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Dáil Éireann debate -
Thursday, 27 Apr 2006

Vol. 618 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.

Garda Ombudsman Commission.

Liz McManus

Question:

8 Ms McManus asked the Minister for Justice, Equality and Law Reform the progress made with regard to the establishment of the Garda Ombudsman Commission; the number of staff recruited to date; when he expects that the commission will be in a position to begin dealing with complaints from the public; and if he will make a statement on the matter. [15649/06]

On 12 December 2005, I made an order under the provisions of the Garda Síochána Act 2005 establishing the Garda Síochána Ombudsman Commission. On 13 December 2005 the Government decided to nominate the following persons for appointment by the President to be members of the Ombudsman Commission: Mr. Justice Kevin Haugh to be chairperson; Ms Carmel Foley and Mr. Conor Brady. Subsequently, resolutions were passed by each House of the Oireachtas, as required by the Act, recommending their appointment, and they were appointed by the President on 10 February 2006.

I am pleased to inform the House that I provided a provisional budget for 2006 of €10 million to the Ombudsman Commission. I draw the attention of Deputies to paragraph 23, page 12 of the Report of the Implementation Review Group on the Garda Síochána Act, chaired by Senator Maurice Hayes, which states that they are satisfied that this provisional budget is adequate.

Under the Act, it is a matter for the Ombudsman Commission to recruit its staff, subject to my consent and the consent of my colleague, the Minister for Finance, as to numbers and grades. A key determining factor in the staff projections of the Ombudsman Commission will undoubtedly be the balance it will strike between directly investigating complaints and referring complaints to the Garda Commissioner for investigation, with or without supervision. The Ombudsman Commission is now in discussions with my Department and the Department of Finance in relation to the filling of a number of senior posts in the organisation, and these discussions should be concluded shortly. The Ombudsman Commission will then have to recruit and train its staff. I expect that this will be a continuing process over the remainder of this year and that it may take up to early next year before the Ombudsman Commission is in a position to start receiving complaints. It will also have to secure permanent accommodation.

I should say that, following its establishment, I arranged to provide the Ombudsman Commission with a small transitional team from the staff of my Department to act as a temporary resource until it secures its permanent staff. I have also provided it with temporary accommodation.

I am satisfied that the members of the Ombudsman Commission are making good progress in preparing the organisation to be ready to start receiving complaints in early 2007 as planned.

Refugee Appeals Tribunal.

Pat Rabbitte

Question:

9 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform his plans to review the organisation or operation of the Refugee Appeals Tribunal; and if he will make a statement on the matter. [15660/06]

As the Deputy will be aware, the Refugee Appeals Tribunal is a statutory independent body established under the Refugee Act 1996 in order to deal with appeals arising from negative recommendations in respect of applications for refugee status issued by the Office of the Refugee Applications Commissioner, ORAC. The tribunal has been in operation since November 2000 and is comprised, at the present time, of a full-time chairperson and 33 part-time members.

The tribunal has undertaken a significant job of work since its establishment, taking some 23,107 decisions up to the end of 2005. It has also been tackling on an ongoing basis the number of appeals on hands and moving from a situation, for example, where on 31 January 2004 it had some 2,596 appeals to clear — some 990 of which were more than six months old — to a situation at the end of December 2005 where it had 1,267 appeals on hands, only 258 of which were more than six months old and a significant number of which are at an advanced stage of processing.

I would like to record my appreciation to the chairperson of the tribunal, its members and staff for their efforts to date in carrying out the important work of the tribunal in meeting the State's obligations under the 1951 Geneva Convention relating to the status of refugees.

As was pointed out in the public consultation document setting out outline policy proposals for an Immigration and Residence Bill issued by me in April 2005, the State is required to introduce a subsidiary protection regime under EU law later this year. Transposition of the relevant EU directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection will be catered for in the Bill, the scheme of which is at an advanced stage of preparation.

This provides an opportunity, of which I intend to avail, to re-examine, in the light of the experience of the last decade, how protection claims are dealt with under present law including at appeals stage. Any proposals which I have for change will be announced in the usual manner in due course.

Juvenile Offenders.

John Gormley

Question:

10 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the reason for his decision to reduce the age of criminal responsibility from 12 years of age to ten years of age; his views on whether his intention to do so will be in direct contravention of the Children Act 2001 and therefore an erosion of 30 years work on the part of groups and individuals concerned with child welfare issues; and if he will make a statement on the matter. [15693/06]

It is not correct to say that the age of criminal responsibility is being reduced from 12 years to ten years of age. The Children Act 2001 proposed to raise the age of criminal responsibility from seven years to 12 years but, as the relevant section was never commenced, the age at present is still seven years. Two problems were encountered in raising the age as envisaged in the 2001 Act. First, because the common law meaning of the age of criminal responsibility is the age of capacity to commit an offence, the offence per se is not available as a ground for intervention in relation to the child. In practical terms this means that there could be no meaningful Garda intervention with children below the age of criminal responsibility, even where such children did not require the services of the Health Service Executive. Second, the original proposal in the 2001 Act would have given ten and 11 year old children total immunity to being dealt with for the most serious offences on the Statute Book.

The amendments to the 2001 Act proposed for inclusion in the Criminal Justice Bill satisfactorily overcome both the problems I have outlined in a fair and balanced way, which mean that for all practical purposes the age of criminal responsibility is being raised to 12 years. By making these changes to the 2001 Act, it has been possible to provide a commencement provision automatically bringing the relevant amendments to that Act into operation three months after the enactment of the Criminal Justice Bill.

Proposed Legislation.

Brendan Howlin

Question:

11 Mr. Howlin asked the Minister for Justice, Equality and Law Reform when he will publish the proposed new Intoxicating Liquor Bill; his views on the call by the AGSI to ban glass containers in night clubs; and if he will make a statement on the matter. [15636/06]

As regards future legislation, the position is that the Government legislative programme provides for publication of the Sale of Alcohol Bill later this year. This Bill will repeal the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replace them with provisions more suited to modern conditions.

While I have no current proposals to prohibit the sale of intoxicating liquor in glass containers while a special exemption order is in operation, this is a matter that could be debated further in the context of the future legislation. I should add that section 11 of the Intoxicating Liquor Act 2003 already provides that a special exemption order may contain such conditions as the District Court thinks proper. Such conditions could include a restriction on the supply of intoxicating liquor in glass containers.

Security Industry.

Ciarán Cuffe

Question:

12 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform his views on imposing a mandatory code of practice for cash-in-transit security companies to replace the voluntary code of practice; and if he will make a statement on the matter. [15688/06]

The Private Security Authority was established under the Private Security Services Act 2004 to regulate the private security industry. One of its principal functions under the Act is to licence companies and persons providing a whole range of security services. The authority has already commenced licensing contractors providing private security services in the door supervisor and security guarding areas as well as licensing for suppliers and installers of intruder alarms.

I understand that the authority proposes to licence all other sectors of the industry on a phased basis including the cash-in-transit sector. It is my understanding that the cash-in-transit licensing will commence later this year.

Last year, I called on the main players in the cash-in-transit sector of the industry, which included the financial institutions, security companies, the Garda Síochána and the Central Bank, to draw up an agreement, on a voluntary basis that would see the industry operating to the highest international standards. The agreement was signed last June and progress towards implementation was made in the course of the last year.

It was intended to introduce licensing of the cash movement sector at the end of a voluntary compliance period where the industry would be given time within which to bring its standards up to the requisite approved standards, which would form the basis for licensing.

Following the recent incidents involving cash-in-transit vehicles I have had discussions with the Garda Commissioner, the chief executive of the Private Security Authority, representatives of the financial institutions, representatives of the cash-in-transit companies and SIPTU, representing workers in the industry. It is quite clear to me, that while some progress has been made, and while considerable moneys are being invested in improving the security of cash movements, a radical lapse in standards had occurred during these incidents. As a result, the chief executive of the Private Security Authority has advised me that she will bring forward proposals for the introduction of mandatory licensing as soon as possible.

I should say to the Deputy that it is not simply a case of replacing the agreed voluntary code of practice with a new one. The objectives of the agreed voluntary code of practice are to ensure the highest standards of operation in the industry and the implementation of integrated end-to-end solutions to create safe secure and efficient cash handling. I understand that adherence to the code of practice will be an integral part of the licensing regime and that companies which do not comply with the code of practice will not be licensed to operate in the cash movement sector.

Garda Investigations.

Joe Costello

Question:

13 Mr. Costello asked the Minister for Justice, Equality and Law Reform the progress made with regard to the Garda investigation into the murder of Ms Donna Cleary in Coolock on 5 March 2006; if a file has been sent to the Director of Public Prosecutions; if persons have been charged in connection with the murder; and if he will make a statement on the matter. [15643/06]

I have been informed by the Garda authorities that the murder of Donna Cleary is under investigation by the gardaí at Coolock Garda station. A number of persons have been arrested and questioned in relation to the murder. To date, no person has been charged. An investigation file is currently being prepared for the Director of Public Prosecution. As the Garda investigation is ongoing, it would be inappropriate for me to comment further at this time.

Garda Deployment.

Brendan Howlin

Question:

14 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if there is an embargo on the recruitment of civilians to fill clerical roles currently carried out by members of the Garda Síochána; if it is intended to lift this embargo; the timeframe envisaged to have all gardaí doing work appropriate to their training; and if he will make a statement on the matter. [15637/06]

Liz McManus

Question:

22 Ms McManus asked the Minister for Justice, Equality and Law Reform the number of posts currently filled by gardaí in respect of the 556 posts identified in the study on civilianisation of the Garda presented in February 2001; the breakdown of the posts still filled by gardaí broken down by location and rank; and if he will make a statement on the matter. [15648/06]

I propose to take Questions Nos. 14 and 22 together.

I refer the Deputies to my reply to Priority Question No. 4, in which I have comprehensively set out the position in relation to the Garda civilianisation issue.

Proposed Legislation.

Ruairí Quinn

Question:

15 Mr. Quinn asked the Minister for Justice, Equality and Law Reform his proposals to reform the law relating to the protection of personal privacy; if the heads of a Bill have been approved by the Government; if so, if he will publish same; when he expects to bring a Bill before the Houses of the Oireachtas; the consultations he is planning prior to the publication of the bill; and if he will make a statement on the matter. [15658/06]

As indicated in the Government legislative programme, announced by the Chief Whip on 24 April 2006, the Privacy Bill is in the course of being drafted by Parliamentary Counsel with a view to being published early in this session.

The Bill will give effect to the recommendations of the working group on privacy chaired by Mr. Brian Murray S.C. The group was established to consider and prepare for the Government an appropriate legislative basis for the protection of privacy which would be consistent with freedom of expression. It was asked to take into account the work of the Law Reform Commission in its final report on privacy, which followed on from an earlier consultation paper prepared by the commission.

As the Deputy will appreciate, consultations and representations will continue as a feature in relation to a Bill following its publication.

Garda Deployment.

Joe Sherlock

Question:

16 Mr. Sherlock asked the Minister for Justice, Equality and Law Reform his plans to increase the number of juvenile liaison officers in view of the proven success in dealing with juvenile offenders; and if he will make a statement on the matter. [15665/06]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that at present there are 94 juvenile liaison officers, JLOs — 86 gardaí and eight sergeants — working in the various divisions throughout the country.

JLOs are responsible for implementing the Garda juvenile diversion programme, which provides an opportunity to divert juvenile offenders from criminal activity. It operates on a nationwide basis under the supervision and direction of the Garda National Juvenile Office, Harcourt Square, Dublin 2. The programme provides that, in certain circumstances, a juvenile under 18 years of age, who freely accepts responsibility for a criminal incident, may be cautioned as an alternative to prosecution.

The Children Act 2001, which came into law in May 2002, gave a statutory basis to the juvenile diversion programme which includes a restorative justice aspect. The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In the more serious cases, juveniles are placed under the supervision of Garda juvenile liaison officers, who are responsible for administering the programme at the local level.

Ongoing evaluation of restorative justice practice is being carried out by the Garda research unit. All Garda juvenile liaison officers have received training in restorative justice and over half have received training in mediation skills. The ongoing development of restorative justice within the juvenile diversion programme has the objective of a significant reduction in the incidence of recidivism.

Garda personnel assignments throughout the country, including JLO assignments, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.

In addition to the juvenile diversion programme, there are also 64 Garda youth diversion projects nationwide, with plans to increase this to 100 by the end of 2007. Garda youth diversion projects are a crime prevention initiative, which adopt a multi-agency partnership approach to tackling crime and anti-social behaviour at community level.

The projects aim to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction with the project. The projects are particularly targeted at ten to 18 year old "at risk" youths in communities where a specific need has been identified.

Citizenship Applications.

Denis Naughten

Question:

17 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the processing time for applications for a certificate of naturalisation; his views on whether it is acceptable that a person should have to wait for such a period; the steps which he is taking to address the situation; and if he will make a statement on the matter. [15671/06]

In my response to the Deputy in Question No. 412 on 4 April 2006, I set out a synopsis of the process involved in considering applications for naturalisation. In this regard, it is important to note that naturalisation is not an entitlement so there is no question of rubber stamping the approval of applications. Naturalisation is a privilege granted at my absolute discretion and I must, therefore, be fully satisfied that all applicants meet the statutory requirements set out in the Irish Nationality and Citizenship Act.

I also provided the Deputy with statistics in my reply to his earlier parliamentary question of the number of applications for naturalisation received in the years 2000 to 2005. These figures illustrate a significant upward trend in the number of applications received during that six year period. With 1,936 applications received to date in 2006, the upward trend looks set to continue and it appears likely that close to 6,000 applications will be received this year.

At the start of 2001, the average processing time for an application for naturalisation was two and a half years. Additional staff were assigned to the citizenship section of the Department and by the beginning of 2002, the average processing time had been reduced to 15 months. However, the processing time started to rise again as my officials began to process the 3,574 applications received in 2002. During 2004 and into early 2005, I doubled the number of staff dealing exclusively with citizenship matters to the current level of 41. This resulted in a stabilising of the processing time at 24 months, notwithstanding the continuing increase in the volume of applications being received. My officials continue to examine ways to reduce processing times but in view of the significant increase in the volume of applications being received it is unlikely that an early reduction can be achieved in the current processing time of 24 months.

Equality Issues.

Martin Ferris

Question:

18 Mr. Ferris asked the Minister for Justice, Equality and Law Reform if he will make a statement detailing the content of discussions between an official in his Department and the Equality Authority referred to by him in reply to a parliamentary question from a Deputy of 9 March 2006; and the steps he intends to take on foot of this discussion to address the shortcomings in this State’s equality provisions identified by the Equality Authority and Commission’s joint report Equivalence in Promoting Equality. [15682/06]

I have been informed that in the reply to Question No. 11 of 9 March 2006 the discussion referred to, between an official of my Department and the Equality Authority, centred on background to production of the authority's report Equivalence in Promotion of Equality. The response of the Minister of State, Deputy Fahey, to Question No. 3 of 2 February 2006 concerning the report was also brought to the attention of the authority.

The position remains as indicated in the response to that question of 2 February 2006 that I do not accept that there are any significant shortfalls in our equality legislation compared to that in Northern Ireland. In terms of legislative coherence, access to tribunals and protection on the ground of sexual orientation, the equality provisions here are in advance of those in Northern Ireland. I do not accept that under the Good Friday Agreement, to ensure equivalence, the Oireachtas is obliged to copy every legislative innovation with a human rights dimension that has been or could conceivably be introduced at some stage in Northern Ireland.

Criminal Prosecutions.

Jim O'Keeffe

Question:

19 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the action he will take to deal with the issues raised by certain State solicitors; the measures he will put in place to ensure that accused persons will face trial and that criminals are not set free unnecessarily; and if he will make a statement on the matter. [15674/06]

I presume the Deputy's question relates to a recent article on the remuneration of State solicitors. I wish to inform the Deputy that I have no function in relation to remuneration of State solicitors. The Chief State Solicitor's office is a constituent element of the Office of the Attorney General.

Garda Remuneration.

Brian O'Shea

Question:

20 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform his views on the high rate of overtime payments to members of the Garda Síochána which amounted to a total of €77 million in 2005; his plans to reduce the level of overtime worked; and if he will make a statement on the matter. [15652/06]

I have no plans at all to reduce the overall level of overtime worked by members of the Garda Síochána. My priority is to enhance the level of front-line policing services to the public, and overtime plays a key role in this.

The nature of Garda work, and the requirement that the Garda authorities respond at short notice to immediate policing demands, mean that overtime expenditure is essential for the purposes of effective policing. That is so even taking into account the major increase in Garda strength currently under way, as the objective of Garda overtime is to allow the Garda Síochána flexibility in responding to circumstances which require personnel resources over and above those available from gardaí on rostered duty.

The Estimate provision for Garda overtime in 2006 is €83.5 million, which represents an increase of €23 million on last year's original allocation. This will greatly aid the planned deployment of a visible policing service in a flexible, effective and targeted way. The sum of €83.5 million in overtime will yield 2.725 million extra man hours of policing by uniformed gardaí and by special units throughout the State. The Garda Commissioner has assured me that this level of resources will enable the force to implement significant targeted intelligence-driven and high-intensity operations against organised crime, especially drug crime. Furthermore, I have made available a further €10 million to the Garda Commissioner for special Garda operations tackling specific forms of crime including burglaries and other offences.

I should also say that the Commissioner has put in place financial controls at all levels within the Garda Síochána, including monthly profiling of overtime expenditure, with a view to obtaining efficiencies and value for money in the use of overtime

Drug Seizures.

Emmet Stagg

Question:

21 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the number of seizures of cocaine, the volume of cocaine seized and the estimated value of the cocaine seized in respect of each of the past five years; if additional measures are planned to combat the spread of cocaine sale and usage; and if he will make a statement on the matter. [15669/06]

Data provided by the Garda authorities concerning the number, volume and value of cocaine seizures for the period 2000 to 2005, inclusive, are summarised in the following table.

Year

Quantity

No. of Cases

Estimated Street Value

kg

2000

18

206

1,260,000

2001

5.3

300

371,000

2002

31.7

429

2,219,000

2003

107.4

566

7,518,000

2004

167.3

753

11,711,000

2005*

242.8

1,045

16,996,000

*Provisional.

The National Drugs Strategy 2001-2008 addresses the problem of drug misuse across a number of pillars, namely, supply reduction, prevention, treatment, rehabilitation and research, and implementation of the strategy across a range of Departments and agencies is co-ordinated by the Department of Community, Rural and Gaeltacht Affairs. The national strategy specifies a number of supply reduction targets for the Garda Síochána in terms of all drug seizures and the Garda continues to achieve considerable successes in relation to these targets.

The Government is aware of the increased prevalence of cocaine usage in recent times and efforts to tackle it are broadly based to include measures aimed at both supply and demand reduction, including awareness initiatives. The prevalence of cocaine usage is a matter of concern and the Garda authorities have taken a number of measures to address the problem.

The Garda national drugs unit and divisional and district drug units comprise resources dedicated to reducing the supply of illicit drugs, including cocaine. These units work closely with locally based units and specialist units, including the Criminal Assets Bureau and the National Bureau of Criminal Investigation.

Garda strategies are aimed at undermining the activities of organised criminal networks involved in the trafficking and distribution of illicit drugs, including cocaine. These strategies include gathering intelligence on individuals and organisations involved in the distribution of drugs, including the support structures underpinning this activity, conducting targeted operations on criminal networks based on intelligence gathered and working in collaboration with other law enforcement agencies both within and outside the jurisdiction to address the national as well as international aspects of drug trafficking and distribution. The Garda authorities advise that these strategies continue to result in operational successes, including successes against cocaine trafficking.

The Government's top policing priority for 2006 is to continue to target organised crime, including drug trafficking, and the trafficking and distribution of all illicit drugs, including cocaine, at local, national and international levels will continue to be vigilantly monitored by the Garda.

The Criminal Justice Bill 2004, which is currently before the Houses of the Oireachtas, provides a comprehensive package of anti-crime measures which will enhance the powers of the Garda in the investigation and prosecution of offences. It contains an essential updating of our law to ensure that criminal offences, including drug offences, can be investigated and prosecuted in a way which is efficient and fair and which meets the needs of modern society. The Bill includes proposals to strengthen existing provisions relating to the ten year mandatory minimum sentence for drug trafficking and for the establishment of a drug offenders register.

Question No. 22 answered with QuestionNo. 14.

Security Industry.

Michael D. Higgins

Question:

23 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the amount taken in raids on security vans in each year from 2002 to 2005 and to date in 2006; the number of such cases in which charges have been laid; if he is satisfied that the Garda have sufficient resources to deal with this plague of robberies and to bring those responsible to justice; and if he will make a statement on the matter. [15645/06]

I am informed by the Garda authorities that the robbery of cash or goods in transit for the years 2002 to 2006, to date, is as outlined in the following table.

Robbery of cash/goods in transit

Year

Recorded

Detected

Proceedings Commenced

Amount taken

2006*

8

2

1

1,514,301.00

2005*

44

10

4

6,235,992.46

2004

60

12

6

2,456,133.18

2003

53

10

2

1,855,383.46

2002

72

19

9

1,568,572.38

* Figures are provisional and liable to change.

I am further informed that the recording system in operation by the Garda Síochána does not specifically identify whether a robbery in transit was from a security van or other type of vehicle.

The Garda authorities are satisfied that adequate measures are in place to deal with this type of criminal activity. Operation Delivery is dedicated to monitoring both the movement of cash-in-transit and ATM machines. Operations Anvil and Steel concentrate on targeting individuals involved in the unlawful carriage of firearms and those involved in criminal activities. These operations have, I am informed by the Garda authorities, been particularly successful and have resulted in the arrest and bringing before the courts of a number of persons for serious armed crime.

The recent incidents highlighted to me that despite a good deal of progress having been made a radical lapse in standards has occurred. I have spoken to the Garda Commissioner and the chief executive of the Private Security Authority to discuss what further can be done to ensure that the cash-in-transit industry in Ireland is operating to the highest international standards. I support the decision of the chief executive of the Private Security Authority who has indicated her intention to bring forward, at the earliest opportunity, mandatory licensing for the cash-in-transit sector.

Garda Strength.

Breeda Moynihan-Cronin

Question:

24 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform if he has received a recommendation from the Garda Commissioner that the full-time strength of the Garda should be increased to 15,000; if he intends to act on the Commissioner’s recommendation; and if he will make a statement on the matter. [15650/06]

I can inform the Deputy that in July 2005, as part of a submission on the future resource requirements of the Garda Síochána, the Garda Commissioner proposed that, on achieving the current target strength of 14,000 members, we should proceed to expand the force to 15,000 members. Other issues in the Commissioner's submission included proposals for additional civilian staff, the establishment of a Garda Reserve, and additional resources for Garda overtime.

On these other issues, I have put in place, with Government approval, a programme of redeployment of civilian staff from elsewhere in the public service to the Garda Síochána, I am proceeding with the establishment of the Garda Reserve, and the allocation in this year's Garda budget for overtime has been very significantly increased.

On the question of the strength of the Garda Síochána, the recruitment drive to increase the strength to 14,000 members in line with the commitment in An Agreed Programme for Government is fully on target. This will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year.

As to the question of continuing the current recruitment drive so as to further increase the strength of the Garda Síochána to 15,000, one of the first tasks I envisage for the new Garda inspectorate will be an assessment of the future resource requirements of the Garda Síochána. The inspectorate, which is provided for in the Garda Síochána Act 2005, will be made up of a chief inspector and two inspectors. The recruitment process is now under way. The purpose of the inspectorate will be to seek to ensure that the resources of the Garda Síochána are used to achieve the highest levels of efficiency and effectiveness, benchmarked against best international police standards. I expect that the inspectorate's assessment will include an evaluation not only of the future case for additional gardaí, but also the case for enhanced civilian support, both administrative and technical, so as to free up gardaí for operational policing, as well as the case for more effective deployment of resources.

It seems that any decision on further increasing the strength of the Garda Síochána beyond the current expansion by 2,000 members, which is an increase in strength of just over 16%, should await the outcome of such an evaluation.

Deportation Orders.

Jack Wall

Question:

25 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of occasions since June 2002 on which aircraft have been chartered to facilitate the deportation of persons from this country; the cost involved in such charters; the number of persons deported in this way; the number who were children; the overall costs involved, including Garda man hours; and if he will make a statement on the matter. [15661/06]

I should first point out that charter flights are not the only means by which persons who are illegally resident here are removed from the State. For example, in 2005, a total of 396 persons were deported from the State, of whom 247 were removed on chartered aircraft and the remaining 149 on scheduled commercial aircraft. A further 209 persons who had first claimed asylum in another EU state were removed to those states in 2005 under the Dublin II Regulations by means of scheduled commercial aircraft and, in a small number of instances, by ferry.

Furthermore, in 2005, a total of 335 persons opted for assisted voluntary repatriation to their countries of origin and these returns were affected on scheduled commercial aircraft. Of these 335 persons, 125 were directly assisted by my Department while the remaining 210 were assisted through the International Organisation for Migration, IOM, by means of specific schemes negotiated and funded by my Department.

In relation to the specific question raised by the Deputy, from January 2002 to date, 22 charter flights have been engaged for the purposes of deportation of persons illegally residing in the State. A total of 675 persons were deported in this way at a total cost of €3,061,223. Details of these charter flights, that is, dates, destinations, numbers deported — broken down into adults and minors, in so far as this information is available — and individual costs are as shown in the table below.

The above costs do not include Garda expenses associated with these removal operations. I am advised by the Garda Commissioner that, given the wide range of immigration duties performed by the Garda Siochána and the Garda National Immigration Bureau in particular, it is not possible to identify the particular pay and overtime costs incurred by the gardaí in relation to these charter flights. However, the Commissioner informs me that charter flights involve a lower ratio of garda escorts to deportees than is the case using conventional scheduled flights, resulting in savings to the Garda budget.

The number of escorting gardaí on each flight varies as it is dependent on a prior risk assessment of each removal operation carried out by the Garda National Immigration Bureau and on the policy of the particular airline. Given the large number of removal operations, it would involve a disproportionate use of Garda time and resources to provide details of the exact escort numbers used in each case. However it is usual for two escorts to accompany a single deportee, with a lower ratio used where more than one person is being removed to the same destination and on board charter flights.

There are two main categories of repatriation charter flights. First, smaller charters are organised to remove disruptive deportees whom commercial airlines will not take on account of previous disruptive behaviour on board aircraft and, second, larger charters organised to return more deportees in a more efficient way. It should also be noted that Ireland does not have direct flights to those destinations where the charters have taken place, with the exception of one exceptional situation where a charter operation was arranged to transfer an extremely disruptive and violent person to Spain.

