Driving Tests.

Gay Mitchell

Question:

240 Mr. G. Mitchell asked the Minister for Transport if a person (details supplied) in Dublin 12 will be given an early driving test date. [39601/05]

A driving test will be arranged in due course for the person concerned.

Air Services.

Olivia Mitchell

Question:

241 Ms O. Mitchell asked the Minister for Transport the number of flights, as a percentage of the total number of flights, funded under public service obligation contracts for regional air services, which have been cancelled for reasons directly attributable to the air carrier for each of the six regional routes; the number of flights as a percentage of the total number of flights delayed by more than 30 minutes for similar reasons on each of the six regional routes; and if he will make a statement on the matter. [39381/05]

Olivia Mitchell

Question:

242 Ms O. Mitchell asked the Minister for Transport the passenger numbers and load factors of each of the routes funded under public service contracts on a monthly basis for the years 2003, 2004 and to date in 2005 on each of the six regional routes; and if he will make a statement on the matter. [39382/05]

I propose to take Questions Nos. 241 and 242 together.

The number of flights which have been cancelled for reasons directly attributable to the air carriers, for each or the six PSO routes, and the number of flights as a percentage of the total number of flights delayed by more than 30 minutes for similar reasons, as monitored under the new round of PSO contracts is as follows.

Route

Delayed by more than 30 Mins

Delayed by more than 30 mins1

Cancellations2

Number of flights

% of total no. of flights

% of total no. of flights

Donegal

22

5

0.24

Sligo

43

11

0

Galway

31

5

0.16

Kerry

37

6

0

Knock

25

12

0

Derry

55

14

0.25

Note 1: The maximum number of delayed flights allowed under PSO contract is 20%

Note 2: The maximum number of cancelled flights allowed under PSO contract is 2%

Monthly passenger numbers and load factors for each PSO route during 2003, 2004 and 2005 are as follows.

2003 Passenger Numbers.

2003

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Donegal

*

*

2,362

1,740

2,166

3,246

3,948

4,634

3,569

2,613

1990

2,379

Sligo

*

*

3,269

2,251

2,719

2,932

3,023

3,395

3,174

2,901

2,589

2,924

Galway

7,140

7,618

7,903

8,213

9,420

8,569

9,464

8,269

9,194

8,989

7,662

6,399

Kerry

7,102

7,754

8,402

9,191

9,252

8,893

9,282

9,774

9,615

9,484

8,352

7,968

Knock

876

1,003

993

1,136

1,380

1,149

1,233

1,476

1,371

1,349

1,149

1,218

Derry

2,025

2,162

2,356

2,430

2,624

2,650

2,551

2,592

2,707

2,586

2,379

2,248

2003 Load Factors %.

2003

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Donegal

*

*

85

64

72

64

66

77

62

66

65

64

Sligo

*

*

60

39

45

50

51

58

55

49

45

50

Galway

57

62

60

65

71

65

69

63

69

67

60

47

Kerry

65

73

74

77

75

72

70

76

76

73

72

68

Knock

32

37

34

42

46

40

43

52

47

38

42

44

Derry

52

59

58

60

63

68

61

63

66

61

58

65

*No service during these months due to collapse of Euroceltic Airways.

2004 Passenger Numbers.

2004

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Donegal

2,086

2,324

2,300

2,405

2,415

3,220

3,974

4,191

3,603

3,092

2,474

2,431

Sligo

2,735

3,052

3,036

2,934

3,232

3,164

3,546

3,879

3,805

3,795

3,364

3,225

Galway

4,359

6,833

6,799

7,583

7,695

7,634

8,754

8,141

9,293

8,937

7,888

8,153

Kerry

5,351

6,885

7,727

7,445

9,049

7,584

8,999

8,927

8,764

8,323

8,476

7,829

Knock

1,186

1,378

1,008

1,184

1,183

1,582

1,677

1,827

1,758

1,745

1,714

1,613

Derry

2,103

2,195

2,667

2,405

2,673

2,592

2,699

2,485

2,706

2,594

2,855

2,390

2004 Load Factors %.

2004

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Donegal

54

65

60

64

64

60

66

70

61

61

66

65

Sligo

46

54

51

50

53

54

59

65

65

63

58

54

Galway

51

60

55

63

60

60

68

62

72

67

66

59

Kerry

57

74

71

69

69

69

67

78

76

70

65

65

Knock

41

48

34

40

41

51

54

60

57

58

47

53

Derry

55

58

64

59

63

64

65

59

66

63

71

60

2005 Passenger Numbers.

2005

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Donegal

1,880

2,031

2,253

2,373

3,190

3,745

3,828

4,109

3,696

3,321

3,123

Sligo

1,533

3,003

3,321

3,222

3,450

3,834

3,269

3,601

3,547

3,367

2,991

Galway

6,924

8,381

8,777

9,119

8,805

8,357

7,235

6,047

6,625

6,478

6,066

Kerry

6,359

6,885

7,932

8,376

7,954

8,372

7,656

8,055

8,025

7,806

7,441

Knock

1,151

1,486

1,596

1,617

1,668

1,551

1,293

1,272

990

895

669

Derry

2,068

2,315

2,331

2,492

2,543

2,530

2,177

2,352

2,613

2,407

2,446

2005 Load Factors %.

2005

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Donegal

47

56

59

61

58

63

62

68

63

55

53

Sligo

26

56

55

54

57

66

54

58

60

55

51

Galway

52

65

61

67

65

65

63

64

74

71

67

Kerry

57

74

65

71

66

68

65

69

71

68

69

Knock

37

51

50

54

54

54

54

64

53

45

39

Derry

56

61

59

61

62

63

52

54

62

59

64

The load factor percentages are based on the seat capacity of the particular aircraft utilised by the carriers on each route and aircraft types can vary from time to time for operational reasons. The capacity of the regional aircraft concerned ranges from 35-68 seats; the minimum aircraft size required under the PSO contracts is 30 seats.

Departmental Agencies.

Jack Wall

Question:

243 Mr. Wall asked the Minister for Transport the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter [39419/05]

The agencies or bodies for which my Department is responsible are listed in the Department's annual report and on my Department's website, www.transport.ie. While my Department oversees the role of these agencies and bodies and has responsibility for the funding, policy and legislative framework in which they operate, day-to-day operational matters are the direct responsibility of the agencies concerned.

In addition, my Department provides funding to a variety of other bodies to assist in implementing transport proposals listed in the programme for Government. For example, my Department provides funding to the city councils in Cork, Galway, Limerick and Waterford with regard to traffic management projects and also provides funding to Pobal, which administers the rural transport initiative, RTI, on my behalf.

Funding is also provided to the regional airports in respect of infrastructural and operational improvements and to the Irish Road Haulage Association to help address the problems facing their industry. Again, while my Department is responsible for the implementation of the policies related to the provision of those funds, general day-to-day operational matters of the recipients of the funding are the direct responsibility of those bodies.

Departmental Programmes.

Jack Wall

Question:

244 Mr. Wall asked the Minister for Transport if a study has been carried out on the levels of disruption that persons will face due to the Transport 21 plan; the results of such a study; and if he will make a statement on the matter. [39631/05]

The number and scale of projects within the greater Dublin area is likely to pose complex challenges and will obviously need careful consideration in order to minimise disruption to transport users, businesses and the general public. In this regard I stated at the launch of Transport 21 that I was convinced that we need a new approach to transport in the greater Dublin area, delivered through a single authority with the power to ensure joined-up thinking and delivery across all transport modes. For this reason I have appointed a team chaired by Professor Margaret O'Mahony to finalise the remit, structures and human resource requirements of the proposed authority, and I look forward to receiving the report of the establishment team in the new year.

It is clear that the significant experience which transport agencies and contractors have gained in the past ten years in the management of major transport projects will be applied to the planning and implementation of future projects in order to minimise the level of disruption for everyone.

Rail Services.

Billy Timmins

Question:

245 Mr. Timmins asked the Minister for Transport the amount of funding which was spent of the rail line between Dublin and Rosslare since 1998; and if he will make a statement on the matter. [39646/05]

Iarnród Éireann has supplied the following information in answer to the Deputy's question. Total funding on the Dublin to Rosslare line since 1998 has amounted to €90 million. This includes renewal of all the track work, replacement of bridges, fencing, level crossing upgrading and coastal defence works. Some of the coastal defence works is on sections of line common with DART services, that is, at Killiney and Bray head.

Cúrsaí Gaeilge.

Aengus Ó Snodaigh

Question:

246 D'fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil aon deontais ar fáil do ghrúpaí pobail ón Roinn nó ó na heagrais a dtugann sé maoiniú dóibh chun aosaigh a thabhairt ar chúrsaí Gaeilge sa Ghaeltacht. [39364/05]

Faoin scéim chúrsaí Gaeilge sa Ghaeltacht do dhaoine fásta atá á reáchtáil ag mo Roinnse, is féidir deontas a íoc le coistí iontaofa a bhíonn ag feidhmiú sa Ghaeltacht agus a eagraíonn cúrsaí Gaeilge do dhaoine fásta inti. Tá an scéim seo dírithe ar dhaoine a bhfuil cónaí orthu lasmuigh den Ghaeltacht go príomha agus a bhfuil suim acu sa teanga agus sa chultúr Gaelach. Deontas nach rachaidh thar €19.05 a bhíonn i gceist i leith gach rannpháirtí a fhreastalaíonn ar chúrsa nach lú ná sé lá agus deontas nach rachaidh thar €38.10 i leith gach rannpháirtí a fhreastalaíonn ar chúrsa nach lú ná 12 lá.

Maidir le heagraíochtaí eile faoi scáth mo Roinne-se, tuigim ó Údarás na Gaeltachta go gcuirtear tacaíocht ar fáil do réimse beartas foghlama Gaeilge do phobal na Gaeltachta agus go bhfuiltear páirteach i gcúrsaí iarchéime san aistriúchán agus sa Ghaeilge fheidhmeannach i gcomhar le hinstitiúidí tríú leibhéal. Glactar le hiarratais ó dhaoine laistigh agus lasmuigh den Ghaeltacht ar na cúrsaí sin. Maidir le Foras na Gaeilge, tuigtear dom nach dtugann an foras cúnamh díreach do chúrsaí ach go gcuirtear maoiniú ar fail d'eagraíochtaí áirithe — Oideas Gael agus Gael-Linn, mar shampla — a eagraíonn cúrsaí sa Ghaeltacht do dhaoine fásta.

National Drugs Strategy.