As the Deputy will appreciate, the alternative to chartering is transiting through hub European airports involving longer transfer times, more inconvenience to deportees and the attendant risk of deportees absconding in transit.

Charter flights, including joint charters shared by two or more countries, are used widely across the European Union as an effective and efficient means of returning persons who are illegally present on the territories of member states following the individual consideration of their cases. The European Council of Ministers adopted a decision in April 2004 facilitating the greater use of joint repatriation flights as a means of demonstrating solidarity among member states, increasing the rate of returns and making more effective use of resources.

Ireland has carried out two such joint operations, namely, with the UK to Romania and Moldova on 18 November 2003 and with The Netherlands on 28 November 2003 to Romania and Bulgaria, details of which are provided in the table below.

It is well established that an effective deportation process is a necessary element of any immigration system. The lack of an effective means to deport persons not granted permission to remain in the State would call into question the integrity of the State's immigration and asylum laws.

In relation to the table below, I wish to point out to the Deputy that the costs given by me in response to recent Dáil queries in respect of the first three charter operations on the table below were overstated. It transpires that in converting the payments from Irish punts to euros an incorrect IR£-€ conversion calculation was made. I wish to apologise to this House for the error and I am notifying the Editor of the Dáíl Debates accordingly.

Date

Destination

No. of non-nationals deported

Cost

Adults

Minors

Total

9 January 2002

Algeria

2

Nil

2

23,490

28 March 2002

Nigeria

6

Nil

6

190,000

14 November 2002

Nigeria

Information not readily available

Information not readily available

12*

151,500

18 November 2003

Romania and Moldova

Information not readily available

Information not readily available

24*

92,490

28 November 2003

Romania and Bulgaria

Information not readily available

Information not readily available

20*

27,800

12 February 2004

Romania

Information not readily available

Information not readily available

62*

93,609

20 February 2004

Gambia

1

Nil

1

50,200

31 March 2004

Romania

49

4

53

71,590

6 April 2004

Nigeria

26

3

29

146,500

26 August 2004

Nigeria

24

1

25

248,610

17 November 2004

Romania and Moldova

56

10

66

82,700

15 December 2004

Romania and Moldova

39

2

41

82,700

15 March, 2005

Nigeria

26

9

35

265,000

1 June 2005

Romania

50

8

58

84,720

5 July 2005

Nigeria

30

16

46

248,300

13 September 2005

Romania and Moldova

46

5

51

87,270

18 October 2005

Nigeria

23

15

38

243,300

8 December 2005

Nigeria

17

2

19

238,850

17 January 2006

Romania and Moldova

42

2

44

91,255

27 January 2006

Spain-Dublin II Regulation transfers

1

Nil

1

43,300

21 February 2006

China

13

Nil

13

255,539

4 April 2006

Nigeria

23

6

29

242,500

*Note (i) A breakdown of the numbers deported between adults and minors is not readily available for these flights.

Detention Centres.

Caoimhghín Ó Caoláin

Question:

26 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform his views on whether the practice of detaining children in St. Patrick’s Institution is in violation of the United Nations Convention on the Rights of the Child and of Children First: National Guidelines for the Protection and Welfare of Children; and if he plans legislation, Government policy or budgetary changes in relation to this matter within the lifetime of this Dáil. [15681/06]

The Children Act 2001 provides for the detention of children aged up to 16 years in children detention schools and children aged 16 and 17 years in children detention centres, separate from adult institutions. These provisions have not been commenced as separate facilities for 16 and 17 year olds are not yet available.

In December of last year Government agreed a series of reforms of the youth justice system, following a review carried out in my Department. The reforms require changes to the Children Act 2001, which are being addressed through amendments to the Criminal Justice Bill 2004, currently at Committee Stage before the House. These changes will include the transfer of the existing detention schools from the remit of the Department of Education and Science to my Department. The result will be a single system of detention for young people under the age of 18.

The amendments to the Children Act will extend the children detention school model to 16 and 17 year olds. The children detention school model, provided for in the Children Act 2001, is designed to address the welfare, education and detention of young offenders in a manner which is based on the needs of the child, and from an age appropriate perspective. It is designed to promote the reintegration of these children into society. It will be completely separate from the adult prison system.

When implemented, management responsibility for children detention services will be located in the Irish Youth Justice Service, an executive office of my Department, which will also have oversight of all other aspects of youth offending responses.

The legislative, operational and administrative changes that are being advanced by it include the transfer of responsibility for the detention of young offenders under 18 years of age who have been sentenced by the courts, from the Department of Education and Science and the Irish Prison Service, to the Youth Justice Service. The net impact of these developments will be the removal of all children in detention under the age of 18 years from facilities run by the Irish Prison Service.

I understand that the Youth Justice Service and the Irish Prison Service will liaise in order to address the administrative details of the transfer of responsibilities.

Prison Building Programme.

Eamon Ryan

Question:

27 Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform if he will reconsider his decision to relocate Mountjoy Prison to the proposed site at Thornton Hall in north County Dublin in view of the potential hardship it will place upon disadvantaged prisoners and their families; and if he will make a statement on the matter. [15696/06]

I do not intend to reconsider my decision to relocate the Mountjoy Prison complex to the Thornton Hall site. As the Deputy is aware Mountjoy Prison needs to be replaced. Conditions in Mountjoy have been severely criticised by the Council Of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. They have also been roundly condemned by the Inspector of Prisons. Redeveloping the existing 20 acre site at Mountjoy is neither financially viable at an estimated cost of well in excess of €400 million nor is it practical from an operational or developmental perspective.

I do not accept the Deputy's assertions that the new location will result in hardship to disadvantaged prisoners and their families. Obviously any change in location may inconvenience visitors-families who reside in the immediate proximity of the current site but equally a new site may prove more convenient for visitors from other areas. The new site at Thornton Hall is suitable in many respects, including the fact that the site is only 10 miles from O'Connell Street, a new motorway is almost complete nearby with access to the M50 and the national motorway network. In addition, consideration will be given to the provision, subject to review, of a bus service to facilitate visitors who do not have their own transport.

The construction of the new facility on a greenfield site will address the inadequate facilities associated with the Mountjoy Prison complex and will, in addition, offer significant improvements in the areas of work training, education, and medical services as well as providing single cell accommodation with in-cell sanitation.

Prison Service Reports.

Aengus Ó Snodaigh

Question:

28 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the recommendations contained in the Irish Prisons Inspectorate Report on St. Patrick’s Institution, 15-19 November 2004, that have to be implemented; the reason they have not been implemented; and if he plans legislation, Government policy or budgetary changes in relation to this matter within the lifetime of this Dáil. [15680/06]

Eight of the 14 recommendations made by the Inspector of Prisons in his report on St. Patrick's Institution are either implemented or substantially implemented. Steps are being taken to implement in the near future four of the other six recommendations, which involve bringing new workshops and educational facilities into operation, accommodating only boys under 18 years of age in the ‘B' division and painting of the walls of the recreation yard. The two remaining recommendations — replacement of St Patrick's with new facilities and separation of remand and sentenced inmates — will be achieved through development of the proposed new prison complex at Thornton, County Dublin.

Claims against Garda Síochána.

Joe Sherlock

Question:

29 Mr. Sherlock asked the Minister for Justice, Equality and Law Reform the amount paid out either in respect of court awards or out of court settlements for claims taken against members of the Garda Síochána regarding assault, unlawful arrest, or other breach of a citizens right in respect of each year from 2002 to 2005 and to date in 2006; the number of cases in which awards were made by the courts and the number of cases which were settled out of court; the number of such cases pending; and if he will make a statement on the matter. [15666/06]

The information requested by the Deputy in relation to court awards and out of court settlements in actions taken against members of the Garda Síochána in respect of assault, unlawful arrest or other breaches of citizens' rights is set out in the table below.

As of 31 December 2003, there were approximately 750 civil actions taken against members of the Garda Síochána on hand. A detailed breakdown of these actions in the form of the number of allegations of assault, unlawful arrest and other breaches of citizens' rights is not readily available. However, a database introduced in 2002 for the purposes of recording civil actions taken against members of the Garda Síochána, indicates that in 2003 — the first complete year for which a detailed breakdown is available — of the 142 actions initiated or received in that year by my Department, there were 34 cases of alleged assault recorded and 38 cases of alleged unlawful arrest recorded. The remaining 70 cases recorded included allegations of defamation and harassment. In the year 2004, 127 actions were initiated-received. They included 40 cases of alleged assault and 26 cases of alleged unlawful arrest. In the year 2005, 109 actions were initiated-received. They include 46 cases of alleged assault and 18 cases of alleged unlawful arrest. In the year 2006 to date 51 actions were initiated-received. They include 16 cases of alleged assault and five cases of alleged unlawful arrest.

Civil actions may be taken by the general public against members of the Garda Síochána for compensation for alleged wrongs and personal injuries inflicted on them by Garda members in the performance of their duties. The highest percentage of these types of civil actions against the Garda Síochána is in relation to assault and unlawful arrest. The majority of these cases have been settled for less than €25,500. Settlement of cases takes place on the advice of the Chief State Solicitor, the Attorney General and State counsel.

The Garda Commissioner has informed me that incidents which result in claims against the State in respect of the actions of gardaí are examined as appropriate with a view to identifying and implementing operational strategies to eliminate or reduce similar claims in the future. The Garda Commissioner has also informed me that the Garda Síochána (Discipline) Regulations 1989 are invoked in appropriate cases where the actions of individual Garda members come into question.

Claims following actions by Gardaí in the performance of their duties.

Year (Total Amount)

Assault

Unlawful Arrest

Other

2002 €1,240,388.40

Awards

1,270 (1)

3,809.21 (1)

56,500 (2)

Settlements

166,924.48 (6)

106,835.58 (10)

185,078.82 (11)

Costs

230,769.67

148,714.19

340,486.45

Total

398,964.15

259,358.98

582,065.27

2003 €1,276,127.55

Awards

11,000 (1)

10,000 (2)

4,870 (2)

Settlements

75,000 (4)

303,011 (5)

112,814.84 (4)

Costs

€145,561.70

71,794.28

542,075.73

Total

231,561.70

384,805.28

659,760.57

2004 €938,799.09

Awards

15,000 (1)

0

3,215.06 (1)

Settlements

198,697.48 (5)

73,007 (5)

50,500 (3)

Costs

231,646.62

100,019.36

266,713.57

Total

445,344.10

173,026.36

320,428.63

2005 (Provisional) €4,870,233.53

Awards

1,000.00 (1)

2,025,321.00 (8)

85,125.00 (2)

Settlements

130,250.00 (7)

1,569,114.00 (9)

58,000 (2)

Costs

137,447.90 (10)

658,508.78 (10)

205,466.85 (15)

Total

268,697.90

4,252,943.78

348,591.85

2006 as of 24/04/2006 €260,683.29 (Provisional)

Awards

Settlements

157,500.00 (5)

49,000.00 (4)

Costs

22,668.21(5)

21,159.96(4)

10,355.12 (3)

Total

180,168.21

70,159.96

10,355.12

Garda Equipment.

Willie Penrose

Question:

30 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the number of Garda stations equipped for the video recording of interviews with suspects; the percentage of all stations this represents; if there are plans to equip further Garda stations; and if he will make a statement on the matter. [15656/06]

I am advised by the Garda authorities that 131 Garda stations out of a total of 703 stations have video interview recording facilities — 18.63% of the total. It important to state that only a proportion of these have detention facilities. In its third report dated September, 2004, the steering committee on audio video recording of Garda questioning of detained persons reported that there was a total of 167 Garda stations with detention facilities that are used to detain and interview people. Where a Garda station is not equipped with an audio-video system, a person to be interviewed in accordance with the regulations will be taken to the nearest Garda station with such equipment.

In this regard, it should be noted that it was never the intention that all Garda stations would be equipped to carry out audio-video recording of interviews. Rather the intention was that a sufficient number of interview rooms in Garda stations across the country be equipped to provide a broad nationwide coverage. In this context, the Garda authorities have advised me that, in June 2005, a Garda survey indicated that 98.1% of interviews as specified in the regulations were being recorded. Interviews are not recorded mainly because either the arrested person declines to have the interview recorded or the equipment is already in use or is otherwise unavailable.

With regard to future and additional requirements I am advised that the Garda Commissioner is proceeding to prepare a tender for issue to the market for the provision of additional audio video systems.

Crime Levels.

Róisín Shortall

Question:

31 Ms Shortall asked the Minister for Justice, Equality and Law Reform his views on the findings of the survey commissioned by his Department which found that 85% of those polled were either very concerned or fairly concerned about current levels of crime; the action he intends to take arising from the survey to deal with these public concerns and ensure that the public receive adequate protection from crime; and if he will make a statement on the matter. [15640/06]

The Deputy refers to the survey into public attitudes on crime and law enforcement which was conducted by TNS mrbi on behalf of my Department.

Looking at long- term crime trends, the level of headline crime in 2005 was lower than that in 2003 by 1.6% and that in 2002 by 4.4%. Furthermore, in 1995, when we had a population of almost 3.6 million, there were 29 crimes per 1,000 of the population, while in 2005, with a population of over 4.1 million, there were 24.6 crimes per 1,000 of the population. This represents a 15% decrease in crimes per 1,000 of the population.

I am determined that disturbing trends will be addressed as they are identified and, despite an increasing population, we should continue to enjoy relatively low crime rates. High on the Government's list of policing priorities for 2006, which have been incorporated into the Garda Síochána policing plan, is the continued targeting of organised crime, including drug trafficking and the gun culture associated with it through the use of specialist units and targeted, intelligence-led operations. Garda strategies are in place for dealing with drug offences which are designed to undermine the activities of organised criminal networks involved in the trafficking and distribution of illicit drugs. These strategies include gathering intelligence on individuals and organisations involved in the distribution of drugs, conducting targeted operations on criminal networks based on intelligence gathered and working in collaboration with other law enforcement agencies, both within and outside the jurisdiction, to address the national and international aspects of drug trafficking and distribution. These strategies continue to result in operational successes.

While it is the case that a number of the increases in headline crime statistics reflect increased enforcement activity on the part of the Garda Síochána, the overall picture indicates there is no room for complacency. The Government's decision to continue to devote unprecedented resources to the fight against crime shows that it is not complacent, as does my insistence that those resources be deployed at the front line of policing in the State.

The Garda Síochána this year has the highest level of resources in its history. A sum of €1,290 million has been allocated, which is an increase of €146 million or 13% on 2005 and of over 100% on 1997. The provision for Garda overtime in 2006 is €83.5 million, which is an increase of €23 million on the allocation for 2005. This latter increase is greatly assisting the planned deployment of a visible policing service in a flexible, effective and targeted response to criminal activity and to crime prevention. The €83.5 million in overtime will yield 2.725 million extra hours of policing by uniformed and special units throughout the State.

Implementation is well advanced on the Government's decision of October 2004 to approve the recruitment of 2,000 additional gardaí to increase the strength of the force to 14,000. As a result, there will be a combined organisational strength, of both attested gardaí and recruits in training, of 14,000 in 2006 and 14,000 attested gardaí in two years' time. The Commissioner is now drawing up plans on how best to distribute and manage these additional resources in the areas where they are most needed. I have already promised that the additional gardaí will not be put on administrative duties but will be put directly into front line, operational, high-visibility policing. I am pleased to inform the Deputy that the first group of newly attested gardaí under the accelerated recruitment programme came on stream in March and a further 275 newly attested gardaí will come on stream every 90 days from here on in.

The Criminal Justice Bill 2004, which is currently before the Select Committee on Justice, Equality, Defence and Women's Rights, provides a comprehensive package of anti-crime measures which will enhance the powers of the Garda Síochána in the investigation and prosecution of offences. It updates our laws to ensure that criminal offences can be investigated and prosecuted in a way which is efficient and fair and which meets the needs of modern society. It addresses such matters as the preservation of crime scenes, increased periods of detention in the case of arrestable offences, a general power of search in connection with all arrestable offences and powers for the Garda Síochána to issue search warrants in circumstances of urgency. The Bill also contains amendments to the Criminal Justice (Forensic Evidence) Act, 1990, with provision for a fixed penalty procedure in respect of certain lesser public order offences and the admissibility of statements by witnesses who subsequently refuse to testify or who retract their original statements.

It is widely acknowledged that our legislative provisions for tackling crime, especially serious and organised crime, is already one of the toughest in Europe. Nevertheless, I have brought forward a range of proposed additions to the Bill. Among these are the creation of criminal offences in connection with organised crime, the strengthening of provisions on the imposition of the ten year mandatory minimum sentence for drug trafficking, new offences of supplying drugs to prisons as well as provisions for the establishment of a drug offenders register, provisions for dealing with anti-social behaviour, and provision to deal with the Supreme Court decision that a judge could not issue warrants if he or she was outside his or her district. Further additions include new provisions to allow the courts to suspend or partially suspend or to adjourn sentences on conditions which will motivate the offender to stay away from crime, such as participation in drug treatment programmes and provision to allow for restriction of movement orders including electronic monitoring.

Due to my concern about firearms in general and in order to ensure public safety and security, I propose to bring forward a wide range of amendments to the Firearms Acts 1925 to 2000 in the context of the Criminal Justice Bill. Included in these new proposals are measures which will require all persons wishing to legally hold a firearm to satisfy the Garda Síochána that they have provided secure accommodation for the firearm. Further proposed measures will allow the Minister to deem certain firearms as restricted by reference to specific criteria, including the calibre, action type and muzzle energy of the firearm. In future any person wishing to obtain a certificate for such a firearm will have to apply directly to the Garda Commissioner. The Bill will introduce new offences concerning the modification of firearms such as sawing-off a shotgun and increase fines and penalties generally for offences under the Firearms Acts. It will also create mandatory minimum sentences, of between five and ten years, for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle, and use or production of a firearm to resist arrest.

I also intend to introduce a statutory basis for an amnesty during which firearms may be surrendered to the Garda Síochána before new penalties and minimum mandatory sentences are introduced. This will enable those in possession of firearms, who are not in compliance with the legal requirements, to regularise their position, thus enabling the Garda Síochána to concentrate on more serious offenders.

A comprehensive package of proposals on juvenile justice issues has been brought forward by means of Committee Stage amendments to the Criminal Justice Bill by my colleague, the Minister of State with special responsibility for children, Deputy Brian Lenihan.

The enactment of this Bill is a top priority and I hope to see it on the Statute Book by the summer. I assure the Deputy that the legal, operational measures and resources in place to tackle crime are kept under continuing review and any further measures and resources which are required will be made available.

Garda Training.

Jan O'Sullivan

Question:

32 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform the number of members of the Garda trained and authorised to use firearms; if his attention has been drawn to concerns expressed at the recent annual conference of the AGSI that firearms training for members was so poor that it was putting members lives at risk; the steps he intends to take to deal with this situation; and if he will make a statement on the matter. [15655/06]

Firearms training forms part of all specialist training conducted by the specialist training unit under the authority of the Garda college. I am advised by the Garda authorities that they have the use of 12 Army firing ranges, countrywide, to facilitate Garda firearms training.

The number of gardaí who carry arms on duty at any particular time is an operational matter for the Commissioner. I have made it clear in the past that the traditional unarmed character of the Garda Síochána has always been one of its key strengths in maintaining its public reputation as an approachable force which polices by consent and not by fear. That is a tradition which any reasonable member of the public would want to see continued. Instruction governing the use of firearms and practical or tactical training is provided for each firearm on issue to the Garda Síochána. Members must achieve the necessary skills and standards to meet the aims and objectives for each firearms course. There is also an ongoing annual re-certification programme, which includes refresher training.

Members of the Garda Síochána who successfully complete the relevant firearms training course are issued with a certificate of competency in the particular firearm. In order to carry a firearm on duty, the member's chief superintendent must issue the member with a firearm authorisation card. The total number of firearms cards issued for the year ending 31 December 2005 was 3,631. Responsibility for the use of a firearm rests with the individual garda in accordance with the instructions.

Discussions have been ongoing with the Defence Forces regarding the future use of their facilities. In this regard, the Garda authorities have submitted proposals to my Department for the future provision of two Garda firearm training facilities. These proposals are being progressed as a matter of urgency.

It is intended to provide a new centre of excellence for the Garda college. This centre will cater for a broad range of training requirements for the force, including facilities for firearms training. A number of possible sites for this development have been identified and are currently being assessed by the Office of Public Works.

In addition, it is intended to totally refurbish and update the indoor firing range in Garda headquarters and to this end, the Garda authorities have been working with an external consultant with expertise in this area and a report will be submitted to the Garda Commissioner shortly. Once the Commissioner has considered the report, I expect a proposal to be submitted to my Department.

Garda Investigations.

Seán Ryan

Question:

33 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the progress made in the Garda investigation into the murder of Mr. Denis Donaldson in County Donegal on 4 April 2006; and if he will make a statement on the matter. [15663/06]

I am informed by the Garda authorities that the murder investigation is ongoing. The Garda investigation team has been supplemented by members from the Garda national support services and co-operation with the Police Service of Northern Ireland is ongoing.

Michael D. Higgins

Question:

34 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the progress which has been made in the Garda investigation into two robberies of security vans in Dublin during March 2005 in which more than €4 million was taken; if the Garda investigation has been completed; if a file has been sent to the Director of Public Prosecutions; if persons have been charged in connection with these offences; and if he will make a statement on the matter. [15644/06]

I am informed by the Garda authorities that the investigation into one of these robberies has been completed and the investigation file submitted to the law officers. The investigation into the second incident is continuing and the investigation file is being prepared for submission to the law officers.

Garda Reserve.

Aengus Ó Snodaigh

Question:

35 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform when he intends to publish the final regulations relating to the proposed volunteer Garda reserve force and seek Houses of the Oireachtas approval for same. [15678/06]

I refer the Deputy to my response to priority Questions Nos. 3 and 5, respectively, of today's date.

Crime Levels.

Joe Costello

Question:

36 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used from 1998 to 2005 and to date in 2006; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [15642/06]

Bernard J. Durkan

Question:

155 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of gun-related crimes reported in the past 12 months; the number of convictions arising therefrom; and if he will make a statement on the matter. [15903/06]

I propose to answer Questions Nos. 36 and 155 together.

I regret that it has not been possible to obtain the information requested by the Deputies in the time available but I will be in touch with them when it becomes available.

Irish Prison Service.

Martin Ferris

Question:

37 Mr. Ferris asked the Minister for Justice, Equality and Law Reform the recommendations of the St. Patrick’s Institution business plan 2003 that have to be implemented; the reason they have not been implemented; and if he plans legislation, Government policy or budgetary changes in relation to this matter within the lifetime of this Dáil. [15679/06]

Most strategies from the business plan in question have been either partly or fully implemented. Where problems have arisen they have related mainly to the need to impose financial restrictions across the Prison Service in recent years against the backdrop of the industrial relations situation prior to agreement with the Prison Officers' Association on the proposal for organisational change in the Irish Prison Service. While every effort was made to minimise the impact of these restrictions, there was disruption to prisoner programmes and curtailment of planned initiatives. This situation is being reversed as the organisational change programme becomes established and is brought into full operation.

In this regard, the re-opening of newly renovated workshops and the assignment of newly created industrial supervisor posts in the coming weeks will facilitate progress in this area. It is also hoped to bring new education facilities at St. Patrick's into operation in the near future. I have been assured by the director general of the Irish Prison Service that he regards the issue of the regime for prisoners in St. Patrick's as a major priority.

Anti-Social Behaviour Orders.

Trevor Sargent

Question:

38 Mr. Sargent asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to recent concerns voiced by the chief executive of Barnardos UK with regard to the routine use of anti-social behaviour orders in the United Kingdom (details supplied); the assurances he will provide that anti-social behaviour orders will be used as a measure of last resort if introduced here; and if he will make a statement on the matter. [15698/06]

I have recently brought forward proposals concerning anti-social behaviour, including anti-social behaviour orders, as Committee Stage amendments to the Criminal Justice Bill 2004.

The Deputy refers to the concerns expressed by the chief executive of Barnardos UK regarding the alleged routine use of anti-social behaviour orders for children in that jurisdiction.

I assure the Deputy that in formulating my proposals I have examined the UK law and its application closely. I have worked closely with my colleague, the Minister of State with responsibility for children, Deputy Brian Lenihan, in preparing my proposals. The Deputy will be aware that, unlike the position in the UK, the proposals Deputy Lenihan and I have brought forward will establish separate arrangements with regard to adults and children. This ensures that elements are included in the arrangements pertaining to children that are appropriate to their circumstances and needs.

While the UK approach is considered to have provided welcome relief to many communities I am aware that it has been the subject of some criticisms, in particular that anti-social behaviour orders have been used in inappropriate cases. Having regard to these criticisms, the proposals to be included in the Criminal Justice Bill do not follow the UK model in many respects. In particular the proposals, in the case of both adults and children, incorporate a range of safeguards to ensure that anti-social behaviour orders will only be sought as a last resort. The definition of anti-social behaviour is designed to ensure that the orders are used to meet the real and serious needs of communities. Only the Garda Síochána, of at least superintendent rank, will be empowered to apply to the courts for orders, whereas in the UK, local authorities may also apply. Before the making of an application for an order may be considered, there will first be an explicit duty to formally warn a person to cease the offending behaviour, which is not the case in the UK. The court will be able to grant legal aid in appropriate cases and may only grant the application if it considers an order is a reasonable and proportionate remedy. The orders will operate for a maximum of two years, unlike the UK where they operate for a minimum of two years. Full rights to appeal against an order or to have it varied are being provided and the penalties for breach of an order will be a maximum of six months imprisonment. In the UK, the maximum penalty is five years' imprisonment.

The Minister of State with responsibility for children, Deputy Brian Lenihan, has brought forward separate proposals to amend the Criminal Justice Bill 2004 to deal with anti-social behaviour by children, that is, persons aged 12 but under 18. Those proposals are framed in the context of the overall philosophy and policy that underpins the Children Act 2001 and therefore contain additional features to the proposals in relation to adults. Every effort is made to provide an opportunity for the child and his or her parents or guardians to address the behavioural problems in a way that minimises contact with the criminal justice system. For instance, where a child has been issued with a behaviour warning by a garda, the local superintendent, on the basis of a report from a garda in the district, may convene a meeting to discuss the child's behaviour. The meeting will be attended by the child, his or her parents or guardian, the garda who issued the warning and, as appropriate, the juvenile liaison officer and any other person whom the superintendent thinks may assist the child. The meeting may result in a good behaviour contract. The question of admitting the child to the diversion programme or making an application to the courts for a behaviour order only arises where the superintendent, having considered the report from the garda in the district, does not consider that convening a meeting would help to prevent anti-social behaviour by the child concerned or the meeting was convened but a good behaviour contract was not prepared because the child or the parents or guardians refused to give the necessary undertakings or the child breached an undertaking given by him or her. Parents or guardians are to be involved at all important stages of the procedures.

It will be clear from the foregoing that the whole thrust of my proposals with regard to both adults and children is that an application to the courts for an order will arise only as a last resort. It will also be clear that the proposals concerning children already deal with many of the concerns raised by the chief executive of Barnardos regarding the operation of anti-social behaviour orders for children in the UK.

Garda Deployment.

Joan Burton

Question:

39 Ms Burton asked the Minister for Justice, Equality and Law Reform the number of community gardaí currently deployed; the location of these community gardaí; if there is a set minimum period for community gardaí to establish themselves in an area; and if he will make a statement on the matter. [15638/06]

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 Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

The number and location of community gardaí throughout the country, as at 31 March 2006, is as follows:

Station

Strength

Dublin Metropolitan Region, south central

Kevin Street

7

Kilmainham

5

Pearse Street

13

Harcourt Tce.

4

Donnybrook

3

Irishtown

2

Total

34

Dublin Metropolitan Region, north central

Store Street

25

Bridewell

15

Fitzgibbon Street

13

Mountjoy

10

Total

63

Dublin Metropolitan Region, north

Santry

4

Whitehall

5

Ballymun

9

Raheny

5

Clontarf

6

Howth

5

Coolock

9

Swords

11

Malahide

4

Total

58

Dublin Metropolitan Region, east

Dun Laoghaire

5

Dalkey

2

Cabinteeley

5

Kill-O-Grange

3

Bray

14

Shankill

9

Greystones

6

Blackrock

7

Dundrum

6

Stepaside

2

Total

59

Dublin Metropolitan Region, south

Crumlin

5

Sundrive Road

5

Tallaght

21

Rathfarnham

5

Rathmines

3

Terenure

7

Total

45

Dublin Metropolitan Region, west

Cabra

5

Finglas

10

Blanchardstown

17

Lucan

6

Leixlip

3

Ronanstown

12

Ballyfermot

8

Clondalkin

10

Rathcoole

1

Total

72

Waterford/Kilkenny

Waterford

8

Kilkenny

1

Total

9

Tipperary

Nenagh

2

Borrisokane

2

Dolla

1

Tommevara

1

Portroe

1

Terryglass

1

Balingarry

1

Cloughjordan

1

Total

10

Cork City

Anglesea Street

4

Barrack Street

2

Blackrock

1

Bridewell

1

Watercourse Road

2

Mayfield

2

Mallow Road

1

Togher

2

Bishopstown

1

Douglas

1

Carrigaline

1

Gurranbraher

3

Ballincollig

1

Total

22

Cork North

Fermoy

1

Mallow

1

Total

2

Kerry

Tralee

3

Total

3

Limerick

Henry Street

13

Mary Street

1

Mayorstone

3

Roxboro Road

7

Total

24

Donegal

Letterkenny

3

Total

3

Cavan/Monaghan

Monaghan

2

Cavan

1

Total

3

Sligo/Leitrim

Sligo

6

Total

6

Galway

Galway

11

Salthill

2

Total

13

Longford/Westmeath

Athlone

2

Mullingar

5

Total

7

Louth/Meath

Ashbourne

2

Drogheda

1

Dundalk

3

Navan

2

Balbriggan

1

Total

9

Carlow/Kildare

Naas

3

Total

3

It is the responsibility of each divisional officer to allocate personnel within his or her division in order to provide the best possible service to the public throughout the division. In this regard, personnel assigned throughout the country, together with overall strategic and operational strategy are continually monitored and reviewed.

Garda management states that the deployment of gardaí in the role of community gardaí is the remit of local Garda management. Members engaged in community policing can vary widely from place to place and over time. Garda management further states that there is no set minimum period for community gardaí to establish themselves in an area.

Garda Reserve.

John Gormley

Question:

40 Mr. Gormley asked the Minister for Justice, Equality and Law Reform whether it is appropriate to begin recruiting for the Garda Siochána reserve in May 2006 in view of the ongoing refusal of the Association of Garda Sergeants and Inspectors and the Garda Representative Association to co-operate with the reserve; his views on postponing this recruitment drive until such a time as there is agreement among rank and file gardaí on the reserve; and if he will make a statement on the matter. [15694/06]

I refer the Deputy to my response to priority Questions Nos. 3 and 5, respectively, of today's date.

Garda Deployment.

Paul Nicholas Gogarty

Question:

41 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to the Dublin metropolitan district at the year end for each of the past ten years for which figures are available; and if he will make a statement on the matter. [15691/06]

I presume that the Deputy is referring to the Dublin metropolitan region.

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 Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

The personnel strength, all ranks, of the Dublin metropolitan region as at 31 December, 1996 to 2005, inclusive, is as set out in the table hereunder:

Year

Strength

31/12/96

3,529

31/12/97

3,408

31/12/98

3,404

31/12/99

3,439

31/12/00

3,520

31/12/01

3,479

31/12/02

3,516

31/12/03

3,580

31/12/04

3,740

31/12/05

3,749

The Dublin metropolitan region's resources are further augmented by a number of Garda national units such as the Garda National Immigration Bureau, the Criminal Assets Bureau and other specialised units which operate extensively, but not exclusively, in Dublin.

Care must be taken in any comparison of Garda strength at fixed dates, such as the end of each year. For example, the figure of 3,749 for the end of 2005 does not include 50 personnel from uniform service in Dublin stations who were transferred to the National Bureau of Criminal Investigations in November 2005 to deal exclusively with criminals involved in gun crime in the Dublin metropolitan region. Nor does it include a further nine personnel who were allocated to the other national units.

It is also the case that comparisons using different dates can yield different results. For example, Garda strength in the Dublin metropolitan region last month was 3,801 compared to 3,685 in March of 2005, an increase of 116. The figure for last month does not include the 59 personnel transferred to the National Bureau of Criminal Investigations and other national Dublin-based units.

There are also 147 officers in the Dublin traffic unit and 99 officers in Dublin command and control. This brings the overall strength in the Dublin region to over 4,040 personnel. This does not the include hundreds of officers in special units who operate extensively, but not exclusively in Dublin.

A particular factor in fluctuations in Garda strength is the fact that while Garda retirements are spread throughout the year, Garda attestations, where recruits become sworn members of the force, only take place four times a year, leading to step increases in strength. Clearly, comparisons of strength can vary significantly depending on how close to an attestation they are made. What matters is the trend in Garda strength and that trend is now significantly upward. Garda strength is now more than 16% higher than at June 1997. In addition, the recruitment drive to increase the strength of the force to 14,000 members, in line with the commitment in An Agreed Programme for Government, is fully on target. This will lead to a combined strength of both attested gardaí and recruits in training, of 14,000 by the end of the year.

The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources, and in this context the needs of the Dublin metropolitan region will be given the fullest consideration.

Garda Investigations.

Jack Wall

Question:

42 Mr. Wall asked the Minister for Justice, Equality and Law Reform the progress made with regard to the Garda investigations into the major money laundering operation uncovered in early 2005; if a file has been sent to the Director of Public Prosecutions; his plans to amend the Criminal Justice Act 1994 concerning money laundering; and if he will make a statement on the matter. [15662/06]

An investigation file on the matter has been submitted to the Director of Public Prosecutions and further inquiries are also being conducted.

Ireland's anti-money laundering legislation and other measures were evaluated recently by the financial action task force, the leading international anti-money laundering organisation. The report of that evaluation contained a number of recommendations.

The amendments to the criminal law which would be needed to implement these recommendations are being assessed by my Department, in consultation with the Office of the Attorney General. These amendments are being evaluated in conjunction with those arising from the provisions of the third EU anti-money laundering directive, which was agreed in late 2005. Any legislative proposals will be submitted to Government for approval in the normal way.

Human Rights Issues.

Arthur Morgan

Question:

43 Mr. Morgan asked the Minister for Justice, Equality and Law Reform his views on whether this State’s laws governing immigration-related detention do not fully conform with international human rights standards; and, if so, the steps he intends to take to rectify this situation. [15683/06]

I assume the Deputy is referring specifically to section 5(6)(a) of the Immigration Act 1999, which provides that a person who is the subject of a deportation order may, in certain circumstances, be detained for a period not exceeding eight weeks in aggregate. For the reasons set out below I am satisfied that this law fully conforms with international human rights standards.

It is important to point out that persons who are made the subject of a deportation order are first given the opportunity to voluntarily report to the Garda National Immigration Bureau for the purposes of arranging their deportation from the State. Persons who comply with the reporting requirements will not be arrested and detained.

Under section 3(10) of the Immigration Act 1999, as amended, a person who contravenes a provision of a deportation order or a requirement to report to the Garda National Immigration Bureau is deemed to be guilty of an offence. Section 5(1) of the same Act provides that such a person may be arrested and detained for the purposes of deportation. In accordance with the provisions of section 5(6)(a) of the Act, the period of detention may not exceed eight weeks in aggregate. Most persons, however, are detained for periods of less than eight weeks because the sole purpose of the detention is to ensure that the person will co-operate in making arrangements, such as securing travel documents and so forth.

The eight-week detention period can be suspended for a number of reasons, including the challenging of the validity of the deportation order in court proceedings, as provided for in section 5(6)(b) of the Act. In such a circumstance, the court may decide to release the person on condition that he or she resides at a particular address, reports at regular intervals to the Garda Siochána or surrenders any passport or travel document in his or her possession. This ensures that a person will not be left in detention for an extended period awaiting the court’s hearing of his or her case.

The Supreme Court has considered the constitutionality of certain amendments to the Immigration Act 1999, including the extended grounds for detention as now provided for in section 5(1) in the Act, as referred to above. The court's decision of 28 August 2000 held, with regard to detention on foot of a deportation order, that "in all the circumstances the safeguards which do in fact exist and which will be outlined further in this judgement are perfectly adequate to meet the requirements of the Constitution.".

The safeguards to which the court referred include the right to challenge, by judicial review, the validity of the deportation order. Moreover, the court held that the extended grounds for detention would not contravene Article 5 of the European Convention on Human Rights and Fundamental Freedoms.

In light of the Supreme Court's findings in this area, I am satisfied that the State's laws governing immigration-related detention are in full conformity with international human rights standards and I do not propose to make any legislative change in this area.

Firearms Amnesty.

Eamon Ryan

Question:

44 Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform if he remains confident in his plans for the introduction of a firearms amnesty in view of recent comments from the Association of Garda Sergeants and Inspectors that the amnesty will not encourage criminals to give up their weapons; and if he will make a statement on the matter. [15695/06]

I propose bringing forward a range of measures to strengthen the law governing the control of firearms in the Criminal Justice Bill, 2004, which is currently before the House. These new measures include increases in fines and penalties generally for offences under the Firearms Acts and the creation of mandatory minimum sentences, of between five and ten years, for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle, and use or production of a firearm to resist arrest.

In this context I also propose to introduce a statutory basis for an amnesty during which firearms may be surrendered to the Garda Síochána before the proposed new penalties and minimum mandatory sentences are introduced. This will enable those in possession of firearms, who are not in compliance with the legal requirements, to regularise their position, thus enabling the Garda Síochána to concentrate on more serious offenders.

Organised Crime.

Bernard J. Durkan

Question:

45 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if, having regard to the obvious increase in organised crime, he will ensure the allocation of sufficient personnel, technology, expertise and resources to combating the problem; if his attention has been drawn to the need for immediate action in this regard; and if he will make a statement on the matter. [15677/06]

The Government's top policing priority for 2006 is to continue to target organised crime, including drug trafficking and the gun culture associated with it, through the use of specialist units and targeted, intelligence-led operations. I assure the Deputy that I am in regular contact with the Garda Commissioner in order to keep the measures and resources for tackling serious crime under continuing review and to this end, I will continue to ensure that every necessary resource is made available to the Garda Síochána.

In this regard, 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 Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

The recruitment drive to increase the strength of the Garda Síochána to 14,000 members in line with the commitment in An Agreed Programme for Government is fully on target. This will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year. I am pleased to inform the Deputy that the first group of newly attested gardaí under the accelerated recruitment programme came on stream in March and a further 275 newly attested gardaí will come on stream every 90 days from here on in.

In financial terms, too, the Garda Síochána has never been as well resourced, with the 2006 budget at an historic high of €1.275 billion. In particular, the 2006 overtime allocation has risen to €83.5 million, which represents a major increase of 36.6% over the allocation of €61.1 million for 2005 and will allow the Garda Síochána to intensify further its crime detection and investigation capabilities.

Operation Anvil commenced in the Dublin metropolitan region on 17 May 2005 with a view to addressing the problem of serious crime such as gun crime, robberies and burglaries and combating an emerging gun culture. At my request, Operation Anvil is being extended outside the Dublin metropolitan region during 2006. I have also obtained funding to enable Operation Anvil to continue as long as it is deemed necessary in operational policing terms. Operation anvil has contributed to encouraging successes across a number of headings. As of 23 April this year, 505 firearms have been seized or recovered and 2,314 arrests have been made.

The Garda Síochána employs a range of techniques and expertise in the fight against organised crime. The establishment of specialist Garda units, operating under the assistant commissioner in charge of national support services, has enabled the Garda Síochána to tackle organised crime more effectively. The National Bureau of Criminal Investigation is the Garda specialist unit charged with the role of tackling organised crime. It carries out this role by conducting intelligence-driven operations in close co-operation with other specialist units including the Garda national drugs unit, the Garda bureau of fraud investigation and the Criminal Assets Bureau.

The Garda authorities are also satisfied that the technology required to assist in the fight against crime is available to them. The Garda Síochána constantly evaluates all available technology with a view to determining the technology best suited to its needs. Significant resources are being invested in technology for the Garda Síochána to assist it in the exercise of all its functions. The capital allocation for information technology in 2006 is €33.323 million. The allocation for communications is €12.9 million.

Proposed Legislation.

Trevor Sargent

Question:

46 Mr. Sargent asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns voiced by the Ombudsman for Children with regard to certain provisions of the Criminal Justice Bill 2004; if he has initiated a dialogue with the Ombudsman for Children in relation to these concerns; and if he will make a statement on the matter. [15697/06]

In December 2005, as part of a wider package of youth justice reforms, the Government approved the drafting of official amendments to the Criminal Justice Bill 2004 which will amend the Children Act 2001. The amendments were forwarded to the Ombudsman for Children on 20 December last. The Ombudsman submitted detailed advice concerning the proposed changes to the Children Act to my colleague, the Minister of State with responsibility for children, Deputy Brian Lenihan, on 5 April 2006, which he has brought to my attention. The Minister of State and I are carefully considering the Ombudsman's advice and I will table further amendments to take account of her advice where they are deemed to be necessary.

Road Traffic Offences.

Emmet Stagg

Question:

47 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he will make a statement on the operation to date by the Garda of the expanded penalty points system to cover an additional 31 offences; if the national driver file and Garda PULSE system have been linked up; the information which will be available to gardaí stopping drivers on the number of penalty points they may have acquired. [15668/06]

Since the introduction of the new penalty points offences on 3 April, a total of 3,661 fixed charge notices issued for road traffic offences for the nine days up to 12 April. Of these, speeding accounted for 1,738 notices, non-wearing of seat belts for 382 notices and new offences, introduced on 3 April 2006, for 1,541 notices.

An additional 60 members of the Garda Síochána, as well as 28 new vehicles, have been allocated to the traffic corps in the first quarter of this year. It is intended that the numbers in the traffic corps will be increased by 60 each quarter this year, to reach a total complement of 805 at the end of 2006. Between now and 2008, the traffic corps will increase its numbers to a complement of 1,200.

The Garda Síochána is supplied with an electronic copy of the national driver file by the Department of the Environment, Heritage and Local Government for the purpose of processing payments in respect of fixed-charge penalty point offences. Details of payment received by the Garda Síochána in respect of fixed-charge penalty point offences are forwarded to the Department of the Environment, Heritage and Local Government for the purpose of applying penalty points to the driver licence record.

Hand-held terminals have been provided for the capture of data on fixed-charge incidents at the roadside so that the data can be efficiently and accurately uploaded to the fixed charge processing system. The Garda authorities are currently examining ways to allow gardaí to access certain data, such as disqualifications, from the national driver file using this hand-held technology.

Prison Building Programme.

Seán Crowe

Question:

48 Mr. Crowe asked the Minister for Justice, Equality and Law Reform whether his plans to expand the prison estate run contrary to the Council of Europe’s recommendations on prison population inflation. [15684/06]

The current prison capital programme takes account of Council of Europe Recommendation No. R(99)22 concerning prison population inflation. The emphasis in the programme is on replacing outdated and unsuitable prisoner accommodation to ensure that prison overcrowding does not occur.

Organised Crime.

Joan Burton

Question:

49 Ms Burton asked the Minister for Justice, Equality and Law Reform if Operation Anvil, announced by him on 17 May 2005 remains in operation; the number of weapons seized to date, the number of arrests made, the number of charges preferred, arising to date from the operation; the length of time the operation is intended to continue; and if he will make a statement on the matter. [15641/06]

Operation Anvil commenced in the Dublin metropolitan region on 17 May, 2005 with a view to addressing the problem of serious crime, such as gun crime, robberies and burglaries and combating an emerging gun culture. At my request, Operation Anvil is being extended outside the Dublin metropolitan region during 2006. I have also obtained funding to enable Operation Anvil to continue as long as it is deemed necessary in operational policing terms.

Operation Anvil has contributed to encouraging successes across a number of headings. As of 23 April this year, 505 firearms have been seized or recovered and 2,314 arrests have been made. Information on the number of charges preferred is not readily available but I will revert to the Deputy when it is to hand.

Garda Deployment.

Thomas P. Broughan

Question:

50 Mr. Broughan asked the Minister for Justice, Equality and Law Reform the number of specialist units currently established within the Garda Síochána; the numerical strength of each unit; when they were set up; the locations they draw their personnel from; and if he will make a statement on the matter. [15639/06]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength, all ranks, of each specialist unit within the Garda Síochána, as at 25 April 2006, is as set out hereunder.

Unit

Year of establishment

Personnel Strength

Special Detective Unit*

1922

302

National Bureau of Criminal Investigation

1997

97

Garda Bureau of Fraud Investigation

1995

59

Garda National Drugs Unit

1996

55

Criminal Assets Bureau

1996

27

Garda National Immigration Bureau

2001

169

National Surveillance Unit

1992

76

Garda Air Support Unit

1997

22

Garda Water Unit

1966

17

Garda Dog Unit

1960

16

Garda Mounted Unit

1998

18

*The Emergency Response Unit forms part of the Special Detective Unit.

It should be noted that some of the above units evolved from previous specialist units or bureaus of the Garda Síochána, some having been in operation since the foundation of the State and the force itself.

I should also mention the establishment, within the Garda Síochána, of a dedicated traffic corps in 2004, which had a strength of 630, all rank, as at 24 April 2006. Between now and 2008, the traffic corps will increase its numbers to a complement of 1,200 on the following phased basis: 2006 — 805; 2007 — 1,030; and 2008 — 1,200.

Recruitment to each specialist unit is by competitive selection. Competitions are advertised throughout the Garda Síochána by way of Garda headquarters directives.

Traveller Community.

Dan Boyle

Question:

51 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the action that has been taken in response to the recent recommendation of the high level group on Traveller issues (details supplied) calling for the immediate development of a Traveller data collection strategy which would supply policy makers and service providers with the means of assessing need and planning for the future; if his Department will be leading on this strategy; and if he will make a statement on the matter. [15689/06]

The high level group on Traveller issues was established at the request of the Taoiseach to examine ways of producing a more co-ordinated response from State bodies in addressing Traveller issues with a view to securing improved outcomes. The group's report was published on 21 March 2006 following its approval by the Government. The report includes a wide-ranging set of conclusions and recommendations covering the full spectrum of public service activity relating specifically to the Traveller community. One section of the report examines the extent to which data on Travellers are currently available and includes a recommendation that a Travellers' data strategy should be developed within the context of wider data collection structures.

The 2006 Census includes a question on membership of the Traveller community as part of a general question on ethnic or cultural background. The high level group report notes that work is continuing at a strategic level work under the guidance of the senior officials group on social inclusion and the National Statistics Board to develop a comprehensive framework for social and equality statistics to respond to the evolving data needs of policy makers. The office for social inclusion is also working to address data gaps, focusing particularly on vulnerable groups, in the context of the development of a data strategy to underpin the national anti-poverty strategy.

The high level group proposed that a subset of this work might involve the establishment of a small working group comprising my Department, the Central Statistics Office, the office for social inclusion and other relevant Departments to develop a Travellers' data strategy. The matter is being progressed and will be given ongoing attention by the high level group.

Legislative Programme.

Pat Rabbitte

Question:

52 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform, in view of comments made at the opening of offices for the Gay and Lesbian Equality Network, when he expects to bring forward proposals for the civil registration of same-sex unions; and if he will make a statement on the matter. [15667/06]

Earlier this year I established the working group on domestic partnership. The group is charged with preparing an options paper, to be presented to me by 20 October. The group will consider the categories of partnerships and relationships outside of marriage, including those of same-sex couples, to which legal recognition can be afforded, consistent with constitutional provisions. I am confident the group will assist in the early formulation of legislative policy in this area. The list of members and terms of reference for the group are available on my Department's website at www.justice.ie.

Human Rights Issues.

Caoimhghín Ó Caoláin

Question:

53 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform his views on the statement by Mr. Terry Davis, Secretary General of the Council of Europe that virtually none of the member states has proper legislative and administrative measures to effectively protect persons against violations of human rights committed by agents of friendly foreign security services operating in their territory; if he will clarify the applicability of the statement to this State; and if he envisages new legislation or Government policy changes in the lifetime of this Dáil. [15685/06]

On 12 April 2006, Mr. Terry Davis, Secretary General of the Council of Europe, stated, inter alia, that, although a final analysis of member states’ responses to his Article 52 inquiry was not yet completed, virtually no member state had proper legislative and administrative measures to effectively protect individuals against human rights violations committed by agents of friendly foreign security services operating on their territory.

The Secretary General went on to state that the information he has received is being analysed and that a complete assessment of the replies will take some time, to be followed by the publication of his final report, which will include proposals for intergovernmental action at Council of Europe level. The Secretary General added that the nature of the information received prevented him from making any further comments on individual countries at this stage. For obvious reasons, I am not in a position to clarify any aspect of the Secretary General's statement. I await the publication of his final report.

As stated in Ireland's publicly-available reply to the Secretary General's Article 52 enquiry, the actions of all persons present in the territory of Ireland are governed by Irish law, including that relating to the deprivation of liberty. Ireland has fulfilled all of its positive obligations in respect of preventing unacknowledged deprivation of liberty, including the active investigation by the Garda Síochána of specific allegations relating to so-called extraordinary rendition flights.

Garda Strength.

Breeda Moynihan-Cronin

Question:

54 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform if he has received a submission from the Garda Commissioner seeking approval for the creation of 443 new sergeant posts and 73 inspector posts to cater for the increase in membership of the force; if he intends to sanction these positions; and if he will make a statement on the matter. [15651/06]

I received a proposal from the Garda Commissioner within the past month seeking approval for the creation of 443 new sergeant posts and 73 new inspector posts. This proposal is primarily to cater for the substantial increase in membership of the force now under way. It also aims to increase the number of these posts in front line policing. The increase in strength of specialist units over the last five years has considerably strengthened the hand of the Garda Síochána in the fight against crime, but one of the consequences has been to put pressure on the availability of members in middle management for front line policing. In addition, we also have operations, such as Freeflow and Anvil, which involve a heavy commitment of uniform personnel. It is also true that recent developments in the training and development of members have put upward pressure on the number of sergeants and inspectors required.

I am supportive of the case for an increase in the number of sergeant and inspector posts and I note that the case for this has also been recognised by the group, chaired by Senator Maurice Hayes, which recently reported on the implementation of the Garda Siochána Act 2005. It is my intention to submit proposals to Government in the coming weeks on the issue.

Garda Investigations.

Bernard J. Durkan

Question:

55 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he has taken steps or proposes to do so, in view of a number of recent robberies in relation to which it appears that criminal gangs had inside knowledge regarding the whereabouts of cash in transit and the movement of associated personnel; and if he will make a statement on the matter. [15676/06]

Bernard J. Durkan

Question:

158 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he proposes to take specific action to ensure that organised criminals do not have access to information relating to cash-in-transit consignments; and if he will make a statement on the matter. [15906/06]

Bernard J. Durkan

Question:

163 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the action he has taken to deprive criminal gangs of information relating to cash in transit; and if he will make a statement on the matter. [15911/06]

I propose to take Questions Nos. 55, 158 and 163 together.

The Private Security Authority, in conjunction with the National Standards Authority of Ireland, is currently developing a standard, which will underpin licensing for the cash-in-transit sector of the security industry.

The detailed operational aspect of the standard will be a confidential document retained by the Garda Síochána. Access to this document will be restricted to cash-in-transit companies and other relevant parties to be decided by the Garda Síochána.

The Government is no way complacent about these recent robberies. I have spoken to the Garda Commissioner about these incidents and I am satisfied that detailed thorough investigations are taking place into all aspects of these robberies. I am informed by the Garda authorities that there is no evidence to indicate that any criminal gang had inside knowledge regarding the movements of cash-in-transit vehicles. Where such information comes to the attention of the Garda Síochána, it is fully investigated and appropriate action is taken.

International Terrorism.

Billy Timmins

Question:

56 Mr. Timmins asked the Minister for Justice, Equality and Law Reform his assessment of the threat to Ireland from international terrorism; and if he will make a statement on the matter. [11823/06]

The Garda Síochána maintains an up-to-date assessment of the threat of attack from international terrorist groupings through analysis of intelligence gathered from domestic and international sources.

Security threat assessments of this kind are furnished by the Garda Síochána at regular intervals to the Government and me. Although it is not the practice, and it would be contrary to the public interest, to reveal in detail the content of these threat assessments, it will be appreciated that it is vital that the resources of the State are fully deployed to combat the real, ongoing threat posed by international terrorism, even though the general assessment of risk might be regarded as low at present.

Crime Levels.

Brian O'Shea

Question:

57 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform if in view of the acknowledgement by the Garda Commissioner, in his recent speech to the annual conference of the AGSI, that drugs related gun crime requires so many Garda resources to contain that detection rates for other crimes have suffered, he intends to have discussions with the Commissioner with a view to providing additional resources to combat other areas of crime; and if he will make a statement on the matter. [15653/06]

I am in regular contact with the Garda Commissioner to keep the measures and resources for tackling serious crime under continuing review, and to this end I will continue to do ensure that every necessary resource is made available to the Garda Síochána.