Joe Higgins

Question:

247 Mr. J. Higgins asked the Minister for Community, Rural and Gaeltacht Affairs if he will substantially increase the funding available for the delivery of the emerging needs fund in view of the fact that the budget of €1 million is inadequate to deal with the drugs crisis in local communities. [39395/05]

Joe Higgins

Question:

249 Mr. J. Higgins asked the Minister for Community, Rural and Gaeltacht Affairs if he will implement the current round of the emerging needs fund in accordance with the criteria that were agreed and circulated in early 2005. [39397/05]

Richard Bruton

Question:

251 Mr. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs his views on the problems in the development of the emerging needs fund designed to tackle the drugs crisis; and the steps he will take to provide funds for the identified needs in local communities and to apply the criteria agreed earlier in 2005. [39480/05]

I propose to take Questions Nos. 247, 249 and 251 together.

As I pointed out in my reply to Question No. 336 on 13 December, it was brought to my attention last year that demands for services in a number of local drugs task force areas were arising in the context of changing trends in drug misuse. In view of this I announced an emerging needs fund earlier this year. The emerging needs fund represents an initiative to deal with different issues arising as the drugs misuse scenario evolves and a sum up to €1m has been earmarked to meet those needs. To date, I have allocated just under €200,000 to five projects and I hope to be in a position to make further allocations in the near future. The question of providing additional moneys to the fund will be considered in the overall context of budgetary allocations for 2006.

Joe Higgins

Question:

248 Mr. J. Higgins asked the Minister for Community, Rural and Gaeltacht Affairs if he will give a clear mandate to the national drugs strategy team and local drug task forces to re-embark on a strategic planning process that would allow local communities to develop an efficient, integrated and co-ordinated approach to the drugs crisis, with realistic funding available on a planned basis. [39396/05]

The task forces are, for the most part, currently implementing their second round of action plans and it is only in the current year that full implementation of some of these plans has been achieved. Before even considering the development of further strategies I feel it would be prudent to evaluate what has been achieved by the local drug task forces to date. This matter is currently receiving consideration.

Question No. 249 answered with QuestionNo. 247.

Departmental Agencies.

Jack Wall

Question:

250 Mr. Wall asked the Minister for Community, Rural and Gaeltacht Affairs the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter. [39420/05]

My Department's strategy statement for 2005 to 2007 gives details of those State agencies and other bodies reporting to, or under the aegis of, my Department, for which I am appropriately accountable to the Oireachtas. There are many other bodies or groups which receive funding directly from my Department or, for example, through Pobal. While I am not responsible for these groups and am not required to account for them in Dáil replies, I am, of course, accountable to the Dáil in the normal way for all moneys expended from the Vote of my Department.

Question No. 251 answered with QuestionNo. 247.

Crannchur Náisiúnta.

Aengus Ó Snodaigh

Question:

252 D'fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad é an céatadán de Chiste na Gaeilge a thagann ón gCrannchur Náisiúnta. [39497/05]

Tá Ciste na Gaeilge maoinithe go hiomlán ón gCrannchur Náisiúnta i láthair na huaire.

National Drugs Strategy.

Tony Gregory

Question:

253 Mr. Gregory asked the Minister for Community, Rural and Gaeltacht Affairs the reason given by a person (details supplied) for resigning from the national drug strategy committee; his response to the issues raised; if he will make efforts to resolve these issues; and if he will make a statement on the matter. [39515/05]

As I said in my reply to question No. 334 yesterday, I received a letter from the individual concerned in which he indicated his intention to resign his position as representative of the community sector on the national drugs strategy team. His contribution to the national drugs strategy is acknowledged and appreciated.

The issues raised in his letter of resignation focus on the emerging needs fund, the level of funding available for local and regional drugs task forces and his views on the rate of progress on the implementation of some actions under the national drugs strategy. I confirm that appropriate action is being taken in regard to all these matters.

He previously indicated his intention to step down from his position to my Department in September and has offered to remain as a member of the national drugs strategy team until February 2006. He also intends to remain as the community sector representative on the inter-departmental group on drugs and on the national advisory committee of the young peoples facilities and services fund until community representatives are nominated.

Tourism Promotion.

Bernard J. Durkan

Question:

254 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs if he will consider applications for grant aid from various towns and villages throughout County Kildare where the local communities are anxious to put on festivals or other supportive activities to coincide with the Ryder Cup; and if he will make a statement on the matter. [39619/05]

I have no function in supporting events to coincide with the Ryder Cup. I wish all associated with it every success.

Grant Payments.

Willie Penrose

Question:

255 Mr. Penrose asked the Minister for Agriculture and Food the steps she will take to ensure that the single farm payment due to a person (details supplied) in County Westmeath is awarded; and if she will make a statement on the matter. [39321/05]

The person named submitted an application under the single payment scheme inheritance category. This application has been successfully processed and his entitlements have been consolidated to the number of hectares submitted on his 2005 single payment application form. Payment will shortly issue to the person named.

Willie Penrose

Question:

256 Mr. Penrose asked the Minister for Agriculture and Food the steps she will take to ensure that the single farm payment due to a person (details supplied) in County Offaly is awarded; and if she will make a statement on the matter. [39322/05]

An application under the single payment scheme was received from the person named on 16 May 2005, with a declared area of 50.65 hectares.

While the person named had been advised that he had been allocated four entitlements, based on the farming activity during the reference years, a further 47.17 entitlements were also transferred to the person named, giving a total of 51.17 entitlements. In order to qualify, however, for full payment under the single payment scheme, an applicant must declare an eligible hectare to accompany each entitlement. This requirement was set out clearly in the documentation supplied to farmers on several occasions.

Therefore, the application of the person named is being processed for payment on the basis of the declared area. Payment is expected to issue shortly.

Willie Penrose

Question:

257 Mr. Penrose asked the Minister for Agriculture and Food the steps she will take to ensure that the single farm payment due to a person (details supplied) in County Offaly is awarded; and if she will make a statement on the matter. [39323/05]

An application under the single payment scheme was received from the person named on 9 May 2005, with a declared area of 13.83 hectares. The person named had been advised that he had been allocated 3.48 entitlements, based on his farming activity during the reference years. The application of the person named has already been processed on this basis and payment will issue this week. As the person named is being assigned an additional 10.38 entitlements under the private contract clause procedure, a further payment will be made immediately this process is completed. It is expected that this payment will issue shortly.

Jimmy Deenihan

Question:

258 Mr. Deenihan asked the Minister for Agriculture and Food if a person (details supplied) in County Kerry will qualify for entitlements under the single payments scheme from the national reserve; and if she will make a statement on the matter. [39365/05]

Following an unsuccessful application and appeal under the force majeure or exceptional circumstances measure of the single payment scheme, the person named was invited in August 2005 to submit an application for consideration under the national reserve measure of the scheme. My Department, however, has no record of receipt of an application form from the person named.

Jimmy Deenihan

Question:

259 Mr. Deenihan asked the Minister for Agriculture and Food if a person (details supplied) in County Kerry will qualify under the single payment scheme for consideration as new entrant or inheritance; and if she will make a statement on the matter. [39366/05]

The person named submitted an application for inheritance under the single payment scheme. My Department has been in contact with him regarding documentation needed in order to process his application. The required documentation has not been received to date. On receipt of this documentation my Department will process his inheritance application.

Jimmy Deenihan

Question:

260 Mr. Deenihan asked the Minister for Agriculture and Food if a person (details supplied) in County Kerry will qualify for the single farm payment from the national reserve; and if she will make a statement on the matter. [39367/05]

The person in question submitted an application for an allocation of entitlements from the single payments scheme national reserve under categories A and D. Category A caters for farmers who inherited land or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May 2005 and who had leased out his or her holding to a third party 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.

However, the rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the reserve may only receive an allocation of entitlements under whichever category is most beneficial to him or her.

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.

Olwyn Enright

Question:

261 Ms Enright asked the Minister for Agriculture and Food the reason a person (details supplied) in County Offaly cannot obtain a herd number in his own right; and if she will make a statement on the matter. [39368/05]

The person in question has been registered as keeper for all purposes related to the herd since the end of August 2005, but notification did not issue to him because of a difficulty regarding registration as herdowner for the purposes of payment. The person's wife has been registered as the herdowner. The parties involved have now been informed of the decision and have consented to it.

Sugar Beet Industry.

Jack Wall

Question:

262 Mr. Wall asked the Minister for Agriculture and Food the breakdown of the €300 million package that was agreed at the EU agricultural Ministers meeting in Brussels in regard to the Irish sugar industry; and if she will make a statement on the matter. [39442/05]

Jack Wall

Question:

263 Mr. Wall asked the Minister for Agriculture and Food her views on the effect of the recent meeting decisions of the EU agricultural Ministers in regard to sugar production will have an sugar beet producers in the midlands, north Leinster area. [39443/05]

Jack Wall

Question:

264 Mr. Wall asked the Minister for Agriculture and Food if she has satisfied herself that the package proposed as a result of the recent EU agricultural Ministers meeting will assist farmers especially those with long distance travel costs and problems to continue beet production; and if she will make a statement on the matter. [39444/05]

Jack Wall

Question:

265 Mr. Wall asked the Minister for Agriculture and Food the payments a company (details supplied) will receive in regard to the recent EU agricultural Ministers meeting proposals in regard to sugar production; and if she will make a statement on the matter. [39445/05]

Paul Kehoe

Question:

272 Mr. Kehoe asked the Minister for Agriculture and Food if account was taken of cereal growers needs during the recent negotiations on the European Community’s sugar reform compensation package in view of their reliance on sugar beet production to augment their income from tillage farming; and if she will make a statement on the matter. [39558/05]

Jack Wall

Question:

273 Mr. Wall 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. [39622/05]

Jack Wall

Question:

274 Mr. Wall asked the Minister for Agriculture and Food the reason she intends to compensate a company (details supplied) for the decline in the sugar beet industry here; and if she will make a statement on the matter. [39623/05]

I propose to take Questions Nos. 262 to 265, inclusive, and 272 to 274, inclusive, together.

The recent political agreement by the Council of Agriculture Ministers for the reform of the EU sugar regime was the culmination of a protracted and difficult negotiating process. During the negotiations, I availed of every opportunity to highlight the serious repercussions the reform proposals would have for the Irish industry. I pointed out that beet growing has long been a valuable cash crop for Irish cereal farmers, as well as playing an important role in the tillage cycle as a break crop.

Nevertheless 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 include a lower reduction in the support price of sugar than the originally proposed 36% instead of39%; 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. However, as with the earlier phases of Common Agricultural Policy reform, the Department of Agriculture and Food will make timely arrangements for implementing the new regime in due course. The new regime will come into effect for the 2006-2007 marketing year, beginning on 1 July 2006.

Grant Payments.

Michael Ring

Question:

266 Mr. Ring asked the Minister for Agriculture and Food the reason the single farm payment has not issued to persons (details supplied) in County Mayo; and if they will receive their payment before Christmas. [39454/05]

While an application under the single payment scheme was received in this case on 6 May 2005, no payment is due, as no entitlements were established during the reference period.