In this regard, I have been informed by the Garda authorities that the personnel strength, all ranks, of the Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

The recruitment drive to increase the strength of the Garda Síochána to 14,000 members in line with the commitment in An Agreed Programme for Government is fully on target. This will lead to a combined strength of both attested gardaí and recruits in training of 14,000 by the end of this year. The first group of newly attested gardaí under the accelerated recruitment programme came on stream in March and a further 275 newly attested gardaí will come on stream every 90 days from here on in.

In financial terms, the Garda Síochána has never been as well resourced, with the 2006 budget at an historic high of €1.275 billion. In particular, the 2006 overtime allocation has risen to €83.5 million, which represents a major increase of 36.6% over the allocation of €61.1 million for 2005 and will allow the Garda Síochána to intensify further its crime detection and investigation capabilities. Furthermore, I have made available a further €10 million to the Garda Commissioner for special Garda operations tackling specific forms of crime including burglaries and other offences.

Anti-Social Behaviour Orders.

Seán Ryan

Question:

58 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the action he intends to take to deal with vandalism and anti-social behaviour which is causing problems in many communities with families harassed and property vandalised; and if he will make a statement on the matter. [15664/06]

I share the concerns expressed about anti-social behaviour and its effects on people. In many such incidents, vulnerable people, often the elderly, are subjected to serious nuisance and forms of harassment which cause significant and persistent distress to the people concerned and interfere fundamentally with their capacity to enjoy quiet and peaceful lives. Often such people are simply too frightened to stand up to their persecutors. Equally, few of them have the financial resources to engage lawyers to seek private law injunction-type remedies to protect their rights to enjoyment of their property.

To remedy this situation I intend to empower a senior officer of the Garda Síochána to apply to the District Court by way of civil procedure for an order which would prohibit a person from behaving in an anti-social manner. Similar to civil injunctions, breaches of which are punishable as a criminal contempt, a breach of such an order will be a criminal offence. This type of order is not an entirely new concept. Such an order is simply a mechanism whereby the law seeks to stop a person from behaving in a way which is causing significant distress to a community or to some person in that community. In this respect the principle behind such anti-social behaviour orders is similar to the judicial power to bind over, which is a very old power indeed.

I have brought forward these proposals by way of Committee Stage amendments to the Criminal Justice Bill 2004, which is currently before the Oireachtas Select Committee on Justice, Equality, Defence and Women's Rights. I attach top priority to the enactment of this Bill and hope to see it complete its passage through the Dáil and Seanad without any undue delay.

Strong provisions are in place to combat vandalism and anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994, which modernised the law in this regard. Furthermore, because of my concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, I have brought forward tough new provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. One of the provisions of the Act is to broaden the application of the temporary closure order penalty, which was originally introduced to combat under-age drinking, to cover also convictions for a series of offences, such as a licensee supplying intoxicating liquor to drunken persons and permitting disorderly conduct on the licensed premises.

The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. It does this by providing for the closure of premises such as pubs, off licences, late night clubs and food premises where there is disorder or noise on or close to the premises, as well as the making of exclusion orders on individuals convicted of a range of public order offences, in addition to any penalty they might receive under the 1994 Public Order Act.

I am informed by the Garda authorities that the Garda Síochána has a proactive approach to policing anti-social-public disorder issues by immediate intervention, arrest and prosecutions or advice, as appropriate. Garda management makes every effort to provide a high visible police presence on the streets of our towns and villages through the deployment of uniform, detective units, divisional traffic corps, community policing units and mountain bike units as appropriate.

Under the Garda juvenile diversion programme divisional juvenile liaison officers regularly visit schools, youth clubs and social services to give presentations under the education programme and highlight alternative options for regular offenders. Community gardaí and the Garda schools liaison officers also visit schools and address young people on a variety of topics including anti social behaviour.

Members of the Garda Síochána are frequently in contact with other Government and non-government agencies, including the Health Services Executive and the local authorities in order to have a multi-agency approach to addressing criminal issues. This multi-agency liaison will continue.

I am further informed that Operation Encounter, which was introduced by Garda management in 2002, targets public disorder offences including assaults and offences committed by underage persons under the Intoxicating Liquor Act 1998. In excess of 337,000 offences have been detected up to 26 March this year under Operation Encounter. This figure is provisional, operational and is liable to change.

Garda Strength.

Kathleen Lynch

Question:

59 Ms Lynch asked the Minister for Justice, Equality and Law Reform the number of gardaí at the latest date for which figures are available; the number expected to be recruited during 2006; the number of recruits who have graduated from the Garda Training College as full Garda members since 6 June 2002; the number of gardaí who have retired, resigned or otherwise left the force since 6 June 2002; and if he will make a statement on the matter. [15647/06]

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 Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

The timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in An Agreed Programme for Government remains as when I announced the Government approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of the Garda Síochána to 14,000 will lead to a combined strength of both attested gardaí and recruits in training of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda college during 2005. The college will induct a further 1,100 recruits this year and again in 2007 by way of intakes to the Garda college of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 2006.

Garda management further states that a total of 2,342 recruits have been attested to the Garda Síochána since 6 June 2002. I have also been informed by the Garda authorities that 2,125 recruits have graduated from the Garda college since 6 June 2002.

Garda management states that a total of 1,696 members, all ranks, have resigned, retired or otherwise left the Garda Síochána since 6 June 2002. The operational strength of the Garda Síochána has always included attested officers. Therefore, the strength of the force has increased by 646 since I was appointed Minister. The first group of newly attested gardaí under the accelerated recruitment programme came on stream in March and a further 275 newly attested gardaí will come on stream every 90 days from here on in.

It is the responsibility of Garda management to allocate personnel throughout and within divisions on a priority basis in accordance with the requirements of different areas. The allocation of such resources is determined by a number of factors including demographics, administrative functions, crime trends and other operational policing needs. Garda personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and that the best possible Garda service is provided to the general public.

Data Protection.

Róisín Shortall

Question:

60 Ms Shortall asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to recent comments from the Data Protection Commissioner expressing concern at powers available to gardaí which gives them access to private telephone records and his suggestion that legislation should be tightened up in order that access to records is made available only during the investigation of serious crime; his views on these comments; and if he will make a statement on the matter. [15670/06]

In his annual report for 2005, the Data Protection Commissioner states that the transposition of Directive 2006/24/EC on telecommunications traffic data into Irish law will offer an opportunity to review the provisions of Part 7 of the Criminal Justice (Terrorist Offences) Act 2005, which provides for the existing statutory framework for the retention of and access to telecommunications data in this jurisdiction.

The Data Protection Commissioner goes on to state that, from a data protection perspective, it would be helpful if the revised Irish legislation limited the right of Garda access to cases of serious crime and if the safeguards against potential abuse of such access rights were strengthened.

I consider that the 2005 Act already provides for a number of sufficiently robust safeguards in the accessing of retained data, including an independent complaints procedure for persons who feel that their personal data have been accessed in contravention of the law and a regular, independent review of the operation of the relevant provisions of the Act.

Furthermore, I am of the view that Garda access to retained data in certain circumstances is an essential element to effectively tackling crime. Accordingly, I would not favour any restriction being placed on the types of offence for which telecommunications data may be accessed. In this regard, unlike the Data Protection Commissioner, I cannot confine myself solely to a data protection perspective but must consider the broader issues of public safety.

With specific regard to the aforementioned directive, I am considering bringing a legal challenge before the European Court of Justice to its final text, because I fundamentally disagree with the EU's legal base on which it is set and believe that it is in breach of the EU treaties.

Criminal Injuries Compensation Tribunal.

Jim O'Keeffe

Question:

61 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform his plans for the Criminal Injury Compensation Tribunal; and if he will make a statement on the matter. [15675/06]

The Criminal Injuries Compensation Tribunal is continuing to deliver on its core mandate of providing compensation to persons who have been the victim of violent crime and I pleased to be able to say that its financial allocation for 2006 is €5.041 million, representing an increase of 48% over 2005. Arrangements have also been put in place so as to facilitate the implementation by the tribunal of the EU directive dealing with compensation for crime victims, which came into effect on 1 January 2006.

Security Industry.

Kathleen Lynch

Question:

62 Ms Lynch asked the Minister for Justice, Equality and Law Reform the measures agreed at his meeting with representatives of the security industry; when the proposed new licensing system for cash-in-transit companies will be introduced; and if he will make a statement on the matter. [15646/06]

On 7 April, I met with senior representatives of the major cash-in-transit companies, the major financial institutions and the Central Bank and Financial Services Authority of Ireland. I convened this meeting in the aftermath of armed raids on cash-in-transit vehicles in the previous week and two foiled attempts the previous day.

At a very frank and positive meeting, I impressed upon all stakeholders the absolute priority of ensuring that the movement of cash in the State would be governed by best practice. The stakeholders reported to me on progress being made in implementing the agreed voluntary code of practice. While I was heartened to learn from the meeting that a continuous strategy of improvement is now in place, I informed the companies that I would like to speed up these reforms and that there was a need to ensure continuous improvement in standards on the part of the financial institutions and the security companies.

I told the meeting that I supported the decision of the chief executive of the Private Security Authority who had indicated her intention to bring forward, at the earliest opportunity, licensing for the cash-in-transit sector of the security industry. I also confirmed that adherence to the code of practice will be an integral part of the licensing regime and the companies who do not comply with the code of practice will not be licensed to operate in the cash movement sector. In this context, I stated that I was prepared to discuss any difficulties being experienced by the companies while underlining that all those in the cash movement business must take full responsibility for the security of the cash in their care at all points along the supply chain.

Child Pornography.

Thomas P. Broughan

Question:

63 Mr. Broughan asked the Minister for Justice, Equality and Law Reform if he has reviewed a copy of the recent report from the Internet Service Providers’ Association on complaints regarding Internet child pornography; if he is considering measures to block such material being hosted on Irish sites; if there are EU wide initiatives being undertaken in this regard; and if he will make a statement on the matter. [13615/06]

I have received a copy of the recently published third report of the ISPAI hotline which was launched recently by the Minister of State at the Department of Health and Children, Deputy Brian Lenihan, and I have noted its contents.

Child pornography is illegal in this jurisdiction and in most other jurisdictions throughout the world. Under the Child Trafficking and Pornography Act 1998, one of the most robust Acts anywhere, the possession, distribution, importation and exportation or sale of all forms of child pornography — films, videos, or material in written or auditory form, including material produced or transmitted via the Internet — are offences with penalties of up to 14 years' imprisonment. Mere possession of child pornography can be punishable by imprisonment for up to five years. Using a child or allowing a child to be used for the production of child pornography is also punishable by up to 14 years' imprisonment. The Garda Síochána is committed to the investigation of all cases of child pornography and the importance of investigating the child protection issues involved in such cases.

In Ireland, as well as in most jurisdictions, what is illegal off-line is considered illegal on-line. Irish Internet service providers will not therefore accept such material for hosting on their servers whether generated in this jurisdiction or elsewhere, and will report any such material to the gardaí.

Measures to combat child pornography on the Internet, however, are hampered by a multiplicity of jurisdictions, differing legal systems and differing societal norms. Furthermore, developments in new communications technologies allow for Internet access from many means other than the traditional personal computer. For these reasons, combating the production and availability of child pornography on the Internet requires a combination of responses, and the co-operation of all the stakeholders at national and international level — legislators, law enforcement, service providers, schools, child protection practitioners, and most important of all, parents and guardians.

A system of self-regulation by the Internet service provider industry is in place which helps to ensure that child pornography and other material illegal in this jurisdiction is not made available on Irish servers. The self-regulatory approach to Internet regulation is the norm at EU level and worldwide. The components of this self-regulatory system are an Internet advisory board which promotes awareness of Internet downside issues and monitors the progress of self regulation by the Internet service provider industry, a public hotline for reporting child pornography and an industry code of practice and ethics setting out the duties and responsibilities of each Internet service provider. The Irish code of practice and ethics is recognised throughout Europe as a model of its type.

As well as overseeing a self-regulatory regime for the Irish Internet service providers, the Internet advisory board encourages best practice procedures, provides advice and facilitates research in Internet-related issues including child safety. My Department provides secretarial and other supports for the board's work.

The hotline, www.hotline.ie, funded by the Internet Service Providers’ Association of Ireland with support from the EU Safer Internet Action Plan, accepts and investigates reports from the public about child pornography and other illegal material on the internet. Special protocols operate between the gardaí and the hotline which maximise co-operation on law enforcement issues so that offences in the area of child pornography can be detected and prosecuted. While the hotline’s recently published third report, covering the period July 2003 to December 2005, shows increasing levels of reporting of potentially illegal material by the public, no case where the material was confirmed as referring to illegal child pornography was traced as either hosted in or distributed from Ireland.

The hotline works closely with, and is a founding member of the international INHOPE Association, www.inhope.org a network of European hotlines which is expanding to all parts of the world. The INHOPE Association develops procedures and shares information on the best practices for the tracing and tracking of illegal child pornography.

The European Union has taken a strong line on combating child pornography and other illegal and harmful uses of the Internet. Since 1999, under the Safer Internet Action Plan, the EU has provided financial and other supports for measures in the member states to combat illegal and harmful uses of the Internet, with particular emphasis on protecting children. A new EU action plan, Safer Internet Plus, covering the period 2005-08, and with a budget of €45 million, was agreed under the Irish Presidency in June 2004 and is now in operation. The Department is represented on the management committee for the programme.

The EU Council adopted a Framework Decision on Combating the Sexual Exploitation of Children and Child Pornography on 22 December 2003. While Ireland's Child Trafficking and Pornography Act 1998 is a particularly robust legislative measure, the Department is preparing additional legislative provisions to ensure compliance with this framework decision.

Ireland signed up to the Council of Europe's Convention on Cybercrime in June 2002. The main objective of the convention is to foster international co-operation in protecting society against cybercrime. The convention deals specifically with the distribution of child pornography on the Internet, infringements of copyright, computer related fraud and violations of network security.

Garda Reserve.

Denis Naughten

Question:

64 Mr. Naughten asked the Minister for Justice, Equality and Law Reform his plans for a Garda reserve force; and if he will make a statement on the matter. [15672/06]

I refer the Deputy to my response to Priority Questions Nos. 3 and 5 today, of today's date.

Security Industry.

Ciarán Cuffe

Question:

65 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the way in which he intends to ensure continuous improvement in operational standards on the part of the financial institutions and the cash-in-transit security companies; and if he will make a statement on the matter. [15687/06]

A voluntary code of practice, which sets out the agreed principles and minimum standards for the movement of cash was signed on 24 June 2005. Its objective is to encourage the highest standards of operation and, having due regard to the specific circumstances of each organisation, the implementation of integrated end-to-end solutions to create safe secure and efficient cash handling.

The requirements of the code took effect on the date of signing and were to be implemented in full by the stakeholders as soon as possible thereafter, but not later than 31 December 2006. The code does not preclude stakeholders from taking more stringent measures than those provided for in the code.

I am informed by the Garda authorities that the implementation process is well under way and all stakeholders are actively sourcing improved methods of cash delivery, collection and storage which will be in keeping with the physical, electronic and procedural requirements of the code.

The Garda Síochána, working in co-operation with representatives from each of the stakeholder groups, financial institutions and CIT service providers has developed draft guidance notes for the installation of physical, electronic, and procedural security enhancements throughout their entire networks. Also, with the assistance of the Garda Síochána, each stakeholder has commenced risk assessments of its various locations: branches, off-site ATMs, bunkers and cash centres. These assessments have highlighted various risks and hazards associated with such locations and will also attempt to identify ways and means to control or eliminate such risks or hazards for the future.

While all of this represents significant progress, there have been recent incidents where serious lapses in standards occurred. I have spoken to the Garda Commissioner and the chief executive of the Private Security Authority to discuss what further can be done to ensure that the cash-in-transit industry in Ireland is operating to the highest international standards. I support the decision of the chief executive of the Private Security Authority, who has indicated her intention to bring forward, at the earliest opportunity, mandatory licensing for the cash-in-transit sector of the security industry. I also confirmed with her that strict adherence to the code of practice will be an integral part of the licensing regime and companies who do not comply with the code of practice will not be licensed to operate in the cash movement sector.

Garda Medical Support.

Jan O'Sullivan

Question:

66 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the serious concern expressed by the delegates to the recent annual conference of the AGSI regarding the dire shortage of medical support available to the gardaí in many areas of the country and that as a result it was often difficult to get suitable medical back-up to take samples from suspects or to examine victims of rape or other serious crime; the steps he intends to take to deal with this situation; and if he will make a statement on the matter. [15654/06]

My attention has been drawn to issues raised by delegates to the recent annual conference of the AGSI regarding the level of medical support available to the Garda Síochána in dealing with both crime suspects and victims of crime, especially rape or other sexual assaults.

The Irish Medical Organisation wrote to my Department in March of this year on these issues. Subsequently, the Garda Síochána met with the IMO regarding the provision of medical services to the force. These discussions focused on the need to enhance the provision of medical services currently available. Gardaí need to have medical personnel available for a variety of issues on a 24 hour basis, for example in the context of the treatment of persons detained at Garda stations. Arising from these discussions, the Commissioner has now made a submission to the Department setting the objective of a properly structured and effective medical service for the force. The Department will now engage with the relevant stakeholders with the aim of securing agreement on the arrangements necessary to achieve this.

On the very important issue of the availability of forensic medical services for victims of rape and other sexual assaults, I understand that the National Steering Committee on Violence Against Women was party to a working group chaired by the Department of Health and Children on sexual assault treatment units. The report is due to be published shortly by that Department, and I will take any necessary action to appropriately address any resource requirements which arise from it relating to the provision of medical services to assist the Garda Síochána.

Tribunals of Inquiry.

Willie Penrose

Question:

67 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the action the Government has taken to date arising from the very serious findings of the two report of the Morris tribunal; if further actions are planned; and if he will make a statement on the matter. [15657/06]

The most immediate response to the reports of the Morris tribunal was to address the cases of individual wrongdoing or gross negligence uncovered. Following publication of the first report a superintendent was dismissed by the Government. Two superintendents criticised in the second report subsequently retired. Disciplinary action in respect of members of the force below the rank of superintendent is a matter for the Commissioner and there were a number of dismissals and retirements following publication of both reports.

A wider response was necessary however to address the system failures identified in both reports. That response is contained in the Garda Síochána Act 2005. The Act represents the most fundamental restatement of the oversight and accountability relationship between the Garda Síochána and both the Minister and the Government since the foundation of the State.

The Act establishes the new Garda Síochána Ombudsman Commission to replace the Garda Síochána Complaints Board. The three person Ombudsman Commission will provide for a more robust and effective complaints system that will promote public confidence in the force. The Ombudsman Commission will be empowered to directly and independently investigate complaints against members of the Garda Síochána. It will also be able to investigate any matter, even where no complaint has been made, where it appears that a member of the force may have committed an offence or behaved in a manner that would justify disciplinary proceedings. Furthermore the commission may investigate any practice, policy or procedure of the Garda Síochána with a view to reducing the incidence of related complaints.

The Act also provides for the establishment of a Garda Síochána inspectorate to ensure that the resources of the Garda Síochána are used to achieve the highest levels of efficiency and effectiveness compared to best international police practice and standards. The inspectorate will monitor the operation and administration of the force and report to the Minister. Reports of the inspectorate will be laid before both Dáil Éireann and Seanad Éireann and the chief inspector will, when requested, attend before any relevant Oireachtas committee in connection with any such report. Plans are well advanced for the selection and appointment of members of the Garda Síochána inspectorate. The search and selection process to recruit the chief inspector has recently been conducted by the Public Appointments Service, PAS, and PricewaterhouseCoopers, PwC, in conjunction with the Department. Contract negotiations with the successful candidate are being finalised. The advertisement of the posts for the other two members of the inspectorate is imminent and I hope the inspectorate will be operational in the coming months.

A firm conclusion of the tribunal was that gardaí should be required to account for their actions on duty without delay, and without the need for applications to court. An amendment brought forward on Report Stage of the Bill gives statutory effect to such a requirement. Such a duty, vigorously implemented, should in many cases obviate the necessity for more involved investigations and should greatly assist not only the internal management of the Garda Síochána, but also the Ombudsman Commission in its investigations.

On the need for greater accountability identified in the tribunal's reports, there are provisions in the Act which oblige the Commissioner to inform the Minister, through the Secretary General of the Department, of any development which might adversely affect public confidence in the force, and which also oblige the Commissioner to supply any information necessary for the Minister to discharge his duties towards the Houses of the Oireachtas.

The tribunal in its first report was of the view that the Department of Justice, Equality and Law Reform should look at the system of promotions in consultation with the Garda Commissioner. The Act specifies that in future each promotion board will have a non-Garda majority and in every case one of the non-Garda members will be appointed as chairperson.

New powers have been given to the Commissioner to dismiss members of the force. The relevant provision enables the Commissioner to dismiss a member of garda, sergeant or inspector rank where the Commissioner has lost confidence in the capacity of the member to discharge his or her duty and where dismissal is considered necessary to maintain public confidence in the force. This power of dismissal is separate and distinct from disciplinary regulations, which will continue to apply in cases of specific allegations of misconduct, and corresponds to a similar power which Government has in the more senior ranks.

The tribunal in both reports spoke of the desirability of recruiting members of the Garda Síochána from religious and ethnic minorities. The Act, in providing for regulations on the admission, appointment and enrolment of members, makes specific reference to the recruitment of members with different ethnic or national origins or different religious beliefs or backgrounds. Already the first competition with revised eligibility criteria has taken place and I am encouraged by the response to date. The new provision also facilitates the transfer into the Garda Síochána of experienced police officers from other forces at different ranks which was another important recommendation in the second report of the tribunal.

Implementation of the provisions of the Act was a key priority of the Government and in order to ensure that this should happen in an ordered and timely fashion I established an implementation review group under the chairmanship of Senator Maurice Hayes. The group submitted their report to me in December last and I published it on 10 February. The report records that substantial and satisfactory progress has been made on the implementation of the principal provisions of the Act.

Most of the provisions of the Act have already been commenced. The three members of the Ombudsman Commission were appointed by the President in February. Plans are also well advanced for the selection and appointment of members of the Garda Síochána inspectorate. Guidelines for the establishment of joint policing committees, another key feature of the Act, are being finalised and will be issued shortly. Preparations are continuing to make the Garda Commissioner the accounting officer for the force. The target date for this is 1 July of this year. The Act also provides that civilian staff working in the Garda area will become staff of the Garda Commissioner. Separate discussions are taking place under industrial relations machinery to effect a smooth transition to the new arrangements.

I am confident that the measures I have included in the Act are a comprehensive and strong response to the recommendations of the tribunal which required statutory change.

In parallel with all of this, the Commissioner has also been implementing a significant programme of change in response to the findings and conclusions of the tribunal's first report, including improved record-keeping, a new registration system for intelligence sources and more stable tenure of position in senior Garda management. Full details of the Commissioner's response are set out in a report which is available on the Garda Síochána website. The Commissioner is also now considering what further change might be required by the tribunal's second report. Issues arising in the second report are being examined under following headings, review of role of crime and security branch, external professional assistance, training, reporting within the Garda Síochána including reporting to the Department and professional and ethical conduct.

Garda Deployment.

Seymour Crawford

Question:

68 Mr. Crawford asked the Minister for Justice, Equality and Law Reform if he is satisfied that sufficient personnel are available in the Border region to retain adequate surveillance against ongoing crime in view of the fact that all the smaller Garda stations are closed at night entailing long journeys for individual squad cars with many of the personnel having limited on the ground knowledge of the areas they have to service; his views on whether the present system makes the situation much easier for the criminals to act as they can be aware where the limited number of patrol cars are at any given time and act accordingly; and if he will make a statement on the matter. [15021/06]

I have been informed by the Garda authorities that the personnel strength, all ranks, of the Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

It is the responsibility of Garda management to allocate personnel across and within divisions on a priority basis in accordance with the requirements of different areas. The allocation of such resources is determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Garda resources assigned to the Border areas, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that the best possible use is made of existing Garda resources, and that the best possible service is provided to the public.

In this regard, I am advised by the Garda authorities that local Garda management along the Border is satisfied that sufficient resources are available to address criminal activity in these regions. It should be noted that the necessity for a disproportionately large Garda presence in the Border counties has significantly diminished since the Good Friday Agreement.

Each division's resources are augmented by the deployment of divisional and national specialist units such as the divisional drugs and crime units, the Garda National Immigration Bureau, GNIB, and the Criminal Assets Bureau, CAB. In each division crime trends are continually being analysed. Any crime hotspots are identified and resources allocated and deployed accordingly.

As regards cross-Border co-operation in tackling crime, local Garda management is committed to the investigation and detection of local crimes and work in partnership with the Police Service of Northern Ireland to identify perpetrators living outside the jurisdiction. These close working relationships have delivered results, with some persons currently before the courts awaiting trial.

Two specific operations have been introduced in 2006 as part of Garda strategies to prevent crime in Border areas. Operation Cougar is a joint operation with the PSNI and was introduced in an effort to curb a number of serious crime incidents which have a cross-Border dimension and operates in the Garda Donegal division. The operation includes simultaneous checkpoints on both sides of the Border and enhanced communications between units on the ground. In addition, there is good co-operation with the PSNI at local level with monthly crime meetings being held on both sides of the Border. In addition, Operation Anvil, which has been extended nationwide, involves specific crime patrols of Border areas.

In response to the changing policing needs of the areas concerned, smaller stations along the Border are not open on a 24 hour basis. These adjustments in opening times release valuable resources to allow additional patrolling within the Garda districts along the Border. The members attached to those stations carry out patrols and checkpoints on a 24 hour basis in each district, thus ensuring availability and presence of gardaí at all times.

The current recruitment drive to increase the strength of the Garda Síochána to 14,000 members in line with the commitment in An Agreed Programme for Government is fully on target. This will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year. The first group of newly attested gardaí under the accelerated recruitment programme came on stream in March and a further 275 newly attested gardaí will come on stream every 90 days from here on in.

The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources, and in this context the needs of Border areas will be given the fullest consideration.

Garda Equipment.

Dan Boyle

Question:

69 Mr. Boyle asked the Minister for Justice, Equality and Law Reform if, in view of his recent suggestion that gardaí carry cameras at all times to photograph criminal suspects, his attention has been drawn to another police force that practices this; his views on whether this practice may serve to further weaken the relationship between the Garda Síochána and the communities it serves; and if he will make a statement on the matter. [15690/06]

I am informed by the Garda authorities that the Garda Síochána has legislative powers to photograph suspects who have been detained under the provision of the Criminal Justice Act 1984, as amended, the Criminal Justice (Drug Trafficking) Act 1996 and suspects arrested under the provision of section 30 of the Offences Against the State Act 1939, as amended. Nothing prevents a member of the Garda Síochána taking a photograph of a suspect in a public place.

Section 11 of the Criminal Justice Bill 2004, which is before the Select Committee on Justice, Equality, Defence and Women's Rights, seeks to provide that, on the authority of a member of the Garda Síochána not below the rank of sergeant, a person arrested by a member of the Garda Síochána may be photographed in a Garda Síochána station after his or her arrest. A photograph taken in these circumstances may be used only to assist in the identification of the arrested person in connection with any proceedings which may be instituted against him or her in respect of the offence for which he or she was arrested.

This provision stems from the recommendations of the expert group appointed to consider changes in the criminal law which were recommended in the Garda SMI report. The expert group noted that at present under section 6 of the Criminal Justice Act 1984 gardaí have the power to photograph persons who are detained, but not those who are arrested and released and dealt with by way of summons. The expert group recommended that gardaí should be permitted to photograph every person who is arrested so as to have a reliable means of identification, not least for ensuring that the summons is served on the proper person.

The expert group suggested that the same safeguards which apply to the photographing of detained persons could be applied to the proposed new power. Accordingly, section 11(3) provides that the provisions of section 8 of the Criminal Justice Act 1984 on the destruction of records shall apply to photographs, including negatives, taken pursuant to this section as they apply to photographs taken pursuant to section 6 of the Criminal Justice Act 1984. Section 11(4) provides that a person who refuses to allow himself or herself to be photographed shall be guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding six months or both.

I see many advantages in a member of the Garda Síochána being in a position to take a photograph of a suspect when investigating disorder. The ICT strategy for the Garda Síochána 2005-2010, identifies mobile data communications as an important aspect of its programme of work in the area of telecommunications. The strategy recommends solutions for the mobile data needs of the Garda Síochána, which will encompass a national digital radio service and mobile technologies such as GPRS and 3G. Such technologies could encompass photographic or video evidence and data. Its implementation and use will depend on a broad range of factors including the operational and business requirements of the force.

Stardust Tragedy.

Joe Higgins

Question:

70 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform if he has arranged to meet families bereaved by the Stardust disaster. [14268/06]

The position remains as set out in my response to Deputy McGrath on 28 March to Question No. 352.

Youth Services.

Brian O'Shea

Question:

71 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to provide the necessary funding to employ a paid designated youth worker for a project (details supplied) in County Waterford; and if she will make a statement on the matter. [15865/06]

My office is developing a recreation policy for young people aged 12 to 18 in conjunction with a number of Departments and agencies directly involved in the provision of recreation facilities and programmes for young people. The policy will be available in 2006. It is intended that the issue of youth cafes will be dealt with in the policy.

The management and delivery of health and personal social services are the responsibility of the Health Service Executive under the Health Act 2004. My Department has requested the parliamentary affairs division of the Health Service Executive to arrange to have this proposal examined and to have a reply issued directly to the Deputy.

Child Care Services.

Michael Ring

Question:

72 Mr. Ring asked the Tánaiste and Minister for Health and Children if environmental health officer reports on early child care units are outside the scope of freedom of information; if so, the reason for same in view of the fact that the Health Service Executive report on this matter is site specific and makes reference to EHWO reports; and if she will make a statement on the matter. [15751/06]

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.

Diabetes Incidence.

Pat Breen

Question:

73 Mr. P. Breen asked the Tánaiste and Minister for Health and Children further to Question No. 202 of 21 February 2006, the number of children in Clare with type one diabetes; the number of adults in Clare with type one diabetes; the number of children and adults with type two diabetes attending the Mid-Western Regional Hospital; the number of children and adults from Clare with type two diabetes attending the Mid-Western Regional Hospital; the number of adults and children with type one and type two diabetes attending the Mid-Western Regional Hospital in 2001; the number of adults and children from Clare with type one and type two diabetes attending the Mid-Western Regional Hospital in 2001; and if she will make a statement on the matter. [15752/06]

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

Health Services.

Pat Breen

Question:

74 Mr. P. Breen asked the Tánaiste and Minister for Health and Children further to Question No. 202 of 21 February 2006, her views on providing the necessary resources to the Health Service Executive mid-western area to staff a multi-disciplinary team, comprising a dietician, paediatric diabetes nurse specialists and a paediatric endocrinologist, and including a 24-hour helpline staffed by a clinical nurse, in the context of the provision of an insulin pump therapy service for the area; and if she will make a statement on the matter. [15753/06]

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.

Medical Aids and Appliances.

David Stanton

Question:

75 Mr. Stanton asked the Tánaiste and Minister for Health and Children if she will expedite the provision of a special recliner chair to a person (details supplied) in County Cork who suffers from cerebral palsy and is also quadriplegic; and if she will make a statement on the matter. [15754/06]

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.

Adoption Services.

Richard Bruton

Question:

76 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she has received a report on the continuing lengthy delays in processing applications by parents for adoptions overseas; her views on contracting out some of the work to the private sector in order that it could be completed in a more timely manner; and if she will make a statement on the matter. [15759/06]

The length of time it takes to complete the necessary assessment process for inter-country adoptions and the allocation of resources to that process within the Health Service Executive, HSE, is a matter for HSE management.

However, the Government allocated €1 million to the HSE in additional ongoing funding commencing in 2005 to assist in tackling inter-country adoption waiting times. This additional funding is used to pilot measures which will allow for more flexible working arrangements within the HSE with a view to addressing waiting times. The registered adoption society, PACT, has also received significant additional funding to allow them to expand their inter-country adoption services. The issue of contracting out the assessment work as raised by the Deputy is an operational matter and as such is a matter for the HSE.

Cancer Treatment Services.

Seán Ryan

Question:

77 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children if she will report on the provision of a dedicated cancer centre for the north Dublin catchment area; if Beaumont Hospital has been identified as the location for this centre; and if so, when she proposes to sanction and put in place the interim arrangements with the hospital. [15760/06]

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 respond directly to the Deputy on the matter raised.

Long-Term Illness Scheme.

David Stanton

Question:

78 Mr. Stanton asked the Tánaiste and Minister for Health and Children further to Question No. 125 of 30 March 2006, the reason the person referenced in that question has been denied assistance under the long-term illness scheme for medicine prescribed by their doctor, despite the fact that parkinsonism is one of the conditions included under the long-term illness scheme; if she will make arrangements to have this matter rectified; and if she will make a statement on the matter. [15763/06]

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.

Women’s Refuges.

Olwyn Enright

Question:

79 Ms Enright asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the urgent need for a women’s refuge in County Laois as these women and their families must travel to Kilkenny and Carlow, taking them far away from their doctors and schools; and if she will make a statement on the matter. [15812/06]

The provision of all emergency housing, including refuges for victims of domestic violence, is a matter for my colleague the Minister for the Environment, Heritage and Local Government, Deputy Roche. Once built, the servicing of a refuge for women who are victims of domestic violence is a matter for the HSE.

Nursing Education.

Richard Bruton

Question:

80 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she will provide details of the proposed direct entry undergraduate midwifery degree programme; when she expects same to commence; the number of students it will accept annually and at which colleges; and if she will make a statement on the matter. [15819/06]

Last year I announced plans for the introduction of a new direct entry undergraduate midwifery degree programme to commence in autumn 2006. The direct entry undergraduate midwifery programme will be of four years' duration and will offer 140 places per annum. These places will be in addition to the existing 1,640 places in the system each year for general, psychiatric and intellectual disability nursing. Applications for places on the programme will be through the Central Applications Office, CAO. At present, the only route to midwifery is through a postgraduate programme of two years' duration. The new programme will reduce the time it takes to qualify as a midwife and will put the education of midwives on a par with that of other nurses. Details of the 140 places on the new midwifery nursing degree programme are in the following table.

Higher Education Institute

Partner Hospital

Programme Details

Places per annum

University College Dublin

National Maternity Hospital Holles Street

Midwifery

20

Trinity College Dublin

Coombe Women’s Hospital

Midwifery

20

Rotunda Hospital

Midwifery

20

University College Cork

St. Finbarr’s / Erinville Hospitals

Midwifery

20

National University of Ireland Galway

University College Hospital Galway

Midwifery

20

University of Limerick

St. Munchin’s Hospital

Midwifery

20

Dundalk Institute of Technology

Our Lady of Lourdes Hospital, Drogheda

Midwifery

20

Hospital Accommodation.

Denis Naughten

Question:

81 Mr. Naughten asked the Tánaiste and Minister for Health and Children her plans to reduce the number of long-stay beds at a home (details supplied) in County Roscommon by 25; the future plans for this facility; and if she will make a statement on the matter. [15828/06]

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.

Health Services.

Gerard Murphy

Question:

82 Mr. G. Murphy asked the Tánaiste and Minister for Health and Children if her Department will ensure that fortnightly respite will be provided again for a person (details supplied) in County Cork; and if she will make a statement on the matter. [15839/06]

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.

Cancer Treatment Services.

Cecilia Keaveney

Question:

83 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children the progress being made to resolve the deficit in cancer care provision in view of the 1 June 2006 deadline given by the cancer team in Letterkenny General Hospital particularly in respect of a permanent breast consultant as part of a full multi-disciplinary team at the hospital; and if she will make a statement on the matter. [15844/06]

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

Alcohol Policy.

Cecilia Keaveney

Question:

84 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children the response given by Ireland to the World Health Organisation European alcohol action plan, 2000-2005 which stated that what is needed now is to exercise political will, to mobilise civil society and carry out systematic programmes in every member state; and if she will make a statement on the matter. [15845/06]

Ireland, as a member of the WHO European region, has endorsed the European charter on alcohol, the European alcohol action plan, and the declaration on young people and alcohol. These documents have provided ethical principles and goals for advancing alcohol policy and a template of strategies for alcohol action. When drafting its reports, the strategic task force on alcohol framed its recommendations using the ten strategy areas outlined in the WHO European charter on alcohol. These reports provide approximately 100 recommendations and significant progress has been made in implementing them across a range of sectors.

Health Capital Programme.

Willie Penrose

Question:

85 Mr. Penrose asked the Tánaiste and Minister for Health and Children the plans being put in place to develop the necessary health infrastructure in Athlone; the plans the Health Service Executive has to develop same on its site atClonbrusk, Athlone, County Westmeath; and if she will make a statement on the matter. [15846/06]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for considering new capital proposals or progressing those in the health capital programme. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Services.

Willie Penrose

Question:

86 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 for a medical procedure at the Eye and Ear Hospital, Adelaide Road, Dublin; and if she will make a statement on the matter. [15847/06]

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

Health Services.

Caoimhghín Ó Caoláin

Question:

87 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children when a reply will issue from the Health Service Executive to parliamentary Question No. 100 of 23 March 2006. [15848/06]

The Health Service Executive has advised the Department of Health and Children that it issued a reply to the Deputy on this matter on 26 April 2006.

Health Service Management.

Catherine Murphy

Question:

88 Ms C. Murphy asked the Tánaiste and Minister for Health and Children if she has sought an operational plan from the Health Service Executive on the organisational structures that exist within the Health Service Executive; what the optimum structures should be; if there are resource issues identified that will require to be captured in budget 2006; and if she will make a statement on the matter. [15849/06]

Under section 31 of the Health Act 2004, the Health Service Executive must submit a service plan to my Department within 21 days of the publication of the Estimates. The service plan was submitted in line with the legislation on 8 December 2005 and was approved by me on 22 December 2005.

In addition under section 35 of the Health Act 2004 there is provision obliging the Health Service Executive to draw up a code of governance which will include guiding principles applicable to the executive as a public body. This code must include an outline the structure of the executive, including the roles and responsibilities of the board and the chief executive officer. In addition it must also outline the methods to be used to bring about the integration of health and personal social services.

The Department has issued a framework document for corporate and financial governance for the Health Service Executive and requested the executive to draw up a code of governance, in line with the framework, to replace previous governance provisions in place in the old health board structures. The executive submitted an update on progress of its code of governance to me in December. The executive is still working on the contents of the code and my Department is in communication with it in this respect.

Funding for the health services for the next year will be agreed in the context of the Estimates campaign which is due to commence presently. The process will conclude later this year with the publication of the Abridged Estimates Volume 2007.

Health Services.

Ned O'Keeffe

Question:

89 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children the reason the waiting time to commence orthodontic treatment with the Health Service Executive is so lengthy once the student has been placed on that waiting list; and if her attention has been drawn to the fact that many students have to wait up to four or five years. [15862/06]

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 of Health and Children 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.

Billy Timmins

Question:

90 Mr. Timmins asked the Tánaiste and Minister for Health and Children the position of a person (details supplied) in County Wicklow; if this appointment will be brought forward; and if she will make a statement on the matter. [15876/06]

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 of Health and Children 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.

Bernard J. Durkan

Question:

91 Mr. Durkan asked the Tánaiste and Minister for Health and Children the reason full subvention has not been offered to a person (details supplied) in Dublin 12 in respect of their mother; if she will intervene to ensure that full subvention is awarded on the grounds that their daughter, now joint owner will automatically become the full owner in time, that the full mortgage on the property was raised and is being repaid by the daughter; and if she will make a statement on the matter. [15917/06]

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 of Health and Children 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.

Bernard J. Durkan

Question:

92 Mr. Durkan asked the Tánaiste and Minister for Health and Children the position regarding the possible return to the parents custody in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [15918/06]

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 of Health and Children 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 Staff.

Bernard J. Durkan

Question:

93 Mr. Durkan asked the Tánaiste and Minister for Health and Children the number of full time physiotherapists available and working at St. James’s Hospital, Dublin; and if she will make a statement on the matter. [15919/06]

As the specific information requested by the Deputy relates to the delivery of health and social care services and human resource management issues which are matters for the Health Service Executive, the parliamentary affairs division of the executive has been asked to respond directly to the Deputy in regard to the information sought.

Employment information is collected by the Department of Health and Children on a quarterly basis through the health service personnel census. The latest available figures show that there were 52.38 wholetime equivalent physiotherapists employed by St. James's Hospital at 31 December 2005. This represents an increase of 27 or 109.52% over 1997 figures.

Garda Stations.

Cecilia Keaveney

Question:

94 Cecilia Keaveney asked the Minister for Finance when a premises will be bought (details supplied) in County Donegal; when it is envisaged it will be operational; and if he will make a statement on the matter. [15756/06]

The Commissioners of Public Works received a request this week from the Department of Justice, Equality and Law Reform to acquire a premises for the Garda in Carndonagh, County Donegal. The matter is being pursued.

Cecilia Keaveney

Question:

95 Cecilia Keaveney asked the Minister for Finance the timescale involved in replacing the Garda station in Buncrana, County Donegal; the interim solution being pursued to enable the Garda Síochána to operate in conditions that satisfy health and safety regulations; and if he will make a statement on the matter. [15757/06]

A brief of requirements for the proposed new Garda station at Buncrana, County Donegal, was received from the Department of Justice, Equality and Law Reform on 29 March 2006. An analysis is being undertaken to ascertain if the brief of requirements can be accommodated on the decentralisation site for the Department of Social and Family Affairs. This report will be completed by mid May 2006. The timescale for the construction of the new Garda station is dependent on this report. A temporary alternative location for Buncrana Garda station is being examined from a technical point of view. An assessment of this property will be completed shortly.

Tax Code.

Richard Bruton

Question:

96 Mr. Bruton asked the Minister for Finance if retired civil servants who are living in the UK can be paid without deduction of Irish taxes or alternatively if arrangements can be made not to deduct health levy which is not covered by double tax agreement rules and confers no entitlement on those residing abroad. [15761/06]

I am informed by the Revenue Commissioners that the pension payable to a former officer of the Civil Service is chargeable to tax in the State irrespective of where he or she resides, unless such pension is relieved from the charge to Irish tax under the terms of a double taxation agreement between the State and another country.

Article 18(2) of the convention for the avoidance of double taxation between the State and the United Kingdom provides that any pension paid by, or out of funds created by, a contracting state in respect of services rendered to that State shall be taxable only in that State except where the individual is a resident of, and a national of, the other contracting state.

Consequently, individuals living in the United Kingdom in receipt of a Civil Service pension from the State are taxable in Ireland on that pension unless they are nationals of the United Kingdom, in which case, they will pay tax there on that pension. The reason that double taxation agreements make no mention of health contributions, also known as the health levy, is that such contributions are not tax.

The legal basis for the health contributions levy is contained in the Health Contributions Act 1979, as amended, and associated regulations. While the legislation is a matter for the Tánaiste and Minister for Health and Children in the first instance, generally speaking income which is subject to an income tax charge is also subject to the health contributions levy. This is subject to the following main exceptions which are set out in terms of categories of exempt persons. These include persons whose gross income does not exceed €440 per week; persons who are fully eligible for health services under section 45 Health Act 1970, such as holders of an medical card; persons in receipt of a widow or widower's contributory or non-contributory pension or occupational injuries pension payable under the Social Welfare Acts or a corresponding EU pension; persons in receipt of a deserted wife's benefit or allowance payable under the Social Welfare Acts; persons in receipt of a lone parents allowance payable under the Social Welfare Acts. There are no plans to alter the applicability of the health contributions levy.

Paul Kehoe

Question:

97 Mr. Kehoe asked the Minister for Finance the position with regard to farmers who were in the early retirement scheme and have completed their term of ten years with regard to capital gains retirement relief; if a farmer who has finished in the farm retirement scheme should make a disposal of less than €500,000 if they still qualify for the retirement relief applicable with regard to the disposal of part of their farm where the consideration is less than €500,000, bearing in mind that when they were in the farm retirement they could qualify for this relief and as a result of being in the farm retirement scheme they can never farm again; and if he will make a statement on the matter. [15894/06]

I am advised by the Revenue Commissioners that land leased in compliance with the terms of the schemes of early retirement from farming is a qualifying asset for capital gains tax retirement relief purposes provided it was owned and used for farming purposes by the individual claiming relief throughout the period of ten years immediately prior to it being first leased. Effectively the period of ownership and usage tests on land leased under these schemes are applied when the land is leased rather than when it is disposed. Where the farmer disposes of some or all of such land after he or she has finished in the scheme full relief from capital gains tax will apply where the individual is 55 years or more at the time of disposal 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 and full relief from capital gains tax is given.

Alternative Energy Projects.

David Stanton

Question:

98 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources the discussions or negotiations he has had or intends to have with Greencore plc., regarding the possibility of utilising the Mallow plant to provide raw material to produce ethanol from sugar beet or other such energy crops; and if he will make a statement on the matter. [15873/06]

I have had no discussions with Greencore plc., on the issue of utilising the Mallow plant to produce ethanol. The potential for using the existing facilities in Mallow for such purposes is ultimately a commercial decision for Greencore plc. The new biofuels excise relief programme, which is subject to State aid approval, will provide a framework in which potential developers can consider such options.

Fisheries Protection.

Bernard J. Durkan

Question:

99 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has studied the recent submission from the National Coarse Fishing Federation of Ireland and the Irish Federation of Pike Angling Clubs, with reference to fishing controls; his proposals to meet the requirements as set out by the two groups; and if he will make a statement on the matter. [15920/06]

I have recently seen a copy of the submission issued to Members from the National Coarse Fishing Federation of Ireland and the Irish Federation of Pike Angling Clubs on the conservation needs of coarse fish species, which I have noted and intend to consider carefully.

I should point out, however, that under the Fisheries Acts, the fisheries boards are primarily responsible for the management, conservation, protection, development and improvement of inland fisheries including coarse fish stocks. I rely on the advice of the boards in determining policy and legislative measures aimed at protecting these stocks.

The submission makes reference to the review of coarse fish policy being undertaken by the central fisheries board with a view to advising me on developing an informed national policy for the management, development and protection of this important natural resource. The group undertaking the review, whose terms of reference include, inter alia, the establishment of the current status of the coarse fishery resource and the need for protective legislation, expects to complete its work shortly and intends to forward its report to me, following due consideration by the fisheries boards. Any conservation or legislative measures recommended to me arising from the review will be considered without delay.

In the meantime, the national fishery managers executive is considering appropriate fish conservation measures, including possible by-laws that might be put in place in the short term. I am awaiting its advice, which is due imminently. I will further consider the submission from the National Coarse Fishing Federation of Ireland and the Irish Federation of Pike Angling Clubs in the context of the official advices I receive.

Human Rights Abuses.

Dan Neville

Question:

100 Mr. Neville asked the Minister for Foreign Affairs if he has examined the concerns of the Baha’i community in connection with the treatment of their fellow members in Iran (details supplied). [15814/06]

As I explained to the House in reply to a question on 25 April 2006, I am aware of the difficulties facing the Baha'i community in Iran. The statement made on 20 March by the UN special rapporteur on freedom of religion or belief, Asma Jahangir, is the latest in a series of reports which raise serious concerns about the matter.

The Department of Foreign Affairs maintains close contacts with the Baha'i community in Ireland about the situation of their coreligionists on the ground. In its contacts with the Iranian Embassy in Dublin the Department regularly conveys the Government's concerns.

Ireland has also frequently raised the situation of the Baha'i in Iran at EU level and the EU's concerns about the treatment of the Baha'i have in turn been brought to the attention of the Iranian authorities on many occasions. Ireland and its EU partners have also supported resolutions on Iran at the UN General Assembly and at the UN Commission on Human Rights. These initiatives have brought specific attention to the plight of the Baha'i in Iran.

The situation of the Baha'i community has also been raised during the formal EU-Iran human rights dialogues, the last session of which took place during the Irish term of the EU Presidency in 2004. Iran has been reluctant to agree dates for a renewed session of the human rights dialogue and the dialogue has been in abeyance since that time, though consultations on the next session are ongoing.

The External Relations Council on 10 April 2006 issued conclusions on Iran which underlined the EUs continuing concern about human rights in Iran, in particular the treatment of the Baha'i and other religious minorities. In addition, the EU Presidency raised several human rights concerns directly with the Iranian Government on 11 April 2006, including the problems alluded to in the special rapporteur's statement. Ireland and the EU will remain actively engaged on this issue and will continue to raise it in all appropriate fora.

Sports Capital Programme.

Denis Naughten

Question:

101 Mr. Naughten asked the Minister for Arts, Sport and Tourism if he will approve funding for a soccer club (details supplied) in County Roscommon under the sports capital programme; and if he will make a statement on the matter. [15825/06]

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

Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November 2005. The closing date for receipt of applications was Friday, 20 January 2006. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Denis Naughten

Question:

102 Mr. Naughten asked the Minister for Arts, Sport and Tourism if funding will be approved for a band (details supplied) in County Roscommon under the sports capital programme; and if he will make a statement on the matter. [15826/06]

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

Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November 2005. The closing date for receipt of applications was Friday, 20 January 2006. An application was received from the organisation in question before the closing date. However, I should point out to the Deputy that as the application to which he refers is toward the cost of musical instruments and has no sporting element, it is not eligible for funding under the sports capital programme.

Visa Applications.

Willie Penrose

Question:

103 Mr. Penrose asked the Minister for Enterprise, Trade and Employment the position with regard to an application for a visa for a person (details supplied); and if he will make a statement on the matter. [15860/06]

Nationals of countries outside the EEA wishing to work in Ireland require either a working visa or work authorisation or a work permit. Applications to work in Ireland under the working visa or work authorisation scheme are processed at Irish embassies and consulates abroad and application forms are available from same. The scheme requires that particular criteria be met and is administered through the Department of Foreign Affairs.

The work permit section of my Department will consider granting an employer a work permit for highly skilled and highly paid positions within certain sectors. Details of the working visa or work authorisation and work permit schemes are available on my Department's website at www.entemp.ie.

Social Welfare Appeals.

Michael Ring

Question:

104 Mr. Ring asked the Minister for Social and Family Affairs when an oral hearing will be scheduled for a person (details supplied) in County Mayo to finalise their carer’s allowance appeal. [15831/06]

The person's application for carer's allowance was disallowed by a deciding officer on the grounds that he is employed outside the home for more than ten hours per week. The person appealed this decision to the social welfare appeals office, which acts independently of my Department. In accordance with the statutory requirements the relevant departmental papers, including a submission from the deciding officer, were sought. The papers have been referred to the appeals officer who proposes to hold an oral hearing in the case in due course.

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

Social Welfare Benefits.

Michael Ring

Question:

105 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be awarded and paid the respite care grant. [15832/06]

The application from the person to whom the Deputy refers was received on 23 March. The claim is being processed in my Department at present and I expect that it will be decided within the next week. If the claim is awarded, payment will issue within one week of the decision being made.

Michael Ring

Question:

106 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be awarded and paid unemployment benefit in view of the fact that he ceased employment several weeks ago. [15835/06]

In the case in question, a deciding officer determined that the person concerned lost his employment by reason of misconduct and, under the legislation, is disqualified from receiving unemployment benefit for nine weeks to 10 May 2006. He was notified on 19 April 2006. It is open to him to appeal this decision and a form for this purpose was issued to him on 24 April 2006. A decision will be made shortly on his entitlement to benefit after the period of disqualification and he will be notified of the outcome.

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

Public Transport.

Olivia Mitchell

Question:

107 Ms O. Mitchell asked the Minister for Transport if his attention has been drawn to the average fleet age of Dublin Bus; the number of buses in service with Dublin Bus which are over nine years old; and if he will make a statement on the matter. [15750/06]

I have been informed by Dublin Bus that the average age of its bus fleet is 6.5 years and that 207 of its 1,082 buses entered service prior to 1997. Dublin Bus has purchased 895 new buses since 1997.

Road Network.

Olivia Mitchell

Question:

108 Ms O. Mitchell asked the Minister for Transport if his attention has been drawn to the amount spent to date on upgrading the major inter-urban routes, as set out in the roads programme under the national development plan; the estimated total amount of expenditure required to complete the upgrading of these routes; the anticipated completion date; and if he will make a statement on the matter. [15806/06]

Very significant progress has been made to date in transforming Ireland's major inter-urban network to motorway and high-quality dual carriageway standard. The National Roads Authority, NRA, which has statutory responsibility for the implementation of the national roads programme, has informed me that on the five major inter-urban routes, namely, Dublin to Cork, Limerick, Galway, Waterford and the Northern Ireland Border, 15 projects have been completed and opened since the commencement of the current national development plan.