Michael Ring

Question:

267 Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo has not received the single farm payment. [39455/05]

The Department of Agriculture and Food has been in contact with the person in question in connection with an inheritance application. On receipt of additional information from the individual, this case can be processed by the Department.

Pat Breen

Question:

268 Mr. P. Breen asked the Minister for Agriculture and Food if there was an error in the single farm payment received recently by a person (details supplied) in County Clare; and if she will make a statement on the matter. [39456/05]

The applicants established 36.36 hectares entitlements for 2005. A single payment scheme application form was received on 4 May 2005 declaring a total of 33.97 forage hectares and 7.61 hectares for forestry.

Under EU legislation, an applicant, in order to draw down his or her full single payment, must declare an eligible hectare to accompany each entitlement. This requirement was set out clearly in the documentation supplied to farmers on several occasions. Therefore, the applicants were paid €6,349.31 based on 33.97 forage hectares declared on the 2005 single payment application form. If the applicants declare sufficient land on their 2006 single payment application, they will be in a position to claim full entitlements next year.

Dinny McGinley

Question:

269 Mr. McGinley asked the Minister for Agriculture and Food if an application for a national reserve allocation has been received from a person (details supplied) in County Donegal; if said application has been approved or rejected; if rejected, if an appeal has been submitted; if same is under consideration; and if she will make a statement on the matter. [39478/05]

The person named submitted an application for an allocation of entitlements from the single payments scheme national reserve under categories B (i), (iii) 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 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 reserve may only receive an allocation of entitlements under whichever category is most beneficial to him or her. The position is that more than 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.

Animal Diseases.

John McGuinness

Question:

270 Mr. McGuinness asked the Minister for Agriculture and Food if she will respond to a delegation met by her Department from Kilkenny who outlined their case for compensation arising from the affects of scrapie on their sheep flocks; and if a response will be expedited (details supplied). [39511/05]

A response on the three cases in question has issued. With regard to one of the cases my Department has agreed in principle to arrange for full depopulation of the flock which was the preferred option of the flockowner. In the other two cases the specific arrangements sought by the flockowners concerned are not possible within the terms of the agreement on scrapie. However, I have decided to make a significant improvement in the level of compensation available under this scheme and this will be a major benefit to the flockowners concerned.

Grant Payments.

John McGuinness

Question:

271 Mr. McGuinness asked the Minister for Agriculture and Food if an appeal can be arranged in the case of a person (details supplied) in County Kilkenny; if a decision can be made in the case; and if she will make a statement on the matter. [39512/05]

A single payment scheme application was received from the person named on 5 May 2005, declaring a total of 42.7 hectares of forage lands. The person named had been advised that they had been allocated 52.07 entitlements, based on the farming activity during the reference years. To qualify for full payment under the single payment scheme an applicant must declare an eligible hectare to accompany each entitlement. This requirement was set out clearly in the documentation supplied to farmers on a number of occasions.

While payment has been made to the person named on the basis of the lands declared on his single payment scheme application form, it is open to him to make contact with my officials, outlining the circumstances, which caused him to declare insufficient land to fully activate his entitlements. The person named should write directly to the SPS Payments Unit, Portlaoise, clearly outlining his case.

Questions Nos. 272 to 274, inclusive, answered with Question No. 262.

Food Labelling.

Billy Timmins

Question:

275 Mr. Timmins asked the Minister for Agriculture and Food if she has satisfied herself that all poultry sold and exported from here, with Ireland as the country of origin, was produced here; her views on whether some of the product was produced elsewhere; and if she will make a statement on the matter. [39647/05]

The general food labelling legislation, as set out in EU Directive 2000/13/EC and implemented in this country by the European Communities (Labelling, Presentation and Advertising of Foodstuffs) 2003 regulations, S.I. 483/2002, requires that the labelling of foodstuffs must not mislead the consumer as to various properties of the food including origin. There is, therefore, a legal prohibition on claiming that any product, including poultry meat, is Irish if it is not. These rules apply throughout the Community.

The EU poultry meat marketing standards regulations require that all unprocessed poultry coming from a non-EU country must bear an indication of that country on its label. Officers of my Department check that this law is being complied with. There is no requirement to indicate the country of origin on poultry meat produced in an EU country. When such meat is imported into Ireland and is cut up and-or repackaged here before being placed on sale the poultry will be stamped with the oval IRL health mark. This is a requirement of veterinary legislation in place throughout the EU and an essential tool in facilitating traceability in the event, for example, of product recall. The IRL health mark must not be interpreted as an indication of Irish origin. Officials of my Department monitor the correct application of health marks to meat.

Garda Deployment.

Joe Costello

Question:

276 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of gardaí serving in each of the Garda stations in Connacht for each year since 1997 and to date in 2005; the population served by each Garda station in 1997 and to date in 2005; and if he will make a statement on the matter. [39338/05]

The information sought by the Deputy is contained in the responses to Questions Nos. 192 of 7 December 2005 and 371 of 13 December 2005. As I stated in reply to Question No. 371 yesterday, I expect to be in a position to respond to the Deputy next week.

State Property.

Gay Mitchell

Question:

277 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform his Department’s plans for a plot of land (details supplied) in Dublin 8; and if he will make a statement on the matter. [39363/05]

I am considering how this site might best be utilised. My Department has held discussions with officials from Dublin City Council on possible uses of the property. The current position, however, is that a number of legal formalities remain to be completed before I am in a position to make a final decision on the matter.

Visa Applications.

Liam Aylward

Question:

278 Mr. Aylward asked the Minister for Justice, Equality and Law Reform if the appeal by a person (details supplied) in County Kilkenny to extend their visitors visa to allow them permission to remain in the State will be considered. [39385/05]

The person concerned was granted a C visit visa to enter the State to visit her friend for a period of three months. It now appears that she is seeking an extension of her permission to remain in the State.

An examination of the papers on the case indicates that the person concerned sought an extension of her C visit visa with the immigration division of my Department and was refused. Notification of this decision issued on 30 November 2005. This decision was subsequently appealed, to which a refusal also issued on 7 December 2005.

A wrap-around information sheet accompanies every visa application form. That sheet makes it clear to the applicant that, in general, persons granted visas for particular purposes are not permitted to remain in the State for any purpose other than that for which the visa was granted. Every visa applicant is required to state on the application form the dates on which he or she proposes to enter and leave Ireland. He or she is also required to declare that the information supplied is correct and complete.

A C visa is granted for visits of less than 90 days. As a consequence, it is not the general policy to extend permission to remain to persons who are admitted initially for a period of 90 days or less on a C visa, save in exceptional and unforeseen circumstances. The person concerned must leave and reapply from outside the State, should she wish to return. She should include in her new visa application the purpose and duration of her intended stay.

Departmental Agencies.

Jack Wall

Question:

279 Mr. Wall asked the Minister for Justice, Equality and Law Reform the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter. [39422/05]

A wide range of agencies and bodies fall within the ambit of my Department. These agencies and bodies perform a wide variety of functions, some of which are independent of my Department. For example, the Human Rights Commission is an independent human rights institution. However, as Minister for Justice, Equality and Law Reform, I have certain legal responsibilities concerning the financing and staffing of the commission and the laying of its reports before the Houses of the Oireachtas.

The reception and integration agency of my Department, RIA, provides some funding to the Health Service Executive, HSE, for the provision of accommodation for separated children seeking asylum — that is, unaccompanied minors, children below the age of 18. Under the Refugee Act 1996, as amended, and the Child Care Act 1991, the care of these children is statutorily the responsibility of the HSE. However, because these children are asylum seekers, the RIA provides funding towards the cost of their accommodation. In 2004, this funding amounted to approximately €4.9 million.

My Department provides funding for a number of schemes, the day to day operation of which is performed by Pobal — formally Area Development Management Ltd. — on my Department's behalf. I have no responsibility to the Dáil in respect of Pobal as an organisation. However, both my Department and myself respond to queries and parliamentary questions regarding these schemes. Currently these schemes include the equal opportunities child care programme, the equality for women measure and community CCTV projects.

Garda Investigations.

Finian McGrath

Question:

280 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the position regarding the framing of a person (details supplied) in County Kerry by senior gardaí and the new evidence from a Garda who did not want to be associated with conspiracies to frame persons; and his role in this cover-up and miscarriage of justice case. [39451/05]

Finian McGrath

Question:

281 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the reason no action was taken on the case of a person (details supplied) in County Kerry during his term of office; and if he will make a statement on the matter. [39452/05]

I propose to take Questions Nos. 280 and 281 together.

I am aware of the allegations made by and on behalf of the person in question but the mere assertion of wrongdoing does not progress the matter in any constructive manner. In this regard, it should be noted that the Garda Síochána complaints board investigated a complaint made by the person in question on the matter. The complaints board found that neither an offence nor a breach of discipline on the part of any member of the Garda Síochána had been disclosed.

Nevertheless, I have contacted the person's representative seeking any available documentary or other forms of information which that person considers would support the stated allegations. I am currently awaiting a response and, upon receipt, I will consider the matter further. I do not accept the contention that no action has been taken in the matter.

Jim O'Keeffe

Question:

282 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if the Garda Síochána has intelligence to the effect that, or if his attention has been drawn to the fact that a Member or Members of Dáil or Seanad Éireann are or have been members of the IRA, the IRA Army Council or any other illegal organisation in the past three years. [39481/05]

Jim O'Keeffe

Question:

283 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if the Garda Síochána has intelligence to the effect that, or if his attention has been drawn to the fact that persons (details supplied) are or have been members of the IRA, the IRA Army Council or any other illegal organisation. [39482/05]

Jim O'Keeffe

Question:

284 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if the Garda Síochána has intelligence to the effect that, or if his attention has been drawn to the fact that persons (details supplied) are or have been members of the IRA, the IRA Army Council or any other illegal organisation. [39483/05]

Jim O'Keeffe

Question:

285 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if the Garda Síochána has any intelligence to the effect that, or if his attention has been drawn to the fact that a member or members of any local authority here, are or have been members of the IRA, the IRA Army Council or any other illegal organisation in the past three years. [39484/05]

I propose to take Questions Nos. 282 to 285, inclusive, together.

I have already placed on the public record my knowledge of the status of certain named persons and I do not propose to go further in this regard.

Jim O'Keeffe

Question:

286 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he showed Garda documentation concerning a person (details supplied) to a third party; if so, the information which was shown and to whom it was shown; and if he will make a statement on the matter. [39485/05]

Jim O'Keeffe

Question:

287 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform his views on whether it is appropriate to show the Garda file of an Irish citizen to a third party where the express permission of that citizen has not been granted. [39486/05]

I propose to take Questions Nos. 286 and 287 together.

I refer the Deputy to my comprehensive statement to Dáil Éireann on 13 December 2005.