I am further informed that the total expenditure incurred on these projects was approximately €1.5 billion. In addition, projects currently under construction on the major inter-urban network have a value of approximately €1.1 billion with a further €500 million worth of projects about to have construction contracts signed. Private funding of close to €500 million has also been invested in these routes.

I also understand from the NRA that all of the remaining schemes on the major inter-urban routes have now received the necessary statutory approvals to allow the projects to proceed to construction. This clears the way for these remaining schemes to proceed to the tender stage. The final cost of these schemes will only be known once the tender processes have been completed. In line with the objective set in Transport 21, the NRA is on target to complete all of the major inter-urban routes by 2010.

Vehicle Regulations.

Denis Naughten

Question:

109 Mr. Naughten asked the Minister for Transport further to correspondence (details supplied) if his Department has received a full and final response from the Garda National Traffic Bureau; and if he will make a statement on the matter. [15820/06]

The correspondence in question refers to issues relating to the operation of small public service vehicles in Athlone. The investigation of complaints concerning non-compliance with the provisions of the public service vehicles regulations, which relate to the licensing, control and operation of small public service vehicles generally and the enforcement of those regulations are matters for the consideration of the Garda Síochána. Accordingly, the relevant correspondence was referred to the Garda for examination and any necessary follow-up action.

Rail Network.

Emmet Stagg

Question:

110 Mr. Stagg asked the Minister for Transport the amount of funding provided to Irish Rail to establish the projects design office for the city centre resignalling project. [15856/06]

My Department approved, in August 2005, funding of €2 million to establish a project design office for the city centre resignalling project.

Consultancy Contracts.

Olivia Mitchell

Question:

111 Ms O. Mitchell asked the Minister for Transport the cost of the consulting contracts awarded in connection with the proposed break-up of Aer Rianta; and if he will make a statement on the matter. [15870/06]

Two consultancies have been awarded in connection with the restructuring of the three State airports. Both consultancies were awarded following public tender processes, in accordance with EU public procedures, and the details are as follows:

Consortium

Nature of Consultancy

Commenced

Status

Cost to date (including VAT)

Pricewaterhouse Coopers, Matheson Ormsby Prentice and Steer Davies Gleave

Advice on the restructuring of the State airports and the State Airports Act 2004.

2003

Completed 2004

€1.84 million

Pricewaterhouse Coopers with SH&E

Advice to Minister for Transport and Minister for Finance on State airports’ business plans and related matters.

2005

Not yet completed

€162,612

Road Safety.

Róisín Shortall

Question:

112 Ms Shortall asked the Minister for Transport, further to Question No. 351 of 4 April 2006, when he intends to transpose EU Directive 2004/54/EC. [15871/06]

Earlier this week, I signed into effect regulations to implement EU Directive 2004/54/EC (Minimum Safety Requirements for Tunnels in the Trans-European Network). The regulations provide for levels of technical provision that must be attained in all tunnels falling within the ambit of the directive and the establishment of procedures and processes to govern the design, construction and operational phases of such tunnels. In Ireland, the Dublin Port tunnel and the Jack Lynch tunnel fall under the ambit of the directive.

Air Services.

Dan Boyle

Question:

113 Mr. Boyle asked the Minister for Transport if the photographic identification policies of certain aviation companies may represent a restraint of trade; and if companies have been or are being examined for such practices. [15890/06]

The question as to whether the requirement for photographic evidence by certain aviation companies represents a restraint of trade is a matter that should be raised with my colleague the Minister for Enterprise, Trade and Employment. I understand that airlines' requirements in respect of the forms of identification acceptable to them are clearly set down in the terms and conditions provided to passengers when booking and purchasing tickets. Decisions by any airline regarding what they consider to be acceptable identification for their own purposes are matters entirely for those airlines and not matters in which I have any function. Passengers intending to travel on aircraft should pay particularly close attention to those requirements. With increasing airline security requirements passengers will be asked to present forms of identification at departure gates when seeking to board flights.

National Drugs Strategy.

Charlie O'Connor

Question:

114 Mr. O’Connor asked the Minister for Community, Rural and Gaeltacht Affairs if funding will be made available to facilitate the continuation of the highly successful pilot project to rehabilitate cocaine users (details supplied) in Dublin 24; his views on the importance of the project; and if he will make a statement on the matter. [15859/06]

As the Deputy is aware, the project in question was established as part of a series of pilot cocaine interventions. An evaluation of the project is currently being carried out and I expect this will be submitted to my Department in the near future.

Notwithstanding the fact that it was established on a pilot basis, and that the evaluation of the project is not yet complete, I am glad to be able to inform the Deputy that additional funding has been allocated to facilitate its continuation until the report on the evaluation is received and considered.

Farm Waste Management.

Paddy McHugh

Question:

115 Mr. McHugh asked the Minister for Agriculture and Food if she has approved specifications for less expensive storage options for providing storage capacity required under the nitrates directive particularly earthen bank tank storage; and if she will make a statement on the matter. [15744/06]

On 24 March I introduced a revised farm waste management scheme in order to assist farmers in meeting the additional requirements arising from the nitrates directive. Under the revised scheme, grant-aid is extended to include, inter alia, the construction of earth-lined slurry-effluent stores. In conjunction with the launch of the revised scheme, my Department published minimum specifications for the construction of such stores.

EU Directives.

Paddy McHugh

Question:

116 Mr. McHugh asked the Minister for Agriculture and Food her views on whether her Department should be the sole agency inspecting farms under the nitrates directive as part of their single farm payment cross-compliance obligations; her further views on whether such inspections should only take place in accordance with the charter of farmers’ rights under single farm payment cross-compliance; and if she will make a statement on the matter. [15745/06]

An important part of the reform of the CAP leading to the creation of the single payment scheme is the creation of an effective link between EU support for agriculture and measures aimed at protecting the environment and improving the countryside as well as achieving high standards in food safety and in animal health and welfare. Farmers receiving direct aid under the single payment scheme are required to observe various statutory management requirements, SMRs, on the environment, food safety, animal health and welfare and plant health. They must also maintain their land in good agricultural and environmental condition. This is known as cross-compliance.

My Department, as the EU accredited paying agency, will have primary responsibility to ensure that the required level of cross-compliance inspections is carried out and for fixing any sanctions to be applied. At the same time the competent control authorities are responsible for ensuring compliance with the standards and requirements defined under the SMRs and good agricultural and environmental conditions. For example, the Department of the Environment, Heritage and Local Government, local authorities and the Environmental Protection Agency have statutory responsibility for compliance with the requirements defined in the sewage sludge, nitrates and protection of ground-water directives. The existence of cross-compliance inspections under the single payment scheme does not preclude the competent control authorities from meeting their own obligations under the various SMRs. There is a requirement for cross-reporting between the competent control authorities and the paying agency.

Grant Payments.

Joe Walsh

Question:

117 Mr. Walsh asked the Minister for Agriculture and Food when payment of a single farm payment will be made to a person (details supplied) in County Cork. [15813/06]

An application under the single payment scheme was received from the person named on 13 May 2005. During the processing of the application, matters arose which required to be satisfactorily resolved before payment could issue. Correspondence relating to these matters issued to the person named with a view to resolving the matter, but a reply has not been received to date. An official from my Department has since been in direct contact with the person named, following which, the person named has agreed to furnish the required documentation. Immediately on receipt of this documentation, the application will be processed for payment.

National Reserve Allocations.

David Stanton

Question:

118 Mr. Stanton asked the Minister for Agriculture and Food further to parliamentary questions of different dates the number of applicants pertaining to national reserve regarding the allocations of entitlements, who have been notified that they have been allocated entitlements to date; the number of applications awaiting decision; when the outstanding applicants can expect a decision; and if she will make a statement on the matter. [15815/06]

Some 17,500 farmers submitted applications to the national reserve but when account is taken of the number of farmers who applied under two or more categories over 23,000 files have to be processed. Following the first tranche of allocations, 4,979 letters have issued to applicants who were successful in their application and 6502 letters have issued to unsuccessful applicants. Processing of applications is continuing and allocations will be made where appropriate over the coming weeks.

Many of the cases remaining to be processed have applied under more than one category. The regulations provide that where an applicant is successful under more than one category he or she can only be given an allocation under the category that is most beneficial. In addition, some 3,500 of the remaining applicants to the national reserve have already benefited under other force majeure or new entrant measures during the reference period. The national reserve applications from these farmers are still being assessed to establish whether the provisions of its regulations which preclude double benefit or accumulation in certain circumstances are appropriate.

Grant Payments.

Jimmy Deenihan

Question:

119 Mr. Deenihan asked the Minister for Agriculture and Food when a single payment will be made to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [15816/06]

An application under the 2005 single payment scheme was received from the person named on 5 May 2005. However, payment could not issue as the herd number registration details were changed on 16 April 2005, with the addition of the son of the person named. To allow payment of the entitlements established in the sole name of the person named to issue in the joint names of the person named and his son, it was necessary that an appropriate transfer be effected. This has now been completed and payment will issue shortly.

Jimmy Deenihan

Question:

120 Mr. Deenihan asked the Minister for Agriculture and Food if a single farm payment will be made to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [15817/06]

The person named submitted an application for an allocation of entitlements from the single payments scheme national reserve under category D. 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.

A formal letter setting out my Department's decision has issued to the person named and he has been notified that if he is dissatisfied with my Department's decision in regard to the national reserve he now has the opportunity to appeal this decision to the independent payment appeals committee. An appeals application form is available from any of my Department's offices or on the Department's website at www.agriculture.gov.ie.

My Department has been contacted on behalf of the person named and has agreed to also have the application assessed under category A and category B. 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 2000-02.

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 2000-02. Investments can include purchase or long-term lease of land, purchase of suckler and-or ewe quota or other investments. My Department has requested that documentary evidence supporting an application under category A and category B be provided. On receipt of this evidence my Department will consider eligibility under these categories.

Animal Diseases.

Denis Naughten

Question:

121 Mr. Naughten asked the Minister for Agriculture and Food if she will confirm that exotic birds were illegally imported into this country on Good Friday; when her Department became aware of the possible illegal importation; if her Department is aware of any other import of such birds; the steps she is taking to trace the birds in question; and if she will make a statement on the matter. [15830/06]

A consignment of hobby birds was imported on Friday 14 April through Rosslare Port to a registered importer. The consignment in question originated in another member state and, as such, was not subject to any EU ban, though such importations are subject to spot checks.

Consignments of this nature must comply with the requirements of a general authorisation issued under the European Communities (Diseases of Animals Acts, 1966 and 1979 Orders) (General Authorisations for Imports) Regulations 1985, the conditions attaching to which require that the hobby birds must come from a holding which has been registered by the competent authority in accordance with Article 4 of Council Directive 92/65/EEC; come from a holding in which avian influenza has not been diagnosed in the 30 days preceding the dispatch; come from a holding and an area not subject to restrictions under Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease; be accompanied by a declaration completed and signed by the owner of the hobby birds; and in the case of psittacidae, be accompanied by a certificate signed by an official veterinarian of the country of export.

In addition to these requirements, all but one of which were met, advance notice is required to be given to my Department not less than 24 hours prior to the intended date of importation and, under animal disease control measures, an official notification of the consignment, TRACES, is dispatched from the district veterinary office of the country of origin to the district veterinary office of the country of destination.

In this particular case the consignment was not accompanied by the owner's declaration and my Department was not given the advance notice of the importation by the importer, though the TRACES message was despatched by the competent authorities in the exporting country on 13 April.

Limited anonymous information about the importation was received by my Department on Thursday, 13 April and this information was passed to my Department's office at Rosslare. Similar anonymous information was received by the Customs and Excise service and the Department of the Environment, Heritage and Local Government. In all three cases the information provided was insufficient to identify the consignment on importation and, contrary to subsequent newspaper reports, my Department's officials did not have "detailed knowledge" of the importation.

It is the case that the absence of the owner's declaration and the failure to provide advance notice of the importation represented a breach of the requirements, a fact since acknowledged by the importer who has undertaken to provide such notice in respect of all future importations. Officials of my Department met the importer at his premises on 24 April 2006. All of the documentation associated with this particular consignment was in order. The official documentation, including the health certificate, signed by an official veterinarian in the member state, and the details provided in the official notification issued by the competent authority in the exporting member state, provided by the importer was consistent with the birds present on the importer's premises.

There is no evidence to support suggestions that some birds in the consignment had died in transit or that any bird carcases were subsequently illegally disposed of. The importer has been the subject of previous inspections by my Department, as are other registered importers, and on all previous occasions his importations have been found to be legal and all importation requirements to have been complied with.

In the context of avian influenza, my Department has introduced a robust range of precautionary measures and fully implements all EU controls, including those relating to the importation of exotic birds. It should be noted that imports of pet birds from within the EU represent a low risk to Ireland's health status; the avian flu virus is more prevalent in wild birds whose entry cannot be controlled.

Grant Payments.

Gerard Murphy

Question:

122 Mr. G. Murphy asked the Minister for Agriculture and Food the position regarding an application for a person (details supplied) in County Tipperary in regard to their application under the national reserve under category D; and if she will make a statement on the matter. [15861/06]

The person named submitted an application for an allocation of entitlements from the single payments scheme national reserve under category D. 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.

A formal letter outlining my Department's decision on the national reserve application has issued to the person named. If he is dissatisfied with this decision he now has the opportunity to appeal the decision to the independent appeals committee. An appeals application form is available from any of my Department's offices or on the Department's website at www.agriculture.gov.ie.

Pat Breen

Question:

123 Mr. P. Breen asked the Minister for Agriculture and Food, further to Question No. 559 of 21 March 2006, if a person (details supplied) in County Clare has received the single payment entitlements; if so, the amount of same; and if she will make a statement on the matter. [15864/06]

Under EU legislation, in order to draw down his or her full single payment, 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.

The person named established 36.36 entitlements with a unit value of €192.69 per entitlement, and a total value of €7,532.34. The single payment scheme application form received on May 4, 2005 declared 33.97 forage hectares. Accordingly, a payment amounting to €6,349.31, €192.69 per hectare declared on the application form, issued on 1 December, 2005.

Subsequently the unit value was increased to €207.16 per entitlement as a result of the transfer of the additional amount of €542.00, €14.47 unit value per entitlement for the 36.36 entitlements held by the applicant. A supplementary payment of €491.55 less a deduction of €14.75 for modulation based on the declared area of 33.97 hectares issued on March 27, 2006. If the applicant declares 36.36 eligible hectares in his 2006 single payment scheme application, he will be entitled to benefit from the full single payment if he adheres to the conditions of the scheme.

Sugar Beet Industry.

David Stanton

Question:

124 Mr. Stanton asked the Minister for Agriculture and Food the discussions or negotiations she has had or intends to have with Greencore plc., regarding the possibility of utilising the Mallow plant to provide raw material to produce ethanol from sugar beet or other such energy crops; and if she will make a statement on the matter. [15872/06]

The question of utilising the Mallow plant for bioethanol production is a matter for commercial decision by Greencore. I have been informed that the company has no plans for using the Mallow plant for that purpose.

Paul Kehoe

Question:

125 Mr. Kehoe asked the Minister for Agriculture and Food the position in relation to a farmer in the farm retirement scheme who has leased their beet quota to another farmer and the lease has four or five years to run; if they are entitled to the capital compensation as they are the owner of the quota or if the person who has the quota leased from them receives it; and if she will make a statement on the matter. [15893/06]

I presume the Deputy is referring to the restructuring aid for the sugar industry provided for under Council Regulation (EC) No 320/2006. Arrangements for the operation of this aid scheme cannot be finalised until the EU Commission adopts the relevant implementing rules regulation, which is likely to happen next month.

Citizenship Applications.

Caoimhghín Ó Caoláin

Question:

126 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he has read a report (details supplied) just published by the Children’s Rights Alliance; the steps his Department is taking to implement its recommendations; and if he will make a statement on the matter. [15866/06]

The report referred to in the Deputy's question is entitled, All our Children — Child Impact Assessment for Irish Children of Migrant Parents, by the Children's Rights Alliance which was commissioned by CADIC — Coalition Against the Deportation of Irish Children. The report was furnished to my Department on 24 April 2006. The report will require examination but, on a preliminary basis, it can be said that, in essence, it calls for a child impact assessment — templates for which are provided in the report — to be carried out in respect of two sets of children: (i) those Irish citizen children, that is, born before 1 January 2005, whose parents failed to be granted leave to remain under the IBC(05) scheme which I introduced in January 2005. The report maintains that such children may face de facto deportation if their parents are deported arising from their failure under the scheme; and (ii) those Irish citizen children whose parents were granted leave to remain under the scheme but who cannot be reunited with their siblings currently residing in the parents’ country of origin because of the specific prohibition on family reunification under the IBC(05) scheme.

The report sets out what it believes to be the various legal bases for such child impact assessments and cites the use of assessments — not specifically in the area of immigration control — in countries such as the UK, Belgium and Sweden.

The report sets out a "rights based" model for Ireland in creating a child impact assessment for the Irish children of migrant parents facing deportation and for those seeking family reunification. The model calls for, inter alia, an economic examination of the country of destination of the child, taking account of its health and social services, unemployment rate, poverty levels and so on.

It should be noted that the concept of a child impact assessment was first put forward by the Children's Rights Alliance and by CADIC in a period where there was the prospect of deportations of significant numbers of parents of Irish-born children. That period was in the interregnum between the L&O judgment of the Supreme Court in January 2003 which, in essence, stated that parents of Irish-born children could be deported, and the initiation of the IBC(05) scheme by me in January 2005 which allowed for the granting of leave to remain to such parents. That scheme followed from the citizenship referendum in 2004 and the passing by the Oireachtas of the Immigration and Citizenship Act 2004, the effect of which is that children born to non-nationals from 1 January 2005 no longer enjoy an automatic right to citizenship. Under the IBC(05) scheme, 16,693 non-nationals were granted leave to remain on the basis of their parentage of children born in Ireland before 1 January, 2005. The scheme was a generous response by the State to the situation of those non-national parents of children born before 1 January 2005. A specific condition of the scheme was that no rights to family reunification arose from it. Refusal decisions were given in 1,119 cases: a breakdown of the reasons for the refusal of these applications is shown in the table. The individual circumstances of those who were refused under the scheme will be considered prior to any decision being made resulting in deportations. It is not possible to say at this stage how many such deportation decisions will be made.

In relation to the broad issues raised in the report it should first be stated that an Irish citizen child cannot be deported from the State. Nonetheless, in the Supreme Court judgment in the L&O case on 23 January 2003, it was held that parents of an Irish citizen child do not enjoy an entitlement to reside in the State. The judgment is complex but an important finding was that while an Irish child has a right to have the care and company of its parents, there is no absolute right for this to take place in Ireland; further, that the Government may determine to deport a family, notwithstanding the effective removal of the Irish-born child, without violating the child's rights. Moreover, the court held that it cannot be said as a matter of law that the parents of a minor can assert a choice to reside in the State on behalf of a minor, even if that could be said to be in the interests of the minor.

I have stated in response to several Dáil questions that it is accepted that non-national parents and children who are subject to deportation will return to countries which have welfare and health services inferior to ours and that this is not, in itself, a basis for allowing persons to remain here.

It must also be understood that, under the existing arrangements, before any deportation order can be made it must be preceded by a process where 11 factors under section 3(6) of the Immigration Act 1999, as amended, must be considered. Among these factors are the family and domestic circumstances of the persons concerned; the common good; and humanitarian considerations. In that process, the individual circumstances of the child are considered, even if such a consideration would not fall to be described as a child impact assessment as set out in the Children's Rights Alliance document.

The report will be considered in detail taking into account the matters referred to above and a response will issue to the Children's Rights Alliance in due course.

Breakdown of reasons for refusal of applications under the IBC(05) Scheme

Reason for refusal*

Total

Continuous residence not proven

566

No identity proven

104

Granted refugee status

94

Criminality

78

No role in upbringing of IBC

71

IBC born in 2005

48

Not the parent

38

IBC & parent abroad

34

IBC abroad

33

Applicant abroad

21

Already had status

12

Withdrew

8

Statutory declaration not signed

7

Child not born in Ireland

3

Deceased applicants

2

Total

1,119

*Note that in some cases more that one reason for refusal was given. For the sake of statistical consistency such cases are recorded under one principal reason.

Residency Permits.

Pat Breen

Question:

127 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the progress which has been made in processing the application by a person (details supplied) in County Clare in applying for a residency certificate for their daughter; and if he will make a statement on the matter. [15808/06]

The application for residency in the State for the person in question is currently being processed. A request for further documentation has issued and on receipt of the required information a final decision will be made.

Garda Deployment.

Jim O'Keeffe

Question:

128 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number employed in An Garda Síochána on public service vehicle inspection duties; the number of those who are civilians and members of An Garda Síochána; and the nature of the duties involved. [15809/06]128.

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 Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

I have been further informed that there are a total of 24 gardaí, all ranks, employed as public service vehicles inspectors in the Garda Síochána. There are no civilians employed as public service vehicles inspectors. Garda management states that public service vehicles inspectors carry out the following duties: the issuing of small public service vehicle licences; issuing of large public service vehicle licences; inspecting vehicles involved in serious and fatal accidents where detailed and technical examination is required; the inspection of all Garda vehicles; and the monitoring of all taxis, hackneys, buses etc.

I wish to point out to the Deputy that significant progress has been made on the implementation of the civilianisation programme approved by Government in 2001. A total of 113 civilian finance officers have been appointed and are carrying out the district finance officer duties which were hitherto performed by gardaí. Moreover, the recent establishment of the Garda information service centre, GISC, in Castlebar, manned by civilian staff, and the pending transfer of civilian staff from the Department of Justice, Equality and Law Reform to the Garda Síochána as civil servants of the State, are significant developments in the context of greater Garda civilianisation.

The establishment of the GISC alone will, when fully operational, allow for the equivalent of up to 300 gardaí to be freed up for frontline outdoor policing duties on a daily basis. A further review of civilianisation possibilities in the Garda Síochána is now under way with a view to securing many more redeployments of desk-bound gardaí to frontline, operational duties over the next four years.

I should also say that the timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in An Agreed Programme for Government remains as when I announced the Government approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of the Garda Síochána to 14,000 will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda college during 2005. The college will induct a further 1,100 recruits this year and again in 2007 by way of intakes to the Garda college of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 2006. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources.

Road Traffic Offences.

Jim O'Keeffe

Question:

129 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the procedures which are in place or guidelines which have been established to facilitate the enforcement of the Road Traffic Acts by the Garda Síochána in respect of non-nationals and in particular to deal with the inspection of documentation including insurance certificates in foreign languages; if his attention has been drawn to the difficulties which have arisen in this regard; and if he will make a statement on the matter. [15810/06]

The Supreme Court in the case of the Director of Public Prosecutions v Patrick O’Connor considered the application of EC Directive 72/166/EEC in this jurisdiction. The court held that random, non-discriminatory checks were permitted, but that if checks are to be random they should not be aimed against foreign registered cars only. The enforcement of the Road Traffic Acts by members of the Garda Síochána does not distinguish between Irish nationals and non-nationals.

I am informed by the Garda authorities that the insurance of foreign registered vehicles in use in Ireland is covered by the green card system. This system was established in 1953 to facilitate free movement of vehicles across territorial borders and to ensure equal treatment for victims of collisions caused by foreign vehicles. The green card is an international motor insurance certificate. This document is recognised in all EU member states as evidence of insurance. The Motor Insurers Bureau of Ireland is the body with responsibility for the operation of the system in Ireland.

I am further informed by the Garda authorities that translation facilities are available to the Garda Síochána should they be required.

A new foreign language road safety campaign was recently launched by my colleague the Minister for Transport. The objective of the campaign is to provide safety information to various minority ethnic groups. It focuses on legal requirements and road safety advice when driving in Ireland. Leaflets have been printed in a number of different languages and distributed to Garda stations and workplaces where non-nationals are likely to work.

Garda Transport.

Jim O'Keeffe

Question:

130 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number employed in the Garda transport unit servicing and maintaining vehicles; the number of those who are civilians and members of the Garda force; the duties involved; and the extent of their involvement in the service and maintenance of ministerial cars as opposed to official Garda cars and motor cycles. [15811/06]

I am informed by the Garda authorities that the fleet management — transport — section of the Garda Síochána is under the control of a chief superintendent and has the following personnel.

Superintendent

1

Fleet Manager (Civilian)

1

Sergeant

5

Garda

7

Clerical Officers (civilian)

4

There are two sergeants and five gardaí directly involved in the servicing and maintenance of Garda vehicles which for security purposes do not go to outside garages. With the exception of emergency repairs, ministerial cars are serviced at the main dealers.

A recent review of transport maintenance and related activities within the Garda Síochána, arising from the strategic management initiative, recommended that the Garda should consider outsourcing the entire maintenance activity including management of the fleet. In that regard my Department recently issued a request for information for the provision of maintenance, repair and management services for the vehicle fleet of the Garda Síochána. The purpose of this document is to provide background, briefing material and information to parties who may be interested in responding to the RFI. The closing date for receipt of proposals from interested parties is 16 May 2006.

Visa Applications.

Aengus Ó Snodaigh

Question:

131 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of a short-term visa application for a person (details supplied); and his views on when a decision might be reached regarding this application. [15818/06]

The application referred to by the Deputy was received in my Department on 20 April 2006 and is currently awaiting examination by a visa officer. The application will be considered in the coming weeks.

Garda Strength.

Michael Ring

Question:

132 Mr. Ring asked the Minister for Justice, Equality and Law Reform the number of gardaí who have taken early retirement in County Mayo for each of the past five years. [15836/06]

The position on Garda retirements is that members of the force who joined before April 2004 can retire on full pension after 30 years service, provided they are aged 50 or over. Members at the rank of garda, sergeant and inspector must retire by the age of 57, while members at superintendent rank and higher can remain in the force up to the age of 60. Members who joined after April 2004, following the enactment of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, may not retire on full pension until aged 55 and must retire by age 60.

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the number of gardaí in the Mayo division who retired from the force before reaching the maximum age for each of the past five years, and from 1 January 2006 to 26 April 2006, inclusively, is as set out in the following table.

Year

Number

2001

8

2002

6

2003

5

2004

9

2005

13

1/01/06-26/04/06

5

Garda Deployment.

Michael Ring

Question:

133 Mr. Ring asked the Minister for Justice, Equality and Law Reform the number of student gardaí who have been appointed to County Mayo for each of the past five years. [15837/06]

Michael Ring

Question:

134 Mr. Ring asked the Minister for Justice, Equality and Law Reform if student gardaí numbers are included in the Garda personnel figures given for the county of Mayo. [15838/06]

I propose to take Questions Nos. 133 and 134 together.

Student gardaí are not appointed as members of the Garda Síochána until attestation, following successful completion of phases I to III, inclusive, of the Garda Síochána training programme. On attestation, newly appointed members are assigned to the various Garda divisions by the Garda Commissioner. Any statistics on Garda strength make clear the distinction between attested gardaí and student gardaí.

Road Traffic Offences.

Catherine Murphy

Question:

135 Ms C. Murphy asked the Minister for Justice, Equality and Law Reform if on the spot fines are no longer issued following the introduction of the new hand held devices to issue fines; and if he will make a statement on the matter. [15840/06]

I am informed by the Garda authorities that prior to the rollout of the fixed charge processing system on 3 April 2006 a number of non-penalty point offences were dealt with by the fines on the spot system. Since 3 April the use of hand-held devices and notepads replaced the fines on the spot system and all offences are being dealt with under the fixed charge processing system.

This system involves the detecting Garda recording the offences on either a hand-held terminal or a notepad. A fixed charge notice is then issued and posted from the national processing office to the owner of the vehicle as recorded on the national vehicle file.

Legislative Procedures.

Jim O'Keeffe

Question:

136 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns that have been expressed by the Ombudsman and others regarding the law making status of secondary legislation that is not passed by an affirmative vote of the Houses of the Oireachtas under Article 15.2.1 of Bunreacht na hÉireann; and his views on whether this is an issue that should be referred for examination by the Law Reform Commission. [15858/06]

As the Deputy will be aware, it is well established that the Oireachtas may delegate the power to make rules, orders, regulations etc., to the Government, a Minister or other authority in order to carry out the main purpose of the law which the Oireachtas has enacted. Rules etc., made in purported reliance on such a law can be, and have on occasion been successfully, challenged in the courts, and over the years account has been taken of those judgments by the Oireachtas in the framing of primary legislation to ensure that the delegation of power to make secondary legislation is in accordance with constitutional provisions.

I understand that those involved in the drafting of legislation are aware of the constitutional limits which exist in relation to delegated legislation. I also understand that the Attorney General does not have in contemplation a reference of the matter to the Law Reform Commission.

Citizenship Applications.

Róisín Shortall

Question:

137 Ms Shortall asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 9 has been refused naturalisation; the reason the person did not receive a stamp on their passport from December 2002 and November 2003; and if this aspect of their application will be reviewed to assist their case. [15867/06]

The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. Those conditions are that the applicant must be of full age, or by way of exception, be a minor born in the State; be of good character; have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; and have made, before a judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

In the context of naturalisation certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996. The person referred to by the Deputy arrived in the State in October 1998 and claimed asylum. He subsequently withdrew that application and applied for permission to remain in the State based on parentage of an Irish-born child. Permission to remain on that basis was granted in November 1999.

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the citizenship section of my Department on 7 January 2004. The person concerned had not been resident in the State for five years at the time he applied and did not satisfy the statutory requirement of having one year's continuous reckonable residence in the State immediately prior to applying for naturalisation. He did not have permission to remain in the State between December 2002 and November 2003.

In September 2002, my officials were informed by the Garda that the person concerned was no longer living with his wife and his Irish-born child. Correspondence ensued with the individual and his legal advisers over the next number of months to clarify the situation. It was established that the person concerned was not residing in the same household as the child. Notwithstanding this, it was decided to renew his permission to remain in November 2003 following receipt of appropriate documentation confirming that he was discharging the role of parent to the child. Consequently, the person concerned did not have permission to remain in the State for the period December 2002 to October 2003, and this period does not, therefore, reckon for the purposes of naturalisation. As the person in question did not meet the statutory residency requirement at that time, his application was deemed ineligible and he was informed of this decision in writing in February 2006. It is open to him to submit a new application if and when he is in a position to meet the statutory requirements as set out above.

Registration of Title.

Michael Ring

Question:

138 Mr. Ring asked the Minister for Justice, Equality and Law Reform if he will instruct the Land Registry Office to expedite a dealing application (details supplied) in County Mayo. [15868/06]

I have requested the Land Registry to contact him directly concerning the current position of the application in question.

Garda Property.

Aengus Ó Snodaigh

Question:

139 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the area in square metres of the previous forensic laboratory of the Garda; the size in square metres of the planned new building in Phoenix Park headquarters; if it will have adequate space to expand as this science continues apace; when a planning application will be submitted; and if he will make a statement on the matter. [15875/06]

Work is under way on the specification and design of a new building for the forensic science laboratory. At this stage in the process, the precise details of the new premises remain under consideration but the intention is to provide a modern, state-of-the-art facility which fully accommodates the needs of the laboratory well into the future.

Refugee Legal Services.

Dan Boyle

Question:

140 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the way in which the decision not to make a European Refugee Fund allocation in 2006 to the NASC organisation in Cork was arrived at; and when applications to other parts of the country were agreed to. [15881/06]

Dan Boyle

Question:

141 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the persons who partake in the independent committee that makes recommendations relating to the European Refugee Fund. [15882/06]

Dan Boyle

Question:

142 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the criteria used by the committee which recommends European Refugee Fund decisions. [15883/06]

Dan Boyle

Question:

143 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the decision made by the independent committee of the European Refugee Fund regarding the NASC organisation in Cork. [15884/06]

Dan Boyle

Question:

144 Mr. Boyle asked the Minister for Justice, Equality and Law Reform if the final decision on use of the European Refugee Fund is made by an independent committee or elsewhere in his Department. [15885/06]

I propose to take Questions Nos. 140 to 144, inclusive, together.

The selection of suitable proposals for co-financing under the European Refugee Fund 2005-07 took place on 27 March 2006. Final decisions on the successful projects were made by an independent selection committee comprising representatives from both governmental and non-governmental organisations. As indicated in the guidelines published with the call for proposals on 4 October 2005, decisions made by the selection committee are not subject to appeal. Amounts are allocated to the successful projects immediately following the decision of the committee. Applications for co-financing totalling €5 million in respect of 32 projects were received. However, as only around €3 million was available for distribution, it was inevitable that some projects would not be funded. In this context, the NASC project did not receive funds on this occasion. In line with current practice on ERF funding, the fact that an organisation had been co-financed by the European Refugee Fund in the past was not a guarantee of continued funding as each application was assessed in respect of the merits of all the other applications received.

In considering the applications for funding, the committee had regard to the European Council decision of 2 December 2004 establishing the European Refugee Fund for the period 2005 to 2010 and the guidelines published with the call for proposals on 4 October 2005. Other criteria included the degree to which each proposal complemented overall national requirements, cost effectiveness, organisational capacity, and the sustainability and long-term benefits of each proposal.

The selection committee had a non-voting chairperson, Mr. John Haskins of the Reception and Integration Agency and the nine members were as follows: Sr. Bríd Keenan, Vincentian Refugee Centre, St. Peter's Church, Phibsboro; Mr. Eamonn Martin, Sophia Housing Association; Ms Niamh O'Doherty, Comhairle; Mr. William O'Dwyer, diversity and equality law division, Department of Justice, Equality and Law Reform; Sr. Joan Roddy: Churches Asylum Network and Refugee Project; Mr. Gerard Roughneen: Reception and Integration Agency, Department of Justice, Equality and Law Reform; Ms Anne Marie Treacy, asylum policy division, Department of Justice, Equality and Law Reform; Ms Jennifer Wallace, National Consultative Committee for Racism and Interculturalism; and Ms Emily Wiinblad, United Nations High Commissioner for Refugees.

Asylum Applications.

Dan Boyle

Question:

145 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the appeal procedures which exist for refugee and asylum seekers who have been asked to leave designated accommodation centres. [15886/06]

The reception and integration agency is responsible for the accommodation of asylum seekers through the policy of direct provision and dispersal. The RIA is not responsible for the provision of accommodation to refugees. Persons with refugee status have the same housing entitlements as Irish citizens and as such, do not fall within the remit of the RIA or any other agency of the Department of Justice, Equality and Law Reform for the provision of designated accommodation. At the end March 2006, the RIA's accommodation portfolio comprised 63 accommodation units across 22 counties, accommodating approximately 4,900 persons and 92 different nationalities.

Every asylum seeker accommodated by the RIA is provided with a copy of the Direct Provision Reception and Accommodation Centre Services, Rules and Procedures. This booklet is available in six languages, including English and includes information on services provided at centres, house rules, complaints procedures, child protection and fire safety. I am arranging for a copy of this booklet in English to be sent to the Deputy for his information.

While the RIA and centre managers endeavour and succeed in the main to resolve issues arising at centres in an informal way, formal warnings are issued where required and appropriate action taken if these warnings are not heeded. The RIA is primarily concerned for the safety of all residents and staff at accommodation and reception centres. In particular, the protection of children is paramount. In that regard, violence and personal and racist abuse towards fellow residents, staff and, above all, children is unacceptable to the RIA and will be met with swift and decisive action in order to protect the safety of those affected. Where the actions of an individual are such that the safety of residents and or staff at any centre would be jeopardised by the placement of that person back in RIA accommodation, the RIA cannot agree to such a placement.

It should be noted that incidents of such a serious nature as to lead to an asylum seeker being excluded from RIA accommodation are extremely rare. Nonetheless, it is necessary on occasions for the RIA to expel an individual from an accommodation centre. The circumstances in which this can occur are detailed in section 3.22 of the rules. The RIA will, as a matter of course, consider any request for the reinstatement of an individual so expelled. However, the RIA have a duty of care towards residents and staff of accommodation centres and, in order to be reinstated in a RIA accommodation centre, the individual concerned would have to entirely satisfy the RIA that they no longer posed a threat to the safety and welfare of residents and staff.

The Deputy might also wish to note that the RIA has accommodated just under 42,000 asylum seekers since 2000 and the overwhelming majority of these residents have spent their time in RIA accommodation in a peaceful and satisfactory fashion. Residents are facilitated with additional on-site supports such as GP and public health nurse services, community welfare, pre-school facilities, play facilities and English language supports. Furthermore, local support groups play an active role with residents and greatly assist them during their time in direct provision accommodation and beyond.

Crime Levels.

Emmet Stagg

Question:

146 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the headline crime statistics, by category, in the Leixlip area of County Kildare in the Dublin metropolitan area west for 2000, 2001, 2002, 2003 and 2004; the quarterly figures for 2005; and the figures for the first quarter in 2006. [15892/06]

Headline crime statistics from 2000 to 2004 for the Garda division of Dublin west, which includes the Leixlip area, are available in the relevant Garda annual reports. The breakdown of headline crimes recorded by Garda division for 2005 on a quarterly basis is not currently available and will be published at a later date.

Residency Permits.

Bernard J. Durkan

Question:

147 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the determination of residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [15895/06]

The person concerned arrived in the State on 2 November 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, she was informed by a letter dated 17 November 2005 that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. I expect the file to be passed to me for decision in due course.

Bernard J. Durkan

Question:

148 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the residential status in the case of a person (details supplied) in Dublin 6 in view of the likely and serious consequences in the event of being returned to their homeland; and if he will make a statement on the matter. [15896/06]

I wish to advise the Deputy at the outset that the case of the person concerned falls under the terms of the Dublin II regulation, Council Regulation (EC) No. 343/2003. This regulation is intended to prevent the phenomenon of asylum shopping across Europe and sets out criteria for determining which member state is responsible for examining an asylum application where applications have been lodged in more than one State. At the same time, it guarantees applicants that one state will process their application, thereby preventing the creation of refugees in orbit, a situation which had obtained in Europe prior to the introduction in 1995 of its predecessor, the Dublin Convention. Under the Dublin Convention and the Dublin II regulation, the Office of the Refugee Applications Commissioner, ORAC, can on the basis of the relevant criteria request another state to accept responsibility for an asylum application and have it processed in that state.

The person concerned made an asylum claim in Ireland on 29 March 2005. Following investigation, it was determined by the ORAC, pursuant to the provisions of the Dublin II regulation, that France was the appropriate state to process his application as he had already made an asylum claim there on 2 July 2004. The person concerned was offered an opportunity to appeal the determination of the ORAC to the Refugee Appeals Tribunal, which he duly did through his legal representative, the refugee legal service on 18 August 2005. The tribunal upheld the determination of the ORAC that the person concerned should have his asylum claim examined in France and he was formally notified of this decision by letter dated 7 November 2005. The person concerned was kept informed of developments throughout the course of his asylum application in Ireland and he was made aware as soon as it was possible to do so that his case came under the terms of the Dublin II regulation.

France accepted responsibility for the case of the person concerned, with the consequence that a transfer order was signed in respect of him on 29 July 2005. This order issued to him on 2 August 2005, requiring him to present himself to the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2, on 8 August 2005. He failed to present as required and is now classified as having evaded his transfer. Consequently, he is now liable to arrest and detention. He should therefore present himself to the Garda Síochana without further delay so that travel arrangements can be made to effect his transfer to France.

In accordance with the provisions of the Dublin II regulation, France and not Ireland is responsible for examining the asylum claim of the person concerned. As a result, it is not my intention to examine his asylum claim here nor is it my intention to grant the person concerned any period of leave to reside here. Given that the person concerned lodged his initial asylum claim in France, it is entirely appropriate that he be transferred to that State.

Garda Operations.

Bernard J. Durkan

Question:

149 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he is satisfied regarding the degree to which Garda authorities receive co-operation from police forces in other European jurisdictions with particular reference to efforts to combat drug trafficking; and if he will make a statement on the matter. [15897/06]

I am informed by the Garda authorities that international co-operation between law enforcement agencies is achieved in a number of ways, including the exchange of strategic and operational intelligence on the activities and modi operandi of criminal networks and organisations. This includes the exchange of intelligence relating to the trafficking and distribution of drugs.

The Garda Síochána has an excellent level of co-operation with police forces from other jurisdictions through formal agreements and informal police-to-police contact. A network of formal and informal contacts has been developed with EU and non-EU countries. In order to facilitate co-operation between law enforcement agencies in the investigation of criminal activity, the Garda Síochána has a number of liaison officers posted in EU member states. In addition, Ireland is a member of Europol and has access through its liaison officers based at Europol's headquarters in the Hague to police forces throughout the European Union. The Garda Síochána has sought and been successful in receiving EU funding to conduct conferences and seminars designed to enhance co-operation between law enforcement agencies throughout the European Union. Ireland has direct access to all Interpol national bureaux. Currently, more than 180 countries are members of Interpol.

International co-operation is also achieved through investigations conducted by the Garda Síochána within the State at the request of foreign law enforcement agencies and by the Garda Síochána requesting the assistance of other law enforcement agencies in conducting investigations on behalf of the Irish State in other jurisdictions. These requests are governed by the relevant legislation concerning mutual legal assistance in criminal matters.

A number of co-operation agreements are in place with Governments and police forces in other jurisdictions, including Hungary, the Russian Federation, Poland, Cyprus and Bulgaria. These cover a range of criminal justice matters, including co-operation in combating drug trafficking, money laundering, organised crime, trafficking in persons, terrorism and other serious crime. Negotiations are ongoing on proposals for agreements with other jurisdictions. In addition, the Garda Síochána has put in place memoranda of understanding between the money laundering investigation unit of the Garda Síochána and financial intelligence units in other jurisdictions. These pertain to co-operation in the exchange of financial intelligence on money laundering.

Asylum Applications.

Bernard J. Durkan

Question:

150 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of persons adjudicating on an application for asylum or refugee status; if a record has been kept of the number of negative or positive decisions given by each; if such adjudicator has never or rarely given a positive decision in respect of an applicant; and if he will make a statement on the matter. [15898/06]

I am advised by the Office of the Refugee Applications Commissioner, ORAC, that 66 civil servants are at present adjudicating directly on asylum casework in that organisation. Other staff in ORAC also provide support functions in the asylum area including dealing with cases under the EU Dublin regulation determining the member state responsible for processing asylum applications, family reunification functions, information technology support, reception duties in the applications centre and presentation work before the refugee appeals tribunal. I am also advised that ORAC does not retain the more detailed information requested by the Deputy on recommendations issued by that office. Insofar as the refugee appeals tribunal, RAT, is concerned, there are 33 members dealing with appeals arising from negative recommendations of ORAC. These members are appointed on a part-time basis under the Refugee Act 1996, as amended.

On the additional information requested by the Deputy regarding individual members of RAT, I am advised by the chairperson of the refugee appeals tribunal that as his organisation is a statutory body, independent in the performance of its functions under the provisions of sections 15 and 16 of the Refugee Act 1996, as amended, it would be inappropriate for him to provide the requested information.

Refugee Status.

Bernard J. Durkan

Question:

151 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of an appeal in the case of a person (details supplied) in Dublin 8 who has been refused refugee status; if his attention has been drawn to the political situation in the homeland of the person; if his attention has further been drawn to the likely threat to their well-being in the event of deportation; if full regard has been had for the persons entitlements under international law in such situations; and if he will make a statement on the matter. [15899/06]

I refer the Deputy to Question No. 319 of Thursday, 6 April 2006 and the written reply to that question. The position is unchanged.

Deportation Orders.

Bernard J. Durkan

Question:

152 Mr. Durkan asked the Minister for Justice, Equality and Law Reform, further to his reply to Question No. 324 of 6 April 2006, the progress in respect of the case with a view to extension of residency on the basis of being the mother of an Irish born child whose father has legal residency here; and if he will make a statement on the matter. [15900/06]

I refer the Deputy to my replies to Questions Nos. 726 and 781 of 26 January 2005, No. 129 of 14 April 2005, No. 143 of 19 May 2005, No. 470 of 31 January 2006, No. 194 of 9 March 2006 and No. 324 of 6 April 2006. As stated in my latest reply to the Deputy on 6 April 2006, an application has been received from the person concerned requesting revocation of her deportation order based on her relationship with a man granted refugee status in the State and their parentage of a child born in Ireland on 10 June 2005. This application is still under consideration by officials in my Department. The Deputy can, however, be assured that the person concerned will be notified of the outcome of this application as soon as a decision has been reached.

Missing Persons.

Bernard J. Durkan

Question:

153 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which a dedicated missing persons section is currently in operation in his Department; if adequate funding and resources are available for such operations; and if he will make a statement on the matter. [15901/06]

I am informed by the Garda authorities that the missing persons bureau of the Garda Síochána is responsible for maintaining data relating to missing persons. All cases of a person reported missing in suspicious circumstances remain open and under ongoing review and investigation until the person is located or, in the case of a missing person who is presumed drowned, a verdict to that effect by the coroner.

At present, local Garda management take direct responsibility for missing person cases, and special investigation teams are appointed as necessary. All missing persons are recorded on the PULSE system. When a person is reported missing, the local Garda superintendent takes direct responsibility for the investigation and will appoint an investigation team to include any specialised unit deemed necessary, for example, the national bureau of criminal investigation or the technical bureau. The systems put in place by the Garda Síochaná to manage and deal with reports of missing persons are in line with the best international police practice and Garda management is satisfied, and has assured me, that the systems and resources in place are adequate to deal with any reported case of a missing person.

The Garda Síochána interacts fully and as appropriate with all of the media outlets — print, radio and TV — in highlighting cases involving missing persons. The services of other external agencies such as Interpol and Europol are also available to assist in the investigation. In addition, every Garda district has a specially trained search team that is familiar with the locality. The investigation of missing persons is a dedicated subject on the curriculum at the Garda college, Templemore, and is also covered in in-service training.

The establishment of a national missing persons unit has been suggested from time to time and the matter is kept under ongoing review by the Garda authorities. There are arguments for and against such a proposal. The view of the Garda Síochána, which has been gained through experience, is that while specialist units prove extremely useful in investigating certain types of crime, missing person cases, by their nature, require specific local knowledge both about the area where they occur and the circumstances and background of the person who is missing.

Research regarding missing person investigations has previously been conducted by the police authorities in the United States of America. Garda authorities maintain close links with the John Jay College of Criminal Justice in New York. The Department of Justice, Equality and Law Reform functions as the central authority for Ireland in implementing the Hague and Luxembourg conventions which operate to secure the speedy return of an abducted child to its habitual residence, where the courts can decide how the child's best interest can be served.

The Garda authorities are continuously monitoring international developments in investigations of missing persons in order to ensure that best practice is followed. If their professional judgement is that some change in the existing legislation, protocols or structures would be of assistance in improving investigations, this would be considered by my Department.

Legal Aid Service.

Bernard J. Durkan

Question:

154 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he is satisfied that adequate resources have been made available by his Department to the Legal Aid Board to ensure the elimination of backlogs; and if he will make a statement on the matter. [15902/06]

I am satisfied that the Legal Aid Board has the necessary resources to deliver on its mandate and am pleased to be able to advise the Deputy that the board has made significant progress in reducing waiting times at its law centres. Legal services are currently being provided to all eligible persons within a maximum period of four months nationwide and at half of the board's law centres the maximum waiting time at the end of January 2006 was two months or less. This progress has been achieved largely due to the allocation of a substantial increase in the board's funding.

The board provides a priority service to persons seeking legal services for cases involving domestic violence, child care, child abduction and for certain other matters where there are statutory time limits. These cases are dealt with immediately and without going on a waiting list.

Question No. 155 answered with QuestionNo. 36.

Crime Levels.

Bernard J. Durkan

Question:

156 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of crimes committed by persons while on bail in each of the past five years; the number of such crimes deemed to be serious; and if he will make a statement on the matter. [15904/06]

Our legislative provisions for the granting of bail are very stringent. The sixteenth amendment of the Constitution provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. The Bail Act 1997 gave effect to the amendment and tightened up the bail regime generally. Furthermore, the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed shall be consecutive on any sentence passed on him or her for a previous offence. The granting of bail in accordance with the Act, the amount of bail and sentencing are matters for the courts which are, subject only to the Constitution and the law, independent in the exercise of their judicial functions.

In relation to bail in general, I would point out to the Deputy that during the term of office of the rainbow coalition the number of prisoners on temporary release reached an all time high of 20% at one stage. As a result of the action of this Government this so called revolving door system operated by the rainbow coalition has been stopped and the percentage of the prison population on temporary release now is approximately 2.3%. I am informed by the Garda authorities that the number of headline offences, by group, committed by persons on bail for years 2004 and 2005 are set out in the following table.

Group Type

Offences recorded in 2005*

Offences recorded in 2004

Group 01 — Homicide

23

20

Group 02 — Assault

242

281

Group 03 — Sexual Offences

36

26

Group 04 — Arson

27

23

Group 05 — Drugs

433

317

Group 06 — Theft

2,952

2,842

Group 07 — Burglary

1,245

1,172

Group 08 — Robbery

338

305

Group 09 — Fraud

196

224

Group 10 — Other Headline Offences

108

92

Totals

5,600

5,302

*Figures for 2005 are provisional, operational and liable to change.

I am further informed that 2004 was the first year information relating to the offences committed by persons on bail was published from the PULSE crime recording system. Comparable statistics for years prior to 2004 are not readily available and would require a disproportionate expenditure of Garda time and resources to extract the data from manual records.

The statistics in the Commissioner's report classify offences committed while on bail under the ten headline crime groups under which the report's statistics are categorised. It is important to note that all offences in, for example, the homicide group are not the homicide offences of murder and manslaughter. The homicide group of headline offences also includes the offences of attempted murder, murder threats, infanticide, abortion and procuring or assisting in an abortion.

I believe that these figures require further examination. I have therefore requested the Garda authorities to provide as a matter of urgency a detailed breakdown of the statistics given in the annual report and to provide additional information. Among the matters on which I have requested further information are data on the offences for which the offenders were on bail when they committed the subsequent offence and how many have been convicted of that subsequent offence. I expect to receive the information requested shortly, when it will be examined in my Department. Depending on the outcome of that examination, further research into the figures may be warranted with a view to seeing whether action is required.

Garda Operations.

Bernard J. Durkan

Question:

157 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the amount of assets seized to date by the Criminal Assets Bureau; and if he will make a statement on the matter. [15905/06]

The Criminal Assets Bureau is an invaluable tool for law enforcement in the fight against organised crime. Since its inception in 1996, the bureau has had many major successes in seizing the ill-gotten gains of criminals. The Criminal Assets Bureau takes actions under the Proceeds of Crime Act 1996 to seize property and assets which have been shown in the High Court to be the proceeds of crime. The Proceeds of Crime (Amendment) Act 2005 has enhanced the powers of the Criminal Assets Bureau in this regard.

The following table gives a year by year breakdown of the total value of orders obtained by the bureau under section 3 of the 1996 Act from the inception of the bureau in 1996 to 2004, inclusive:

Year

Amount

1996

€2,600,424

1997

€1,899,756

1998

€1,385,808

1999

€1,033,134

2000

€2,083,913

2001

€1,705,196

Stg £279,636

US $224,926

2002

€2,504,669

Stg £1,993,094

US $5,247,821

2003

€71,699

Stg £557,070

2004

€1,688,651

Stg £375

Total 1996 to 2004

€14,973,250

Stg £2,830,175

US $5,472,747

The figures in respect of orders obtained in 2005 are not yet available pending publication of the Bureau's Annual Report for last year.

Question No. 158 answered with QuestionNo. 55.

Asylum Applications.

Bernard J. Durkan

Question:

159 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of persons who have applied for asylum here in each of the past five years; the number approved, deferred or refused or pending in the same time; and if he will make a statement on the matter. [15907/06]

The information requested by the Deputy is set out in tabular format below.

Table 1: The number of asylum applications received by the Office of the Refugee Applications Commissioner and details of those granted and refused at first instance.

Year

No. of Asylum Applications Received

No. of Recommendations to grant refugee status (at first instance)

Asylum Applications Refused (at first instance)

2001

10,325

459

6,505

2002

11,634

894

7,466

2003

7,900

345

7,847

2004

4,766

430

6,460

2005

4,323

455

4,787

Table 2: The number of appeals* of first instance recommendations made to the Refugee Appeals Tribunal where the first instance recommendation was affirmed and details of the number of appeals resulting in the granting of refugee status.

Year

Appeals processed to decision where the first instance recommendation of ORAC was affirmed*

No. of appeals upheld (granted refugee status)*

2001

1,460

482

2002

3,599

1,099

2003

3,769

832

2004

5,394

708

2005

3,405

511

*Substantive and accelerated appeals only. Some appeals may be withdrawn before a decision is made at the appeal stage and there are also a number of manifestly unfounded appeals and appeals under the EU Dublin Convention/Regulation in each of the years set out in this table.

Table 3: The number of cases pending at the end of each year in each of the organisations and the number of cases pending for over 6 months at the end of each year.