Proposed Legislation.

Róisín Shortall

Question:

288 Ms Shortall asked the Minister for Justice, Equality and Law Reform, further to the announcement in budget 2006 of the extension of maternity leave, when the change takes effect; if same will apply to all mothers of infants who are born after 1 March 2006 regardless of when they start their maternity leave; if same will just apply to mothers who start their maternity leave after 1 March 2006; the way in which he proposes to legislate for the change; if mothers who start their maternity leave in February, 2006 or before but who give birth on or after 1 March 2006 are not denied the extra leave entitlement in the interests of fairness and prenatal good health and practice. [39494/05]

In his Budget Statement on 7 December 2005, the Minister for Finance announced increases to paid maternity leave to 22 weeks in March 2006 and to 26 weeks in March 2007 and unpaid maternity leave to 12 weeks with effect from March 2006 and to 16 weeks with effect from March 2007. In the interests of maintaining the parity of entitlements between adopting and natural mothers, similar arrangements will apply to adoptive leave. I intend to implement the increases by way of secondary legislation, and heads of draft orders have already been transmitted to the Attorney General for formal early drafting.

The Maternity Protection Acts 1994 and 2004 and the Adoptive Leave Acts 1995 and 2005 provide that draft orders made under them must be laid before each House of the Oireachtas and a resolution approving the drafts passed by each House. Regarding maternity leave, while I cannot pre-empt the decision of the Oireachtas regarding this matter, I expect to be in a position to make an order on 1 February 2006, with the consent of the Ministers for Finance and Social and Family Affairs, giving effect to the increases to employees who commence their maternity leave or additional maternity leave on or after 1 March 2006 and 1 March 2007, as appropriate.

Entitlement to paid and unpaid maternity leave is subject to giving the employer at least four weeks' notice of the intention to take leave. It means, for example, that an employee who commences paid maternity leave on 1 March 2006 must have notified her employer of her intention to take paid maternity leave at least four weeks before the commencement of that leave. In the case of an employee who commences the additional unpaid maternity leave on 1 March 2006, that person may already have commenced paid maternity leave from early November 2005. Again, the employee must have notified her employer of her intention to take unpaid maternity leave at least four weeks before the commencement of that leave. Those arrangements are in line with those that applied when previous increases were implemented in 2001.

Asylum Applications.

Jack Wall

Question:

289 Mr. Wall asked the Minister for Justice, Equality and Law Reform the position regarding the application for stamp four for a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [39495/05]

The person concerned, a Romanian national, entered the State on 12 June 1999 and claimed asylum. His application was refused following consideration of his case by asylum division and, on appeal, by the Refugee Appeals Authority.

He was informed by letter of 4 September 2000 that the Minister proposed to make a deportation order in respect of him and afforded him three options under section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely, to make written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State, to leave the State voluntarily, or to consent to the making of a deportation order in respect of him.

This person's application, including all representations received on his behalf, is currently being examined under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. A final decision will be made in this case in due course.

Ciarán Cuffe

Question:

290 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the general instability, state of war and human rights abuses in Afghanistan; if examinations will be made regarding the applications for leave to remain by Afghani citizens living here; and if he will provide a breakdown of the number of Afghani citizens seeking leave to remain in the State and the number of applications made, and granted by the State in previous years. [39498/05]

I refer the Deputy to the statements made in the House on my behalf by Deputy John Browne, Minister of State at the Department of Agriculture and Food, in the Dáil Adjournment debate on Thursday, 8 December 2005, and to the reply I gave to Question No. 385 on Tuesday, 13 December 2005. The position is as outlined therein.

In the context of deciding whether to make a deportation order under section 3 of the Immigration Act 1999, as amended, the issue of being granted leave to remain is considered irrespective of whether an application or representations are made to the Minister. Statistics are therefore not maintained by my Department that would distinguish cases where representations for leave to remain were made from those cases where no such representations were received.

The relevant legislation which I as Minister must have regard to in deciding every case is section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. The latter provision specifically prohibits me from returning persons to unsafe situations. The safety of returning a person, or refoulement, as it is referred to, is fully considered in every case when deciding whether to make a deportation order. That means that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. The legislation requires that this consideration is given before the deportation decision is made. My Department uses extensive country-of-origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to third countries.

In the time available, it has not been possible to provide detailed statistics regarding Afghani asylum seekers in recent years. That is being complied and will be forwarded to the Deputy in the next few days.

Liquor Licensing Laws.

Ciarán Cuffe

Question:

291 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform when he will introduce section 17 of the Intoxicating Liquor Act 2000, dealing with the identification of the supplier of alcohol for consumption off premises; and when he intends to introduce a measure that will mean effective action can be taken against those who continue the practice of selling alcohol to persons under the age of 18. [39499/05]

Section 17 of the Intoxicating Liquor Act 2000 provided that a label containing the name and address of premises to which an on-licence or off-licence was attached be clearly indicated on a label affixed to any container in which intoxicating liquor was sold for consumption off the premises. It was never commenced and was repealed by section 3 of the Intoxicating Liquor Act 2003.

Section 22 of the 2003 Act provides for the making of regulations specifying particulars to be affixed to containers in which intoxicating liquor is sold for consumption off licensed premises which are adequate to enable the licensee and the licensed premises concerned to be identified. No such regulations have been made to date.

While the labelling of containers in which intoxicating liquor is sold for consumption off licensed premises with a view to combatting under-age consumption of intoxicating liquor is an attractive idea, significant challenges must be overcome to render it effective in practice. Those challenges arise under two headings.

First, practical difficulties will be encountered where several individual containers are packaged together in advance for retail sale, for example, six packs of bottles; plastic wrapped trays of cans; or wooden boxes containing bottles of wine. That raises the important issue of whether identification labels should be attached at the point of sale or earlier in the distribution chain. Attaching labels at an earlier stage might be simpler, but it could create logistical difficulties for importers and distributors, and that would lead in turn to increased distribution costs. Moreover, in the case of imports from other EU member states, it is likely that such additional labelling requirements would be regarded as infringing internal market rules.

Second, from an enforcement perspective it is clear that possession by an under age person of a labelled container does not in itself constitute proof that the intoxicating liquor in the container had been illegally supplied to that person by the licensee whose particulars appear on the container. It may have been taken from the family home or have been sold to a person over the age of 18 in good faith by the licensee before being passed on to the under age person. A labelled container may have passed through several hands before finding its way into the hands of an under age person.

Issues relating to the evidential value of being found in possession of a labelled container were raised during consultations on implementation of section 22 of the 2003 Act, and my Department subsequently raised them with the Office of the Attorney General. The Attorney General's Office has expressed serious doubts about the evidential value of being in possession of a labelled container, and doubt is, therefore, cast on the utility of any regulations that might be made under section 22 of the 2003 Act.

One option that could be considered in the context of future legislation would be a presumption that any intoxicating liquor container found in the possession of an under age person had been purchased by that person from the licensee identified on the container until the contrary was proven. However, the Attorney General's Office has also advised that such a proposal would raise serious constitutional issues and would run the significant risk of being found to be inconsistent with Article 38 of the Constitution.

For those reasons, I do not intend to make regulations under section 22 of the 2003 Act at this time. I will, however, give serious consideration to any reasonable and workable proposal that would not give rise to the practical, enforcement and evidential difficulties that I have already outlined.

The principal legislative provision relating to the sale of intoxicating liquor to persons under the age of 18 years by licensees is section 31 of the Intoxicating Liquor Act 1988, as amended by the Intoxicating Liquor Acts 2000 and 2003. In the case of a first offence for the sale or supply of intoxicating liquor to an under-age person, the licence holder is liable to a fine not exceeding €1,270. That increases to €1,905 for second and subsequent offences. Moreover, where a licence holder is convicted of such an offence, the District Court is required under the terms of the 2000 Act to make a temporary closure order in respect of the premises concerned. For a first offence the closure order shall not exceed seven days, while the closure order in respect of second and subsequent offences shall be for a period of between seven and 30 days.

The Government legislation programme published on 27 September last makes provision for publication of a Bill to codify the licensing laws in mid-2006. It will repeal the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replace them with updated provisions more suited to modern conditions. The new Bill will contain provisions designed to combat the sale and supply of intoxicating liquor to, and consumption by, under age persons.

Asylum Applications.

Tony Gregory

Question:

292 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if a person (details supplied) whose case has been supported by Amnesty International will be permitted to remain here. [39509/05]

I refer the Deputy to my reply to Question No. 390 on Tuesday, 13 December 2005. My position is unaltered.

Registration of Title.

Willie Penrose

Question:

293 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the steps he will take to expedite an application for completion of registration of a title (details supplied); and if he will make a statement on the matter. [39572/05]

I have requested the Land Registry to contact the Deputy directly concerning the current position of the application in question. I understand that, in circumstances where the completion of an application in a particular case is urgent, the Land Registry will make every reasonable effort to facilitate such requests on receipt of a written explanation as to the reason underlying the urgency.

Road Traffic Offences.

Jack Wall

Question:

294 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of speeding prosecutions in County Kildare for each of the past five years; and if he will make a statement on the matter. [39630/05]

I regret that the information requested by the Deputy is not readily available and is currently being researched. I will be in contact with the Deputy regarding this matter when the information becomes available.

Garda Deployment.

Jack Wall

Question:

295 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of gardaí operating in Kildare for each of the past five years; his plans to increase that number; and if he will make a statement on the matter. [39639/05]

While I do not have the figures for County Kildare, I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength, all ranks, of the Carlow-Kildare division for each of the past five years was as set out hereunder.

Year

Strength

2000

307

2001

321

2002

323

2003

323

2004

323

Garda divisional boundaries do not always correlate with county boundaries. Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, are constantly monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and that the best possible service is provided to the public.

Regarding Garda resources generally, the accelerated recruitment campaign of 1,100 Garda recruits each year to reach a record force strength of 14,000, in line with the commitment in the agreed programme for Government, is fully on target. That will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of 2006.

The Garda Commissioner will now draw up plans on how best to distribute and manage those additional resources, and the needs of the Carlow-Kildare division will be fully considered within the overall context of the needs of Garda divisions throughout the country.

Crime Levels.

Jack Wall

Question:

296 Mr. Wall asked the Minister for Justice, Equality and Law Reform the figures for both burglary and assault for each of the past five years in County Kildare and on a national scale. [39640/05]

I am informed by the Garda authorities that the following tables show the headline offences of assault and burglary by group for each Garda district in the Carlow-Kildare division and on a national scale for the years 2000 to 2004 and up to 30 November 2005. The figures provided for 2004-2005 are provisional, operational and liable to change.

Total Offences Recorded for years 2000 to 2004 and up to 30 November 2005.

National Totals

2005

2004

2003

2002

2001

2000

Rec

Rec

Rec

Rec

Rec

Rec

Assault

4009

4583

4738

5995

3802

1983

Burglary

24355

24956

25733

25602

24015

22158

Total

28364

29539

30471

31597

27817

24141

Offences Recorded in Naas Garda District for years 2000 to 2004 and up to 30 November 2005.

2005

2004

2003

2002

2001

2000

Rec

Rec

Rec

Rec

Rec

Rec

Assault

66

79

84

107

42

28

Burglary

508

562

560

562

546

482

Total

574

641

644

669

588

510

Offences Recorded in Carlow Garda District for years 2000 to 2004 and up to 30 November 2005.

2005

2004

2003

2002

2001

2000

Rec

Rec

Rec

Rec

Rec

Rec

Assault

44

61

64

84

38

15

Burglary

359

424

460

453

359

441

Total

403

485

524

537

397

456

Offences Recorded in Kildare Garda District for years 2000 to 2004 and up to 30 November 2005.

2005

2004

2003

2002

2001

2000

Rec

Rec

Rec

Rec

Rec

Rec

Assault

50

48

45

63

36

24

Burglary

321

314

332

386

322

279

Total

371

362

377

449

358

303

Offences Recorded in Baltinglass Garda District for years 2000 to 2004 and up to 30 November 2005.

2005

2004

2003

2002

2001

2000

Rec

Rec

Rec

Rec

Rec

Rec

Assault

26

15

29

28

3

3

Burglary

307

333

256

275

207

182

Total

333

348

285

303

210

185

Special Educational Needs.

Jack Wall

Question:

297 Mr. Wall asked the Minister for Education and Science the position in relation to the redundancy payment from her Department for a person (details supplied) who was employed as a special needs assistant; and if she will make a statement on the matter. [39324/05]

My Department recently reached agreement on the terms of a redundancy package for special need assistants, SNAs, employed in primary and second level schools. The agreement was finalised with the assistance of the Labour Relations Commission.

It is proposed to commence payment of redundancy to eligible special need assistants in January 2006. It is also proposed to advise schools of the provisions of the redundancy arrangements as soon as possible. I have arranged for a copy of the appropriate application form for redundancy payment to be forwarded directly to the SNA concerned.

Grant Payments.

Olwyn Enright

Question:

298 Ms Enright asked the Minister for Education and Science the reason a college will not accept payment of a grant approved by the vocational educational committee under the criteria laid down by her Department for a person (details supplied) in County Offaly; and if she will make a statement on the matter. [39374/05]

The circumstances surrounding the case on which the Deputy based her question are under review in my Department at present. A response will be furnished directly to the Deputy in due course.

School Transport.

Olwyn Enright

Question:

299 Ms Enright asked the Minister for Education and Science if her attention has been drawn to the fact that a person (details supplied) in County Dublin, who is wheelchair bound, has not been provided with school transport; the plans or arrangements which are in place for school transport to be provided for this person. [39375/05]

My Department has sanctioned wheelchair accessible transport for the pupil referred to by the Deputy in the details supplied. Bus Éireann, which organises the school transport scheme on behalf of my Department, has been requested to make the necessary arrangements in this regard.

Schools Refurbishment.

Olwyn Enright

Question:

300 Ms Enright asked the Minister for Education and Science when a proper filtered and chlorinated water supply will be provided at a school (details supplied) in County Kerry; and if she will make a statement on the matter. [39376/05]

The works referred to by the Deputy are appropriate to the summer works scheme, the purpose of which is to devolve funding to individual school authorities to undertake small scale building works which, ideally, can be carried out during the summer months. The school referred to by the Deputy has not made an application under the 2006 summer works scheme.

It will be open to the school authority to apply under the summer works scheme 2007, which will be published in the course of 2006. In the meantime the school authority should use the devolved grant to deal with any health and safety issues arising at the school.

Vocational Education Committees.

Olwyn Enright

Question:

301 Ms Enright asked the Minister for Education and Science if an employee of the vocational educational committee is entitled to participate in courses being run in an individual school under the auspices of the vocational educational committee; if so, if the employee will benefit from an exemption if he or she participates in a course which would pertain to their particular job which would be of benefit to the school in the long-term; and if she will make a statement on the matter. [39377/05]

An official of my Department has been in contact with the Deputy's office about this case. I understand that, based on the clarification provided, the issue has been dealt with by the VEC and remains a matter entirely for the VEC.

Special Educational Needs.

Jimmy Deenihan

Question:

302 Mr. Deenihan asked the Minister for Education and Science if two additional special needs assistants will be appointed at a school (details supplied) in County Kerry; and if she will make a statement on the matter. [39378/05]

The Deputy will be aware that the National Council for Special Education, NCSE, which was established recently and which has been operational since 1 January 2005, is responsible for processing applications for special educational needs, SEN, supports.

An application for two special needs assistants, SNAs, was made to the local special education needs organiser, SENO, by the school on behalf of the pupils attending the pre-school for autism. I am pleased to advise the Deputy that one additional special needs assistant, SNA, has been granted and the school authorities were notified accordingly on 30 November 2005.

Schools Building Projects.

Dan Neville

Question:

303 Mr. Neville asked the Minister for Education and Science the position regarding the building at a school (details supplied) in County Limerick. [39379/05]

The school management was offered a grant under the devolved initiative in 2004 to provide new accommodation. The offer was accepted and the management proceeded with the architectural planning of the project.

The school has received planning permission for a new school building. The permission is subject to a number of conditions, laid down by the local authority that have to be complied with, including that all works have to be supervised by a conservation architect and that a suitably qualified archaeologist has to monitor all site works. The type of building that the board of management can construct is determined by the sensitive location and nature of the site. The architectural planning of the building is currently at an advanced stage.

Officials from my Department met with the school authorities recently to discuss a number of issues relating to the proposed new building. These matters are being considered at present and my Department will be in contact with the school management as soon as possible.

Special Educational Needs.

Jack Wall

Question:

304 Mr. Wall asked the Minister for Education and Science if her attention has been drawn to the concerns of special needs assistants and parents of children in need of such assistants that the method being used to determine time allocation in such instances is totally unsatisfactory; if she will make a statement on the guidelines that should be used in such instances and the person who should be notified before such decisions are implemented. [39403/05]

Jack Wall

Question:

311 Mr. Wall asked the Minister for Education and Science if school inspectors are informed of decisions in regard to special needs assistants’ allocation of hours before decisions are made to change such allocation; the line of responsibility in regard to such decisions; and if she will make a statement on the matter. [39438/05]

I propose to take Questions Nos. 304 and 311 together.

The Deputy will be aware that the National Council for Special Education, NCSE, which was established recently and which has been operational since 1 January 2005, is responsible for processing applications for special educational needs, SEN, supports. I can confirm that the schools inspectorate has no responsibilities in this regard and there is no reason it would need to be involved in this process.

I am not aware of any particular concerns of special needs assistants, SNAs, or parents relating to the allocation of SNA posts. An application for SNA support is made to the local special education needs organiser, SENO, by the school on behalf of the pupil. The SENO will consider the application and where the care needs of the pupil have been clearly identified in a professional report and the criteria for the allocation of such support as outlined in Department circular 07/02 is met, the support will be granted and the school will be informed of the decision. The parents will also be notified by either the principal or the principal and the SENO. The support may be granted on an individual or shared basis depending on the care needs of the child. It is envisaged that each decision will be reviewed at least on a yearly basis but they may be reviewed in a shorter timeframe if necessary, for example, if new relevant information is available.

Physical Education Facilities.

Jack Wall

Question:

305 Mr. Wall asked the Minister for Education and Science the number of applications received by her Department for physical education facilities for third level colleges or universities for each of the past five years; the number which were successful; and if she will make a statement on the matter. [39407/05]

Physical educational facilities required by third level institutions are generally provided as part of multi-purpose facilities, as a component of a student centre/ aula maxima or in conjunction with other recreational and leisure facilities. Given the aggregation of physical educational facilities with broader social and recreational facilities at third level institutions, it is not possible to provide precise information regarding applications for physical educational facilities at individual institutions. However, it is my understanding that most institutions have some form of physical recreational facilities.

Jack Wall

Question:

306 Mr. Wall asked the Minister for Education and Science the number of applications received by her Department to provide physical education facilities at post-primary, secondary or vocational schools under her Department’s remit in each of the past five years; the number who were successful; and if she will make a statement on the matter. [39408/05]

Jack Wall

Question:

307 Mr. Wall asked the Minister for Education and Science the number of applications received by her Department to provide physical education facilities at all national schools under her Department’s remit in each of the past five years; then number of applications that were successful; and if she will make a statement on the matter. [39409/05]

I propose to take Questions Nos. 306 and 307 together.

The information in the format requested by the Deputy is not readily available. However, with regard to physical education facilities generally, the physical education curriculum has been designed on the basis that facilities in schools may vary. Many primary schools have a general purpose room and practically all schools have outdoor play areas which are used for teaching different aspects of the physical education programme. A similar situation with sports halls and outdoor facilities applies at second level. In addition, many schools use adjacent local facilities, including public parks, playing fields and swimming pools.

My Department fully recognises the key role of physical exercise within the school environment and continues to respond to the need to improve physical education facilities. The provision of such facilities is an integral part of the design process for new school buildings or where an existing school building is undergoing a major refurbishment or extension. New physical equipment such as balancing benches and gym mats are funded as part of any major building programme.

In addition to this, the school planning section of my Department is working proactively with some local authorities to explore the possibility of the development of school provision in tandem with the development of community facilities. This enhanced co-operation has the effect of minimising my Department's land requirements and, thus, reducing site costs while, at the same time, providing local communities with new schools with enhanced facilities such as sports facilities, playing pitches and so forth. The Deputy may also be aware that the Department of Art, Sports and Tourism is currently undertaking a national audit of sports facilities in communities around the country, which will also provide useful information on facilities available to schools.

Special Educational Needs.

Jack Wall

Question:

308 Mr. Wall asked the Minister for Education and Science the number of special needs assistants appointed in County Kildare; the number of hours covered by the assistants; and if she will make a statement on the matter. [39410/05]

I can confirm to the Deputy that there are currently approximately 326 whole-time special needs assistants, SNAs, in our primary and second level schools in County Kildare supporting children with special needs. This equates to approximately 10,432 hours per week, based on a 32 hour week, which is the basis on which the salaries of SNAs are calculated.

Departmental Agencies.

Jack Wall

Question:

309 Mr. Wall asked the Minister for Education and Science the agencies or bodies her Department provides funding to or is administratively responsible for, and those agencies and bodies that her Department is responsible for in respect of Government policy; and if she will make a statement on the matter [39423/05]

It would be my intention that all appropriate and relevant information in respect of any agency funded by my Department or for which I have a responsibility would be provided in response to a parliamentary question. The availability or provision of this information would of course be subject to any legal or statutory constraints which might be applicable. In general terms, policy issues would be a matter for direct response by way of parliamentary question, while operational matters would be referred to the agency in question.