Year

ORAC — Cases pending at year end

RAT — Cases pending at year end

Cases pending for more than six months in each agency (combined)

Total cases pending at year end

2001

8,483

2,641

6,500*

11,124

2002

5,094

2,456

n/a

7,550

2003

4,554

2,836

2,896

7,390

2004

2,350

1,346

1,144

3,696

2005

1,169

1,267

433

2,436

* This figure relates to the position at the end of September 2001.

Garda Strength.

Bernard J. Durkan

Question:

160 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of gardaí available for on-the-beat duty and station duty in each of the Garda divisions on a daily and nightly basis throughout the Dublin metropolitan divisions; if adequate numbers of patrol cars are readily available in each case; if those numbers are sufficient to give adequate and even coverage throughout the area; and if he will make a statement on the matter. [15908/06]

I have been informed by the Garda authorities that the personnel strength, covering all ranks, of the Garda Síochána on 31 March 2006 was 12,439. That compares with a total strength of 10,702, covering all ranks, on 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

I am advised by the Garda authorities that the Garda Dublin metropolitan region consists of six operational divisions and the Dublin metropolitan traffic corps. The personnel strength of each of the Dublin metropolitan region divisions on 31 March 2006 was as follows.

Division

Strength

DMR South Central

711

DMR North Central

648

DMR South

566

DMR North

611

DMR West

679

DMR East

563

I am advised that the Garda Síochána operates a three-relief roster system whereby three out of four units work in any 24-hour period, with the fourth unit resting in the same 24-hour period.

In addition, I understand that there are also 147 officers in the Dublin traffic unit and 99 officers in Dublin command and control. That brings the overall strength in the Dublin region to over 4,020 personnel. That does not include hundreds of officers in special units who operate extensively, but not exclusively in Dublin.

For security and operational reasons, it is not Garda policy to disclose the number of personnel on patrol in any particular area over a specific period of time. Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible garda service is provided to the general public. On the question of Garda resources, it is also the case that the Garda budget for 2006 is at an all-time high of €1.29 billion.

I should also say that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members 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 this year. I am pleased to inform the Deputies that the first group of newly attested gardaí under the accelerated recruitment programme came on stream in March, and a further 275 newly attested gardaí will come on stream every 90 days henceforth. The Garda Commissioner will now be drawing up plans on how best to distribute and manage those additional resources.

Garda Equipment.

Bernard J. Durkan

Question:

161 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if adequate state-of-the-art technology is sufficiently available to the Garda authorities to assist them in the fight against crime; and if he will make a statement on the matter. [15909/06]

While the Garda authorities are satisfied that the technology required to assist in the fight against crime is available to them, the Garda Síochána constantly evaluates all available technology with a view to determining the technology best suited to its needs.

Significant resources are being invested in technology for the gardaí to assist them in the exercise of all their functions. The capital allocation for IT in 2006 is €33.323 million. The allocation for communications is €12.9 million.

At present, the procurement of a managed digital radio service is being undertaken by the Department of Finance on behalf of the Garda Síochána, other blue-light services and some non-commercial public bodies. An EU-based restricted tender procedure is currently under way, and the first stage of short-listing suppliers has been completed. It is planned that tender documents will be issued to those suppliers in the coming weeks. The implementation of the new service is planned to commence later this year.

Garda Investigations.

Bernard J. Durkan

Question:

162 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which efforts are being made to combat money-laundering; and if he will make a statement on the matter. [15910/06]

Ireland has extensive legislation in place to combat money-laundering activities.

The main provisions in Irish law relating to money-laundering are set out in section 31 of the Criminal Justice Act 1994, as amended by section 21 of the Criminal Justice (Theft and Fraud Offences) Act 2001), sections 32 and 57 of the Criminal Justice Act 1994 and section 23 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

The legislation defines the offence of money-laundering as follows: (a) converting, transferring or handling property which is or represents the proceeds of crime; (b) concealing or disguising the true nature, source, location, disposition, movement or ownership or any rights of any property which is or represents the proceeds of crime; or (c) acquiring, possessing or using any property which is or represents the proceeds of crime.

In short, in any one of the situations at (a), (b) or (c) above, a person who knowing or believing, or being reckless of the fact, that the property represents the proceeds of criminal conduct is guilty of money-laundering.

The legislation also allows for the designation of certain bodies and persons for anti-money-laundering purposes and for the prescribing of certain activities for the purposes of anti-money-laundering. The effect is twofold. First, when providing certain specified services, designated bodies and persons are obliged to identify customers and retain certain records. Second, designated bodies and persons must report to the Garda Síochána any suspicion that a money-laundering offence has been or is being committed regarding their business.

The legislation further requires designated bodies to adopt measures to prevent and detect the commission of a money-laundering offence, including the establishment of internal procedures, circulation of instructions to, and appropriate training of employees, directors and officers.

Ireland's anti-money-laundering legislation and other measures were evaluated recently by the Financial Action Task Force, FATF, the leading international anti-money-laundering organisation. The report of that evaluation contained several recommendations. The amendments to the criminal law which would be needed to implement the recommendations of the report are being assessed by officials of my Department in consultation with the Office of the Attorney General. That assessment is being conducted in parallel with the examination of legislative requirements to implement the third EU anti-money-laundering directive, which was agreed in late 2005. Any legislative proposals will be submitted to Government for approval in the normal way.

All suspicious transaction reports, STRs, made to the money-laundering investigation unit of the Garda bureau of fraud investigation are investigated in full in an attempt to link the subject or funds to any form of criminal activity. A number of STR investigations are also referred to the Criminal Assets Bureau annually for further investigation.

Question No. 163 answered with QuestionNo. 55.

Garda Transport.

Bernard J. Durkan

Question:

164 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which control cars and drivers are available in sufficient numbers to deal with crime in the various towns and cities within each Garda division; and if he will make a statement on the matter. [15912/06]

While I am responsible for providing the money for investment in the Garda fleet, it is a matter for Garda management to decide the allocation of the vehicles. Transport resources are allocated by Garda management in a way that best meets operational requirements and the maintenance of law and order. I am informed by the Garda authorities that the total number of vehicles in Garda divisions is 1,525 and that there are an additional 296 vehicles assigned to Garda headquarters. Furthermore, I am informed by the Garda authorities that they are satisfied that there is an adequate number of patrol cars and drivers available in each Garda division to meet requirements.

I have informed the Garda Commissioner that additional funding will be made available to him if he wants to further increase the number of Garda vehicles.

I am informed by the Garda authorities that members of the Garda Síochána are allowed to drive official vehicles in two circumstances, namely, where they hold at least a class B driving licence and have been authorised to drive by the Chief Superintendent, or they have completed an official driving course.

Crime Levels.

Bernard J. Durkan

Question:

165 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if, in the compilation of crime statistics, there has been a re-definition of headline crime resulting in the removal of a number of serious crimes from that category; and if he will make a statement on the matter. [15913/06]

Reclassification of criminal offences in the crime statistics is, in general, due to new legislation which creates new offences or repeals existing ones. I am informed by the Garda authorities that the ten offence groups used to show headline offences were first introduced in the Garda Síochána annual report of 2000 in conjunction with the introduction of the PULSE system. The changes to the classifications which have been made are set out below.

Changes to reflect the introduction of new legislation were made in 2002. This included the introduction of the Criminal Justice (Theft and Fraud Offences) Act 2001 which required a minor change to group 6 — change of name to thefts — and a major change to group 9 — frauds. In group 9 the offences of embezzlement and false pretences were removed having been abolished. Three new offences, European Communities fraud, counterfeiting notes and coins and possession of an article — fraud — were included. In addition coinage offences were removed from group 10 and replaced by the new classification in group 9 of counterfeiting notes and coins.

In 2003 a new crime classification, Criminal Assets Bureau offences, was added to group 9. In 2005 two new headline offences were added, Sex Offenders Act 2001 offences to group 3 — sexual offences — and employer permit offences to group 10 — other headline offences. All changes made to crime classification are identified in the Garda Síochána annual report of the appropriate year.

Pension Provisions.

Richard Bruton

Question:

166 Mr. Bruton asked the Minister for Education and Science if a person (details supplied) in Dublin 3 will have pension rights in respect of their teaching experience; and if she will make a statement on the matter. [15758/06]

The person in question, as a permanent whole-time teacher, was a member of the local government superannuation scheme during her service with Wexford Vocational Education Committee in the period 1952-53. On resignation from her employment with the VEC, the pension contributions which she had paid were returned to her. The minimum period of service needed at that time to qualify for payment of pension, on attaining age 60, was ten years and to qualify for payment of a marriage gratuity, in the case of female employees, was five years. Provisions for the preservation of pension entitlements until age 60 by persons who resigned before that age were not introduced until 1977 and then applied only to employees in service on or after that date who had a minimum of five years' service.

Departmental Funding.

Denis Naughten

Question:

167 Mr. Naughten asked the Minister for Education and Science the status of an appeal submitted to her Department by Roscommon Vocational Educational Committee on additional funding for a college (details supplied); when she will make a decision on the application; and if she will make a statement on the matter. [15823/06]

The appeal by County Roscommon VEC for an increased allocation of funding under the additional accommodation scheme 2006 is currently under consideration in the school planning section of my Department. The outcome of this appeal will be conveyed to the management authority of the school shortly.

Denis Naughten

Question:

168 Mr. Naughten asked the Minister for Education and Science, further to Question No. 232 of 2 March 2006, if her Department has received the outstanding documentation; if she will approve funding for the project; and if she will make a statement on the matter. [15824/06]

The proposed refurbishment and extension project for the school referred to by the Deputy is at an early stage of architectural planning. The additional documentation requested has been received in my Department and is currently under examination. A decision on which school building projects will advance to tender and construction will be considered in the context of the school building and modernisation programme 2006-10.

Higher Education Grants.

Catherine Murphy

Question:

169 Ms C. Murphy asked the Minister for Education and Science if, in view of the fact that some full-time students are both under 23 and parents, she will make provisions for such persons to be included in the mature students criteria; and if she will make a statement on the matter. [15841/06]

Under the terms of the Department's maintenance grants schemes, and in accordance with the Local Authorities (Higher Education Grants) Act 1992, a mature student is defined as a candidate who is at least 23 years of age on 1 January of the year of entry or re-entry to an approved course.

Under the terms of my Department's 2005 third level student maintenance grant schemes the position is that, generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the prescribed conditions with regard to age, residence, means, nationality and previous academic attainment. A mature student is defined for the purposes of the schemes as a candidate who is at least 23 years of age on 1 January of the year of entry or re-entry to an approved course.

Mature students are categorised as either independent mature students or mature students dependent on parents or guardians. An independent mature student is defined as meaning a mature student who was not ordinarily resident at home with his-her parents or guardians from the October preceding their entry to an approved course. Independent mature students are assessed without reference to either their parents' or guardians' income or address.

When assessing the means of students other than independent mature students, the means test provision of the scheme specifies that the students' means and those of their parents or guardians must be below a prescribed limit. This provision requires that parental income be taken into account irrespective of the individual circumstances in any case where the student is not an independent mature student.

Psychological Service.

Bernard J. Durkan

Question:

170 Mr. Durkan asked the Minister for Education and Science when she expects to be in a position to appoint the required number of psychologists to the National Educational Psychological Service; if her attention has been drawn to the full extent of the requirements in County Kildare; and if she will make a statement on the matter. [15850/06]

All primary and post-primary schools have access to psychological assessments either directly through the National Educational Psychological Service, NEPS, or through the scheme for commissioning psychological assessments, SCPA, that is administered by NEPS and full details of which are available on my Department's website.

Since the establishment of NEPS in 1999, the number of NEPS psychologists has increased from 43 to 122. The Public Appointments Service recently concluded a new recruitment competition for the appointment of educational psychologists to NEPS. Regional panels have been established to allow my Department assign greater priority in filling vacancies to areas with the greatest need. My Department is currently in the process of recruiting a further nine psychologists.

In common with many other psychological services, NEPS operates a staged model of service to schools, whereby an initial referral usually leads to a consultation and provision of advice to teachers and parents on appropriate teaching and management strategies. Progress is kept under review and only those children who fail to respond to these interventions will need to see a psychologist. This allows psychologists to offer early appointments to children who are in urgent need of support and early advice to teachers in respect to those children whose needs are perhaps less pressing but who still need additional help in school.

Higher Education Grants.

Bernard J. Durkan

Question:

171 Mr. Durkan asked the Minister for Education and Science if and when a top-up grant of €2,000 on foot of a maintenance grant paid in 2004 to a person (details supplied) in County Kildare under the 2004-05 PLC maintenance grant scheme will be awarded; and if she will make a statement on the matter. [15851/06]

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

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

Decisions on applications are taken by the awarding authority based on the conditions and terms issued by my Department. My Department has asked Kildare VEC, the awarding authority in this case, to re-examine the application submitted in respect of the 2004-05 academic year to determine whether the student was eligible for the top-up grant. The student will be notified of the outcome of the review.

Schools Building Projects.

Charlie O'Connor

Question:

172 Mr. O’Connor asked the Minister for Education and Science the position regarding the building programme at a school (details supplied) in Dublin 6W; and if she will make a statement on the matter. [15852/06]

The building project for the school in question is at an early stage of architectural planning. The project is currently at stage 2, the outline sketch scheme. The school was listed in my announcement of 2005 as a project to progress through architectural planning up to pre-tender stage, that is, up to and including advanced architectural planning, following the appointment of a full design team.

The design and planning of a building project is covered by stages 1 to 5, during which the project is developed from the assessment of site suitability, through the detailed design, including the obtaining of planning permission, to the point where detailed bills of quantities are prepared. The project at Our Lady's Secondary School, Templeogue, will be allowed to progress to stage 5. This is the final stage before invitation of tenders. Progression of projects to construction will be considered in the context of the schools building and modernisation programme for 2006-10.

Special Educational Needs.

Catherine Murphy

Question:

173 Ms C. Murphy asked the Minister for Education and Science the policy or policies which inform the delivery of education to children with special educational needs; and if she will make a statement on the matter. [15853/06]

Children who have been assessed as having special educational needs have access to a range of special support services. The services range from special schools dedicated to particular disability groups, through special classes or units attached to ordinary schools, to placement on an integrated basis in ordinary schools, with special back-up supports.

The allocation of resources for children with special educational needs is based on the criteria set out in my Department's circulars having regard to the recommendations of the Report of the Special Education Review Committee, 1993, also known as the SERC report.

The Deputy will be aware that the National Council for Special Education, NCSE, through the local special educational needs organisers, SENOs, is responsible for processing applications from primary and post-primary schools for special needs supports such as resource teaching hours and special needs assistant, SNA, support on the basis of applications in respect of individual pupils. The teaching and SNA support allocated are intended to enable schools to meet the needs of pupils as outlined in psychological and other professional reports.

In allocating additional teaching and SNA supports for individual pupils, the SENOs examine the teaching and other resources available within the individual schools. The SENO also operates within the parameters of my Department's criteria for the allocation of such resources.

Primary schools are also supported by means of a general allocation which provides additional teaching support to enable schools to cater for pupils with high incidence special educational needs, such as dyslexia, and those with low attainments. The system was constructed so that allocations would be based on certain pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard.

Second level schools continue to be supported by the allocation of additional teaching hours for each pupil enrolled who is assessed as having a special educational need. SNA support is allocated, as appropriate, to all schools where there are confirmed assessed care needs in respect of students.

My Department's policy and approach in the area of special education is underpinned by statute, particularly the Education for Persons with Special Educational Needs Act, also known as the EPSEN Act, which was enacted in 2004.

While many sections of the Act have already commenced, the remaining sections relate mainly to the statutory assessment, appeal and education plan processes. These cannot come into effect without the NCSE presenting an implementation report to my Department, which it is scheduled to do by October 2006.

School Transport.

Catherine Murphy

Question:

174 Ms C. Murphy asked the Minister for Education and Science the number of children for whom taxi or other transport services are currently provided in accessing services such as speech therapy; the areas of the country in which these children live; the strategy which is in place to reduce the need to travel by providing services locally, where possible; the safety standards which are applied for these children while travelling; the amount such transport cost in 2005 and its estimated cost in 2006; and if she will make a statement on the matter. [15854/06]

Bus Éireann is responsible for the day-to-day operation of the school transport service on behalf of my Department.

Over 135,000 children are carried on school transport services each day to primary and post-primary schools including about 8,000 children with special educational needs. The cost of transporting children with special educational needs, including grants, now accounts for about 33% of the overall allocation for school transport. This amounted to €41 million in 2005 and the estimated cost for 2006 will be €50 million.

Bus Éireann endeavours to provide the best possible transport service for children with special needs. The size of vehicle required is determined by the number of special needs pupils requiring the service and the suitability of the vehicle to meet the requirements of the pupil. The Deputy will appreciate that it is not always possible to facilitate a child, by virtue of his or her special needs, on a regular school transport service. Furthermore, many children with special needs travel long distances from home to school and individual school transport, such as a taxi service, may be deemed to be the most suitable and appropriate mode of transport.

My Department allocates funding to schools to enable them to employ escorts on school transport services. These escorts are specifically engaged by the schools to cater for children with special educational needs whose care requirements are such as to necessitate continuous support. These escorts are a valuable service for children with special needs who require assistance.

The provision of a speech therapy service is a matter for the Health Service Executive. My Department has no responsibility to provide transport, the sole purpose of which is to enable children attend speech therapy sessions.

Special Educational Needs.

Catherine Murphy

Question:

175 Ms C. Murphy asked the Minister for Education and Science the number of second level schools which are refusing to enrol children with special educational needs; the basis for same; and if she will make a statement on the matter. [15855/06]

I made reference in recent speeches to my concern that some second level schools were not doing as much as they can to ensure that students with special needs are as welcome in those schools as students without special needs. It is difficult to ascertain hard statistical information in this area, not least because of the use of subtle dissuasion rather than outright refusal. As I indicated, I will keep the issue under close scrutiny in the future.

Schools Building Projects.

Dan Boyle

Question:

176 Mr. Boyle asked the Minister for Education and Science the number and location of pre-fabricated buildings in Cork city and county schools; and the number of such buildings that are currently leased. [15887/06]

The information sought is not readily available in the format requested by the Deputy. My Department maintains details of school accommodation on individual school files. If the Deputy wishes to request details of specific schools in Cork city or county my officials will provide the information required.

Site Acquisitions.

Dan Boyle

Question:

177 Mr. Boyle asked the Minister for Education and Science the average cost of acquisition of sites for new school sites in Cork city and county and Dublin city and county. [15888/06]

My Department's records show that for greenfield school site acquisitions finalised over the past five years to date, the average cost in Cork county was €109,222 per acre, in Cork city it was €403,647 per acre and in Dublin county it was €560,570 per acre. There were no purchases of greenfield school sites finalised in Dublin city during this time.

EU Directives.

Paddy McHugh

Question:

178 Mr. McHugh asked the Minister for the Environment, Heritage and Local Government his views on whether the ERA and local authorities should have no role in the inspection of farms under Articles 29 and 30 of the nitrates directive unless there is prima facie evidence of pollution arising from activities on a particular farm; if an inspection protocol required under Article 30 will be developed as soon as possible to reflect this principle; and if he will make a statement on the matter. [15746/06]

It has already been indicated that there will be a high degree of co-ordination in inspections and other requirements arising from the implementation of the regulations transposing the nitrates directive in order to alleviate to the greatest possible extent the burden on farmers from bringing the directive into operation.

The necessary inspection and other functions assigned to local authorities and the EPA under the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2005 derive from the functions statutorily assigned to these agencies in environmental protection generally and, in particular, the protection of water quality. The regulations transpose the nitrates directive, which has the objective of reducing water pollution caused or induced by nitrates from agricultural sources and preventing further such pollution. Primary responsibility for the protection of water quality is assigned to local authorities under the Local Government (Water Pollution) Acts and related legislation. In this context, high priority attaches to measures for the prevention of water pollution in addition to such measures as may be necessary to respond to pollution which has actually occurred.

Local authorities operate under the general supervision of the EPA in the performance of all their functions in environmental protection. In addition, the EPA has direct licensing and inspection functions regarding intensive agricultural activities under the Environmental Protection Agency Acts. Farm inspections will also be carried out by the Department of Agriculture and Food in the context of cross-compliance under the single payment scheme.

The regulations provide that local authorities shall aim to co-ordinate their inspection activities with those of other public authorities. A high degree of co-ordination of inspections is being developed between all the relevant authorities. Article 30 of the regulations provides for the drawing up of an inspection protocol for the purpose of promoting such co-ordination.

Local Authority Housing.

David Stanton

Question:

179 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government if the value of improvements carried out by tenants of local authority houses can be taken into account by being subtracted from the price of the house in the event of the house being valued with a view to it being purchased by the tenant; and if he will make a statement on the matter. [15807/06]

Under the terms of the current tenant purchase scheme as outlined in circular HRT 6/95 of 18 May 1995 the price of a dwelling is its market value less discounts related to the length of tenancy. A sum of €3,809 is also deducted from the market value. For the purposes of determining the sale price the market value may be further reduced to take account of improvements made by the tenant to the dwelling.

Water and Sewerage Schemes.

Michael Ring

Question:

180 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position regarding a project (details supplied) in County Mayo; the stage it is at; the breakdown of each stage to date; and when this project will commence construction. [15821/06]

I refer to the reply to Question No. 197 of 14 February 2006.

Since that date, the Department of the Environment, Heritage and Local Government has advised Mayo County Council about the aspects of the council's proposals which need to be reviewed to allow the appropriate non-domestic capital contribution to be determined. I have previously approved the council's tender recommendation for the scheme. I understand that the council is re-examining its proposals.

EU Directives.

Denis Naughten

Question:

181 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the result of a meeting between his officials and Teagasc last week on the nitrates action plan; if a formal submission has been made to the EU Commission based on the Teagasc recommendations; if it has the support of his Department; and if he will make a statement on the matter. [15822/06]

I refer to the reply to Questions Nos. 948, 949, 951, 952, 973 and 980 of 25 April 2006. Officials from the Departments of the Environment, Heritage and Local Government and Agriculture and Food met officials from Teagasc on 20 April 2006 to clarify and elaborate aspects of the advice submitted by Teagasc to the Minister for Agriculture and Food with recommendations for amendment of the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2005. Discussions between the Departments and Teagasc are continuing with a view to finalising a formal submission to the European Commission in May 2006.

Road Network.

Denis Naughten

Question:

182 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he will meet a delegation from Roscommon, Sligo and Mayo county councils regarding their proposals for the R294 which was submitted to his Department; if he will approve funding for the project; and if he will make a statement on the matter. [15827/06]

In March 2005, Sligo County Council submitted to the Department of the Environment, Heritage and Local Government a copy of a report prepared jointly by Sligo, Mayo and Roscommon county councils regarding the condition of the R294 between Ballina and Boyle. The report proposed a number of short-term and long-term improvement works to the route. The Department responded that it is open to the relevant councils to include the short-term restoration improvement works in their restoration programmes for 2006 onwards. It is also open to the councils to prioritise appropriate works on the route for funding under the EU co-financed specific improvements grant scheme in 2006. In June and August 2005 respectively, local authorities were invited to submit proposals to the Department for inclusion in the 2006-08 restoration programme and the 2006 EU co-financed specific improvements grant scheme.

Under the 2006 EU co-financed specific improvements grant scheme, Sligo County Council has been allocated a grant of €440,000 for realignment works at Mullaghroe on the R294. This is the only application for the R294 submitted to the Department by any of the three councils for consideration for funding under the scheme in 2006. Sligo County Council has included three schemes in its restoration improvement programme in respect of the R294 road, including works at Doobolla at a cost of €91,500, works at Drumartin at a cost of €101,000 and works at Gorterslin at a cost of €90,000. Mayo County Council has included works to the R294 at Abbey Street in Ballina at a cost of €459,082 under its restoration improvement programme. All the schemes will be funded from the Department's 2006 restoration improvement grants scheme. The Department will again seek applications under the EU co-financed specific improvements grant scheme later this year. It will be open to Sligo, Mayo and Roscommon county councils to submit applications for consideration for further funding under this scheme in 2007. Further meetings on this matter are not planned at present.

Water and Sewerage Schemes.

Pat Breen

Question:

183 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government, further to Question No. 344 of 8 February 2006, if his Department has received a submission of Clare County Council’s revised preliminary report for the Broadford sewerage scheme; and if he will make a statement on the matter. [15863/06]

I refer to the reply to Question No. 344 of 8 February 2006.

Driving Licences.

Róisín Shortall

Question:

184 Ms Shortall asked the Minister for the Environment, Heritage and Local Government, further to Question No. 270 of 6 April 2006, the breakdown of each of the licence categories provided in the reply by local authority area. [15891/06]

The following table provides a breakdown of provisional licences by local authority area within the categories provided in response to Question No. 270 of 6 April 2006.

County Councils

1st Provisional Licence

2nd

3rd

4th

5th or more

Total

Carlow

3,001

1,612

715

602

597

6,527

Cavan

3,119

1,549

559

435

461

6,123

Clare

5,527

2,216

820

557

605

9,725

*Cork

23,196

10,622

3,869

3,034

2,708

43,429

Donegal

7,492

2,894

859

634

590

12,469

*Galway

12,080

4,979

1,570

1,150

1,003

20,782

Kerry

6,563

2,769

917

770

859

11,878

Kildare

8,722

4,504

1,871

1,685

1,483

18,265

Kilkenny

4,201

2,103

817

697

714

8,532

Laois

3,199

1,725

596

579

585

6,684

Leitrim

1,385

594

190

154

177

2,500

Limerick

6,477

3,129

1,036

802

763

12,207

Longford

1,789

838

309

208

246

3,390

Louth

5,732

2,752

1,201

894

827

11,406

Mayo

6,335

2,466

883

543

580

10,807

Meath

7,203

3,916

1,639

1,283

1,149

15,190

Monaghan

2,708

1,345

431

295

368

5,147

Offaly

3,632

1,944

975

539

325

7,415

Roscommon

2,776

1,222

464

315

385

5,162

Sligo

3,158

1,372

404

262

253

5,449

North Tipperary

3,491

1,604

538

452

468

6,553

South Tipperary

4,557

2,431

886

788

756

9,418

Waterford

2,815

1,397

489

402

412

5,515

Westmeath

3,895

1,778

731

522

463

7,389

Wexford

6,477

3,441

1,361

1,235

1,289

13,803

Wicklow

5,998

3,247

1,540

1,305

1,264

13,354

City Councils

Dublin (city and county)

58,381

29,569

12,978

10,522

9,109

120,559

Limerick

2,827

1,314

511

348

308

5,308

Waterford

2,911

1,448

517

443

297

5,616

Total

209,647

100,780

39,676

31,455

29,044

410,602

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