Site Acquisitions.

Olivia Mitchell

Question:

310 Ms O. Mitchell asked the Minister for Education and Science if, in view of the fact that her Department has no plans to purchase the reserved site for a post-primary school in Stepaside, it is expected that in this, as in other cases, the land owners should bear the cost of holding land for a need that has not been determined, especially in view of the fact that the Stepaside local area plan, adopted in June 2000, notes that it would be unreasonable to expect the owners to have their land sterilised for a considerable period of time. [39426/05]

While my Department has no immediate plans to acquire the site to which the Deputy refers, it is anticipated that the Stepaside local area plan could generate a population of between 16,000 and 20,000 by 2012. With a projected population growth of this level, I am sure the Deputy will appreciate that it is prudent to have a site reserved for educational purposes. Having said that, my Department would be anxious to ensure that reservations are not held on sites which may not ultimately be required. It will be reviewing the situation in Stepaside in this regard.

Question No. 311 answered with QuestionNo. 304.

Special Educational Needs.

Michael Noonan

Question:

312 Mr. Noonan asked the Minister for Education and Science if students in schools for children with special needs are required to leave such schools on reaching their 18th birthday, even if this is before the date of the leaving certificate; the limit there is to the duration of students’ attendance at such schools; and if she will make a statement on the matter. [39457/05]

Special schools and special classes funded by my Department are intended to cater for children and young persons with special educational needs from four years of age until the end of the school year in which they reach their 18th year. However, if particular circumstances arise whereby there is a necessity for a pupil to continue in a special school setting beyond the period outlined above, my Department will consider any such requests for extension from the special school in which the pupil is enrolled on a case-by-case basis.

Physical Education Facilities.

Paul Kehoe

Question:

313 Mr. Kehoe asked the Minister for Education and Science her views on whether there is a total absence of indoor recreational facilities in primary and secondary schools in Enniscorthy, County Wexford; her plans for providing same to these schools; and if she will make a statement on the matter. [39506/05]

I reject the Deputy's assertion that there is a total absence of indoor recreational facilities in primary and secondary schools in Enniscorthy. With regard to physical education facilities throughout the country generally, the physical education curriculum has been designed on the basis that facilities in schools may vary. Many primary schools have a general purpose room and practically all schools have outdoor play areas which are used for teaching different aspects of the physical education programme. A similar situation with sports halls and outdoor facilities applies at second level. In addition, many schools use adjacent local facilities, including public parks, playing fields and swimming pools.

My Department fully recognises the key role of physical exercise within the school environment and continues to respond to the need to improve physical education facilities. The provision of such facilities is an integral part of the design process for new school buildings or where an existing school building is undergoing a major refurbishment or extension. This is done in the context of available resources and the published criteria for prioritising school building projects.

In addition to this, the school planning section of my Department is working proactively with some local authorities to explore the possibility of the development of school provision in tandem with the development of community facilities. This enhanced cooperation has the effect of minimising my Department's land requirements and, thus, reducing site costs while, at the same time, providing local communities with new schools with enhanced facilities such as sports facilities, playing pitches and so forth. The Deputy may also be aware that the Department of Art, Sports and Tourism is currently undertaking a national audit of sports facilities in communities around the country, which will also provide useful information on facilities available to schools.

Early Childhood Education.

Tony Gregory

Question:

314 Mr. Gregory asked the Minister for Education and Science the number of schools and their location where the early start initiative is in place; and when she intends to extend the scheme to other schools. [39516/05]

The early start preschool project was established in 40 primary schools in designated areas of urban disadvantage in Dublin, Cork, Limerick, Waterford, Galway, Drogheda and Dundalk during 1994 and 1995. There are 1,680 places in these centres.

The new action plan for educational inclusion will address the educational needs of children and young people from disadvantaged communities, from preschool to completion of upper second level education, that is, from three to 18 years. The plan includes a commitment to access to early childhood education for children who will be attending primary schools serving the most disadvantaged communities.

My Department will work in partnership with other Departments and agencies to complement and add value to existing child care programmes in disadvantaged communities, with a view to ensuring that the overall care and education needs of the children concerned are met in an integrated manner. The Department's particular contribution will be to provide funding or part-funding for the educational dimension of provision where new places are involved, supporting the further development of an educational dimension in the case of existing child care provision.

Third Level Courses.

Tony Gregory

Question:

315 Mr. Gregory asked the Minister for Education and Science the level of funding she intends to make available in 2006 for the implementation of the recommendations of the McIvor report on post-leaving certificate courses. [39517/05]

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 that there is a wide range of course options 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 courses represent one such option. The Government's support for this hugely important sector is clear from the fact that we have increased the number of PLC places by 60% since 1997. Indeed, the number of PLC places approved for 2005 and 2006 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. There are nearly 8,000 PLC grant holders in 2005 and they will receive around €23 million in direct support. 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 very significant.

The McIvor 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 have been held with management and staff interests with regard to such issues 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.

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.

School Accommodation.

Paul Kehoe

Question:

316 Mr. Kehoe asked the Minister for Education and Science if proper permanent accommodation will be provided for schools in Enniscorthy, County Wexford; and if she will make a statement on the matter. [39575/05]

Officials in the school planning section of my Department are currently carrying out a review of primary and post-primary school provision in the Enniscorthy area. This review is expected to be completed in the new year. In the meantime, progress on all applications for major capital funding from schools in the area in question are being considered in the context of the school building and modernisation programme from 2006 onwards.

Physical Education Facilities.

Olwyn Enright

Question:

317 Ms Enright asked the Minister for Education and Science the physical education facilities that are available at a number of schools (details supplied) in County Offaly; and if she will make a statement on the matter. [39592/05]

The information in the format requested by the Deputy is not readily available. The PE curriculum has been designed on the basis that facilities in schools may vary. Many primary schools have a general purposes room and practically all schools have outdoor play areas which are utilised for teaching different aspects of the physical education programme. In addition, many schools use adjacent local facilities, including public parks, playing fields and swimming pools.

My Department fully recognises the key role of physical exercise within the school environment and continues to respond to the need to improve PE facilities. In this regard, the provision of multi-purpose space and outdoor play areas for primary schools will continue to be considered within the design brief for new schools and renovation or extension projects. This will be done in the context of available resources and the published criteria for prioritising school building projects.

At second level, it is the policy of the Department to provide a PE hall to a school that does not already have such a facility. Again, this is considered as part of the design brief for new schools and for major renovation or extension projects, within available resources and the overall published criteria for prioritising projects. The Department of Arts, Sport and Tourism is currently undertaking a national audit of sports facilities in communities around the country which will provide useful information on facilities available to schools. In the meantime, progress on all applications for major capital funding from schools in the area in question are being considered in the context of the school building and modernisation programme from 2006 onwards.

School Transport.

Enda Kenny

Question:

318 Mr. Kenny asked the Minister for Education and Science the reason school transport to a school (details supplied) in County Mayo has been altered to the disadvantage of students from the Hollymount area; the further reason a change was introduced from the previous pick-up points and changed to a new pick-up point; if her attention has been drawn to the fact that this pick-up point is five miles distance from the previous pick-up point; if this situation will be rectified and a more acceptable and appropriate system of transport available for children; and if she will make a statement on the matter. [39593/05]

Under the terms of my Department's post-primary school transport scheme, a pupil is eligible for transport if he or she resides 4.8 kilometres or more from her or his local post-primary education centre, that is, the centre serving the catchment area in which he or she lives. The scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside.

However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area, otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their 'own' post-primary centre have been catered for. Such children must make their own way either to the catchment boundary or to the nearest pick up point within that catchment area.

The pupils in question who are enrolled in the school referred to by the Deputy in the details supplied have been facilitated with catchment boundary transport to another post-primary centre. It has recently been established, however, that the pick-up point for these pupils was located within the catchment area in which they reside. This is contrary to the terms of the post-primary school transport scheme. As a result, the pick-up point was changed by Bus Éireann to a point which is now within the catchment area being attended.

Oideachas trí Ghaeilge.

Enda Kenny

Question:

319 D'fhiafraigh Mr. Kenny den Aire Oideachais agus Eolaíochta cén dearcadh atá aici féin agus cén dearcadh atá sa Roinn Oideachais agus Eolaíochta i leith thuarascáil Murray (sonraí tugtha); ina theannta sin, cén dul chun cinn atá déanta laistigh den Roinn Oideachais agus Eolaíochta chun na moltaí atá sa tuarascáil a chur i bhfeidhm; agus an ndéanfaidh sí ráiteas ina thaobh. [39602/05]

Foilsíodh an tuarascáil a luaigh an Teachta ag an gCoimisiún um Chóiríocht Scoile. Sa tuarascáil gheofar creat de na príomhcheisteanna chomh maith le roinnt moltaí ar sholáthar oideachais dara leibhéil trí mheán na Gaeilge. Tá an tuarascáil á scrúdú i mo Roinnse i láthair na huaire i gcomhthéacs phróiseas leasaithe a chur ar bun faoina dtabharfaí aitheantas do na scoileanna dara leibhéal Gaeilge go léir.

Schools Building Projects.

Jack Wall

Question:

320 Mr. Wall asked the Minister for Education and Science if a viability study was carried out regarding the relocation of a school (details supplied) in County Kildare; the results of this viability study; and if she will make a statement on the matter. [39633/05]

Jack Wall

Question:

321 Mr. Wall asked the Minister for Education and Science the reason she has decided to go ahead with the development of a new school building (details supplied) in County Kildare in view of the previous stalling of the project; and if she will make a statement on the matter. [39634/05]

Jack Wall

Question:

325 Mr. Wall asked the Minister for Education and Science if funding has been made available for a new school building (details supplied) in County Kildare; and if she will make a statement on the matter. [39638/05]

Jack Wall

Question:

328 Mr. Wall asked the Minister for Education and Science the situation regarding a school (details supplied) in County Kildare; the plans for the future of same; when completion is expected; and if she will make a statement on the matter. [39643/05]

I propose to take Question Nos. 320, 321, 325 and 328 together.

The building project for the school to which the Deputy refers is at an early stage of architectural planning. However, due to a continuing decline in enrolments and the level of investment which would be required to facilitate a relatively small number of pupils, it was decided not to allow the proposed project to progress through architectural planning until a complete review of the long-term viability of the school had been carried out. This practice is common to all large scale capital projects before they can be considered for inclusion in a capital programme.

The project was initially planned for a long-term projected enrolment of 400 pupils based on demographic information available at that time. In the event, the population did not increase as expected and enrolment in the school continued to decline as it has done for over ten years. This was rightly a matter of concern to my Department given the level of investment which it was being required to make. The review of the project has been completed and progress on the proposed project is now being considered in the context of the school building and modernisation programme from 2006 onwards. The school authority has been notified accordingly.

Pupil-Teacher Ratio.

Jack Wall

Question:

322 Mr. Wall asked the Minister for Education and Science the average class size in both primary and secondary schools in County Kildare for each of the past five years; and if she will make a statement on the matter. [39635/05]

The most recent data on average class size in primary schools in County Kildare are as follows.

Year

Average Class Size

2000/01

27.0

2001/02

27.2

2002/03

27.2

2003/04

26.8

2004/05

26.8

Data on pupil-teacher ratio, which is the appropriate measure at post-primary level, is not available on a county basis.

Major improvements in school staffing have been made in recent years with the hiring of more than 5,000 additional primary teachers. This represents the largest increase in teacher numbers since the expansion of free education. The annual estimated value of the additional expenditure on these posts is over €200 million. Today there is one teacher for every 17 children, the lowest pupil-teacher ratio in the history of the State.

Significant improvements have also been made in the pupil-teacher ratio at post-primary level in recent years. The ratio has fallen from 16:1 in the 1996 to 1997 school year to 13.4:1 in the 2004 to 2005 school year. Aside from decreasing average class size, the unprecedented increase in school staffing in recent years has also greatly improved the services provided for children with special needs and those from disadvantaged areas.

Under the action plan for tackling disadvantage published earlier this year, there will be a reduction in class sizes of 24:1 at senior level and 20:1 at junior level in 150 primary schools serving communities with the highest concentrations of disadvantage. With more than 600 extra resource teachers put in place this term, children with special needs are getting more support than ever before. It should be acknowledged how much progress has been made in this area in recent years.

There is more to be done to reduce class sizes further. Recently, I announced that I have secured sufficient funding to provide even smaller classes in our primary schools in the next school year. The Minister for Finance has committed to a further reduction in class size in the following year. Accordingly, over the next two years, my Department will put 500 extra teachers into primary schools to reduce class size and to tackle disadvantage. In dealing with staffing in our schools, we have consistently said that priority would be given in the first instance to children in disadvantaged schools and those with special needs. We have done this. In line with the Government commitment, mainstream class sizes are also being reduced.

Schools Building Projects.

Jack Wall

Question:

323 Mr. Wall asked the Minister for Education and Science if funding has been made available for a new school building (details supplied) in County Kildare; and if she will make a statement on the matter. [39636/05]

Jack Wall

Question:

326 Mr. Wall asked the Minister for Education and Science the situation regarding a school (details supplied) in County Kildare; the future plans in relation to same; when completion of a new building is expected; and if she will make a statement on the matter. [39641/05]

I propose to take Questions Nos. 323 and 326 together.

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

Jack Wall

Question:

324 Mr. Wall asked the Minister for Education and Science if funding has been made available for a new school building (details supplied) in County Kildare; and if she will make a statement on the matter. [39637/05]

Jack Wall

Question:

327 Mr. Wall asked the Minister for Education and Science the situation regarding a school (details supplied) in County Kildare; the future plans in relation to same; when completion is expected; and if she will make a statement on the matter. [39642/05]

I propose to take Questions Nos. 324 and 327 together.

The new eight classroom building project for the school referred to by the Deputy is at an early stage of architectural planning. Earlier this year I announced details of 124 schools to progress through the architectural planning process and among those listed was the building project for the school in question.

My Department's officials wrote to the school authorities on the 28 October 2005 giving approval to proceed to stage 3 — detailed plans-costs — of architectural planning. Pending receipt in the Department of the stage 3 submission from the school authorities, no further progression can be made on this project. Progression of projects to construction will be considered in the context of the school building and modernisation programme 2005-09.

Question No. 325 answered with QuestionNo. 320.
Question No. 326 answered with QuestionNo. 323.
Question No. 327 answered with QuestionNo. 324.
Question No. 328 answered with QuestionNo. 320.

Pupil-Teacher Ratio.

Jack Wall

Question:

329 Mr. Wall asked the Minister for Education and Science the average national class size in both primary and secondary schools here for each of the past five years; and if she will make a statement on the matter. [39644/05]

The most recent data on average class size in primary schools are as follows.

Year

Average Class Size

2000/01

24.5

2001/02

24.2

2002/03

24.0

2003/04

23.9

2004/05

23.9

At post-primary level it is more appropriate to consider pupil-teacher ratio.

The most recent data are as follows:

2000/01

14.3

2001/02

13.9

2002/03

13.7

2003/04

13.6

2004/05

13.4

The Deputy should note that major improvements in school staffing have been made in recent years with the hiring of more than 5,000 additional primary teachers. This represents the largest increase in teacher numbers since the expansion of free education. The annual estimated value of the additional expenditure on these posts is over €200 million. In 1996-97, the average class size in our primary schools was 27. It is now 24. In 1996-97 there was one teacher for every 22 children in our primary schools. Today there is one teacher for every 17 children, the lowest pupil-teacher ratio in the history of the State.

Significant improvements have also been made in the pupil-teacher ratio at post-primary level in recent years. The ratio has fallen from 16:1 in the 1996-97 school year to 13.4:1 in 2004-05. Aside from decreasing average class size, the unprecedented increase in school staffing in recent years has also greatly improved the services provided for children with special needs and those from disadvantaged areas. Under the action plan for tackling disadvantage published earlier this year, there will be a reduction in class sizes of 24:1 at senior level and 20:1 at junior level in 150 primary schools serving communities with the highest concentrations of disadvantage. With more than 600 extra resource teachers put in place this term, children with special needs are getting more support than ever before. It should be acknowledged how much progress has been made in this area in recent years.

There is more to be done to reduce class sizes further. Recently I announced that I have secured sufficient funding to provide even smaller classes in our primary schools in the next school year, and the Minister for Finance has committed to a further reduction in class size in the following year. Accordingly, over the next two years, my Department will put 500 extra teachers into primary schools to reduce class size and to tackle disadvantage. We have consistently said that priority would be given in the first instance to children in disadvantaged schools and those with special needs. We have done this. Now, in line with the Government commitment, mainstream class sizes are also being reduced.

Billy Timmins

Question:

330 Mr. Timmins asked the Minister for Education and Science the pupil-teacher ratio for schools (details supplied); and if she will make a statement on the matter. [39649/05]

The most recent data on pupil-teacher ratio available to my Department relate to the 2004-05 school year. The Deputy was already provided with the information he is now seeking in reply to Question No. 311 on 5 October 2005. Information on the current school year is not yet available.

The Deputy should note that major improvements in school staffing have been made in recent years with the hiring of more than 5,000 additional primary teachers. This represents the largest increase in teacher numbers since the expansion of free education. The annual estimated value of the additional expenditure on these posts is over €200 million.

In 1996-97 the average class size in our primary schools was 27. It is now 24. In 1996-97 there was one teacher for every 22 children in our primary schools. Today there is one teacher for every 17 children, the lowest pupil-teacher ratio in the history of the State.

Aside from decreasing average class size, the unprecedented increase in school staffing in recent years has also greatly improved the services provided for children with special needs and those from disadvantaged areas. Under the action plan for tackling disadvantage published earlier this year, there will be a reduction in class sizes of 24:1 at senior level and 20:1 at junior level in 150 primary schools serving communities with the highest concentrations of disadvantage. With more than 600 extra resource teachers put in place this term, children with special needs are getting more support than ever before. It should be acknowledged how much progress has been made in this area in recent years.

There is more to be done to reduce class sizes further. Recently I announced that I have secured sufficient funding to provide even smaller classes in our primary schools in the next school year, and the Minister for Finance has committed to a further reduction in class size in the following year. Accordingly, over the next two years, my Department will put 500 extra teachers into our schools to reduce class size and to tackle disadvantage. We have consistently said that priority would be given in the first instance to children in disadvantaged schools and those with special needs. We have done this. Now, in line with the Government commitment, mainstream class sizes are also being reduced.

Departmental Agencies.

Jack Wall

Question:

331 Mr. Wall asked the Minister for Defence the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter [39424/05]

There are no agencies or bodies of the type referred to by the Deputy for which I have no responsibility to Dáil Eireann with regard to replying to parliamentary questions for oral or written reply.

Army Training Programme.

Aengus Ó Snodaigh

Question:

332 Aengus Ó Snodaigh asked the Minister for Defence the costs of training the 460 foreign soldiers in the Curragh over the past ten years and the person or body who paid for same. [39523/05]

I have been advised by the military authorities that the cost of training these 460 individuals is not readily available and cannot be readily compiled. The expenditure in terms of time and resources required to research this information would be disproportionate to the public interest in such information.

EU Programmes.

John Perry

Question:

333 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if he will ensure funding for a company (details supplied) under the EU Peace II extension programme; and if he will make a statement on the matter. [39336/05]

Applications for grant assistance under the EU Programme for Peace and Reconciliation, 2000-2006, Peace II, are submitted to, and determined by, relevant county council led task forces, operating under the management of a special EU programmes body based in Belfast. My Department has no function in project approval. I understand that the company in question has already received €125,000 under the Peace II programme, and that a further application for grant assistance is currently being assessed by the Sligo task force.

Local Authority Housing.

Jack Wall

Question:

334 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the number of applications received by local authorities for the provision of isolated cottages in each of the past three years; and if he will make a statement on the matter. [39439/05]

My Department has recently published the results of the 2005 housing needs assessment which indicate that the number of households in need of social housing has fallen by almost 10% from 48,413 households in 2002 to 43,684 households in 2005. A breakdown of the number of households by each local authority is available on my Department's website at www.environ.ie. My Department does not have information on the number of applications made to local authorities for the provision of isolated cottages.

Local Government Funding.

Catherine Murphy

Question:

335 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government when the review by a company (details supplied) into the funding of local government will be published; and if he will make a statement on the matter. [39325/05]

I refer to the reply to Question No. 3 of 29 November 2005. The review report is now being considered interdepartmentally with a view to its early publication.

Planning Issues.

Catherine Murphy

Question:

336 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if a policy directive will issue to local authorities under section 29 of the Planning and Development Act 2000 regarding keeping free from further housing development the open spaces within housing estates that were a requirement under planning law when the permission was granted but were not vested in the local authority and are technically held by the developer; and if he will make a statement on the matter. [39326/05]

It is open to any individual with an interest in the site to make a planning application for a site, notwithstanding the conditions which may have been attached to a previous planning approval. It is the responsibility of the planning authority to make its decision on each planning application having regard to proper planning and sustainable development and the development plan for the area. The planning history of the site would also be considered. It is not intended to issue policy guidelines on this matter at present but I will keep the matter in mind.

Jimmy Deenihan

Question:

337 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent High Court judgment on planning irregularities within Dublin City Council’s planning department including the clear abuse of the planning process by senior planning officials; the action he intends to take to put procedures in place to ensure accountability not only in Dublin City Council but in every local authority in the country to protect persons and to ensure due process exists for all citizens; and if he will make a statement on the matter. [39327/05]

I am aware of the recent judgment referred to. While it would be inappropriate at this stage to comment directly on a case that may yet be the subject of an appeal, it is important that standards and practices of administration should be continuously improved across all planning authorities. The draft development management guidelines, which I published recently for public consultation, are intended to underpin that process.

The guidelines emphasise that planning administration should be governed by the principles of natural justice and fair procedures, including the need to avoid bias or vested interests, to observe procedural fairness, to provide reasons for decisions and to demonstrate consistency. The draft guidelines also underline that to ensure the achievement of good practice in the planning service provided by their organisations, it is primarily the responsibility of the manager and the appropriate director of service. I expect this responsibility to be punctiliously observed by local authority management and that the necessary safeguards are put in place within councils to ensure that high standards are uniformly applied.

My Department will study the judgment closely with a view to possible strengthening of the guidelines now in draft in relation to the above issues.

Local Authority Housing.

Willie Penrose

Question:

338 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government the position with the remedial work scheme in respect of Dalton Park, Mullingar, County Westmeath; and if he will make a statement on the matter. [39328/05]

My Department recently gave approval in principle to Westmeath County Council to refurbish seven housing estates in the county, including Dalton Park in Mullingar, under the remedial works scheme. I understand that the council will undertake a pilot phase on Dalton Park. The council has been requested to draw up detailed plans and costings for Dalton Park for submission to my Department prior to the seeking of tenders.

Departmental Agencies.

Jack Wall

Question:

339 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the agencies or bodies his Department provides funding to or is administratively responsible for, and those agencies and bodies that his Department is responsible for in respect of Government policy; and if he will make a statement on the matter [39425/05]

My Department provides funding to all elected local authorities, 29 county councils, five city councils and 75 town councils. In addition, the following bodies operate under the aegis of my Department.

With the exception of those asterisked, all receive some funding from my Department: Affordable Homes Partnership, An Bord Pleanála, An Chomhairle Leabharlanna, Building Regulations Advisory Body, Comhar, Dublin Docklands Development Authority*, Environmental Protection Agency, Fire Services Council, Heritage Council, Housing Finance Agency*, Irish Water Safety Association, Local Government Computer Services Board*, Local Government Management Services Board*, National Building Agency*, Private Residential Tenancies Board, Radiological Protection Institute of Ireland, Rent Tribunal.

Local Authority Housing.

Jack Wall

Question:

340 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the number of applications for reconstruction loans by local authorities in each of the past three years; and if he will make a statement on the matter. [39440/05]

The number of house improvement loans paid by local authorities in the past three years is set out in the table.

Year

Number of loans paid

2002

502

2003

533

2004

381

Details of the number of applications made to local authorities are not available in my Department.

Jack Wall

Question:

341 Mr. Wall asked the Minister for the Environment, Heritage and Local Government if the cap of €165,000 in regard to shared ownership applications will be increased or raised in view of the cost of housing; and if he will make a statement on the matter. [39441/05]

I recently announced a revised loan limit of €185,000 for social and affordable housing schemes as part of the publication of the new housing policy framework. The new limit will apply from January 2006.

Planning Issues.

Catherine Murphy

Question:

342 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if an amendment to the Planning and Development Act 2000 will be made to allow ownership of a certain portion of the overall number of child care facilities built as a condition of planning permission to be handed over by the developer to the relevant planning authority in order that same can be leased to not for profit community child care groups; and if he will make a statement on the matter. [39446/05]

Planning authorities currently require the provision of at least one child care facility for each 75 dwellings in a new housing area, in accordance with the child care guidelines for planning authorities published in April 2001. Under the Planning and Development Act 2000, planning authorities have extensive powers to provide or facilitate the provision of child care facilities in their functional area, through appropriate strategic planning through the development plan, the setting of appropriate conditions on planning permissions and the use of development contributions to pay for the capital cost of community facilities. I am satisfied that these powers, used proactively, will facilitate an adequate supply of child care places through the planning process and accordingly, it is not proposed to amend the Act in this respect.

Homeless Persons.

Emmet Stagg

Question:

343 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government the number of persons who are homeless and without shelter in Dublin city and who are obliged to sleep in the open each night; if his attention has been drawn to the fact that a number of such persons have died of the cold as a result since the onset of winter; and his plans to provide emergency shelter to prevent further deaths in 2005. [39447/05]

Local authorities and the Health Service Executive are responsible for meeting the accommodation and health care needs of homeless persons. The Government's integrated and preventative strategies on homelessness provide the framework within which the agencies fulfil these responsibilities. Under the terms of the integrated strategy, homeless fora, representatives of the statutory and voluntary homeless sectors, were established at local authority level and homeless action plans, adopted under their aegis, are being implemented. These developments have resulted in the provision of a wide range of additional accommodation and services for homeless persons.

Significant progress has been made in the Dublin area over the past number of years in providing for and improving services to homeless persons. Rough sleepers have been enabled to access emergency accommodation and homeless persons have been facilitated to move out of emergency accommodation into accommodation more suitable to their needs. Increased levels of day care facilities, together with specific provisions to meet the needs of people with addiction problems or who are sleeping rough, as well as homeless ex-offenders, have been put in place.

Rough sleeping is the extreme manifestation of homelessness and statutory and voluntary agencies work in close co-operation to minimise it. In Dublin, where the largest incidence of rough sleeping occurs, Dublin City Council operates a night bus service whereby clients are given access to accommodation and appropriate outreach services. This service, which originally operated as a cold weather response, now operates on a year round basis. An on-line system to facilitate the prompt identification of vacant emergency accommodation on a nightly basis has recently been introduced by the Homeless Agency, with funding from my Department. This will ensure optimum use of the accommodation to meet the needs of rough sleepers. Rough sleeping initiatives also operate in the other main urban areas with specific measures put in place during colder weather if considered necessary.

The continued implementation of a cold weather strategy in the Dublin area by the Homeless Agency with the co-operation of the voluntary service providers serves to minimise the risks posed during this time with the provision of additional shelter and services for rough sleepers. The statutory bodies continue to monitor the level and capacity of service required and seek to ensure that harm reduction measures are at an optimum level at all times. In this regard, I understand that the Homeless Agency, in conjunction with Dublin City Council, is providing additional accommodation in two facilities for the winter months.

I do not consider that recent coverage on homelessness has given a fair and accurate report of all the individual circumstances involved or of the services available and accessed in each case. More generally, there has been a significant decrease in the number of persons reported as sleeping rough. According to Counted In 2002, the assessment of homelessness in the Dublin area undertaken by the Homeless Agency and the ESRI in March 2002, 312 people self-reported that they had slept rough for four nights or more in the previous week. The number of persons self-reporting as having slept rough for four nights or more in the most recent assessment undertaken by the Homeless Agency in 2005 was 185, a decrease of almost 40%. This decrease is due to the continued and focused attention by all agencies involved in the provision of services to ensure that everyone in need of accommodation can access the services relevant to their needs.

The continued provision of adequate funding is of major importance. While the provision of accommodation and related services for homeless persons is the responsibility of local authorities, my Department recoups to them 90% of their expenditure in this area. In 2004, a total of €45.7 million was recouped to local authorities while the allocation for 2005 is €51 million. This brings to €240 million the total funding made available for this purpose since 2000. The Department of Health and Children has provided an additional €106 million in the same period to meet the care needs of homeless persons.

The outcome of the review of the implementation of the homeless strategies and their associated local homeless action plans, which I hope to publish early in the New Year, will inform future policy developments in this area.

Fire Stations.

John Perry

Question:

344 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the ministerial orders or directives he has issued on the provision of a new fire station in Ballymote, County Sligo; if his attention has been drawn to the fact that the present facility is totally inadequate, contravening the health and safety regulations; if his attention has further been drawn to the fact that Ballymote fire station serves a rapidly growing population centre and needs facilities where firefighters can train to further enhance their skills; and if he will make a statement on the matter. [39450/05]

Provision has been made under the fire services capital programme for the Ballymote fire station project to be advanced to construction by the end of 2006. This project will be funded through grant aid from my Department subject to agreement on scale and cost. My Department awaits the submission of design drawings and a cost plan for the project from Sligo County Council. Any issues regarding health and safety at the existing fire station at Ballymote are a matter for Sligo County Council.

Local Authority Housing.

Paul Kehoe

Question:

345 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government his views on whether there is an urgent and growing need for sheltered housing in Enniscorthy, County Wexford; his plans for providing a higher level of capital funding for sheltered housing; and if he will make a statement on the matter. [39505/05]

Local authorities have responsibility for the assessment of housing need within their areas and the development of individual projects at local level to respond to these. All local authorities have developed five year action plans covering the full range of social and affordable housing interventions across the range of needs. My Department has approved these plans for all authorities and these will be subject to review in 2006.

Funding is available for sheltered housing in this context, particularly under the voluntary housing capital assistance scheme, CAS. The administration of that scheme and the certification that particular projects comply with its terms are the responsibility of local authorities, in this particular case Wexford County Council. My Department will give early consideration to the funding of any such proposals for sheltered accommodation in Enniscorthy.

The level of assistance available to approved housing bodies has been subject to review and it is my intention to increase the cost limits applying to CAS projects.

Roads Funding.

Paul Kehoe

Question:

346 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government if he will increase the level of capital funding for secondary roads in County Wexford in view of the dangerous condition of many of these roads in the south and west of the county due to a lack of resources. [39507/05]

The provision of non-national roads, which include local secondary roads, in County Wexford is a matter for Wexford County Council to be funded from its own resources supplemented by grants provided by my Department.

I intend to announce road grant allocations for 2006 in respect of non-national roads early in the new year. When determining allocations, full account will be taken of the needs of all authorities including Wexford County Council.

Responsibility for national roads, which includes national secondary roads, is a matter for the relevant road authority and the National Roads Authority which operates under the aegis of my colleague the Minister for Transport.

Local Authority Housing.

Jack Wall

Question:

347 Mr. Wall asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the need for upgrading works to be carried out on an estate (detailssupplied) in County Kildare; if funding is available to carry out such work; and if he will make a statement on the matter. [39628/05]

Jack Wall

Question:

348 Mr. Wall asked the Minister for the Environment, Heritage and Local Government if his Department will allocate money for environmental works to be carried out on an estate (details supplied) in County Kildare; and if he will make a statement on the matter. [39629/05]

I propose to take Questions Nos. 347 and 348 together.

No proposals for upgrading or environmental works at this location have been received in my Department.

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