Written Answers.

Farmers’ Markets.

Trevor Sargent

Question:

10 Mr. Sargent asked the Minister for Agriculture and Food if she will capitalise on the heightened awareness of the potential for direct sales of farm produce following popular campaign to have farmers and the wider community exercise traditional market rights before 1 May 2006 in towns and villages and even some designated crossroads throughout the country; and if she will meet with the Department of the Environment, Heritage and Local Government to establish a programme of re-establishing such community run farmers’ markets. [18750/06]

Minister for Agriculture and Food (Mary Coughlan)

The Casual Trading Act 1995 gives local authorities responsibility in matters of market rights. Section 7 of the Act provided for a 10 year time-frame within which market rights could be revived, even if these had not been used for some time. Some have been exercised recently.

I do believe that farmers markets represent an important route to market and a real growth opportunity for farmers and small-scale food producers. Farmers Markets initiatives provide producers with direct access to consumers, assist the development of local and regional speciality foods, and present consumers with an alternative retail experience. There are also a variety of indirect benefits in terms of community spirit, increased employment and added value for tourism.

An Bord Bia, which operates under the aegis of my Department, works closely with other State and local agencies to exploit the growing opportunities for markets. In co-operation with Invest Northern Ireland, they have published a comprehensive information guide on the operation of farmers markets. Bord Bia has a dedicated person in the Small Business Department to assist producers and individuals, and performs a vital support function through the provision of advice and mentoring assistance as well as creating awareness of their potential contribution to the local economy.

Bord Bia established the very successful 'Food at Farmleigh' programme which has tens of thousands of visitors each year. This year, the programme will be extended on a one day seasonal basis to five regional Heritage sites in Cork, Wexford, Kildare, Donegal and Laois. This is one example of ways in which food and tourism can be merged at local level. I have been delighted to hear that the first seasonal market at Fota Island Cork, where Bord Bia worked closely with the Office of Public Works and local interests, has stimulated the holding of fortnightly markets in that location.

There are over 100 such markets operating throughout the country at present, with numbers growing each week. I am aware that a Food and Craft Market run by community groups from both Donegal and Strabane is opening in Donegal town next Saturday and I wish them every success with this very worthwhile project. The diversity in structure of such markets, whether public, private sector or community based, is a measure of their responsiveness to local circumstances. No one template will suit all areas or all crossroads.

EU Directives.

Jimmy Deenihan

Question:

11 Mr. Deenihan asked the Minister for Agriculture and Food the position regarding the implementation of the Nitrates Directive; and if she will make a statement on the matter. [18558/06]

Minister for Agriculture and Food (Mary Coughlan)

The implementation of the Nitrates Directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. In December, the Minister made Regulations giving legal effect to Ireland's National Action Programme under the Nitrates Directive. These Regulations were finalised following difficult negotiations between the European Commission and officials of the Department of the Environment, Heritage and Local Government and the Department of Agriculture and Food.

In January, the Minister for the Environment, Heritage and Local Government announced a short de facto deferral of Part 3 of the Regulations, which covers nutrient management. This was to allow Teagasc to submit revised advice in relation to phosphorus limits. In March Teagasc provided a detailed submission which dealt with phosphorus and also with other aspects of the Regulations. Officials of the two Departments and representatives from Teagasc met the Commission on 22 March where the Teagasc experts were given the opportunity to present the revised scientific advice and to clarify certain aspects.

The Commission did not offer any definitive conclusions on the new advice at that meeting, but indicated that it was up to Ireland to make proposals for changes in the Regulations. In this connection, officials of the two Departments and senior Teagasc personnel have since had detailed technical discussions on the main elements of the Teagasc submission. I and my officials have maintained close contact with the Minister for the Environment, Heritage and Local Government and his staff in considering the changes in the Regulations. This work has progressed well and I understand that Minister Roche is now about to send his proposals for changes to the Commission.

The Commission's agreement will be required for any changes but I am satisfied that they are open to arguments that are scientifically robust. The Minister for the Environment, Heritage and Local Government and I will continue to work together to bring this matter to a conclusion and at the same time create the conditions for the negotiations on a derogation, which is vital to a large number of more intensive farmers to proceed.

Farm Waste Management.

Dinny McGinley

Question:

12 Mr. McGinley asked the Minister for Agriculture and Food the steps she intends adopting in the administration of the farm waste management package, particularly to ensure the quick processing of planning applications; and if she will make a statement on the matter. [18561/06]

Minister for Agriculture and Food (Mary Coughlan)

Following receipt of the required EU approval, the revised Farm Waste Management Scheme was launched by my Department on 24 March 2006. Application forms, together with the accompanying terms and conditions, are available from the local Agricultural Environment and Structures (AES) offices of my Department and are also available on my Department's web-site.

The principal changes to the Scheme include (a) an increase in the standard grant-rate from 40% to 60%, with 70% being available in the four Zone C counties; (b) an extension of the Scheme for the first time to sectors such as horses, deer, goats, pigs and poultry, and mushroom compost; (c) the removal of any minimum income requirements from farming from the Scheme so that all small farmers can participate in the Scheme; and (d) an increase in the maximum eligible investment from €75,000 to €120,000 per holding.

As the Scheme closes for applications at the end of 2006, I have also arranged that applications will be accepted by my Department as soon as any required planning permission has been applied for to the relevant local authority. This will ensure that any delays in obtaining such permission will not impinge on the farmer's entitlement to the new grant rates available under the Scheme. I would urge farmers to make use of this opportunity to participate in the Scheme by ensuring that their application forms are received in good time.

Bovine Diseases.

Gay Mitchell

Question:

13 Mr. G. Mitchell asked the Minister for Agriculture and Food her plans to introduce a bovine vaccination programme for tuberculosis; and if she will make a statement on the matter. [18772/06]

Minister for Agriculture and Food (Mary Coughlan)

There is no TB-vaccine licensed anywhere in the world for use in a food producing animal and therefore there is no possibility of introducing a bovine vaccination programme for TB. Indeed, the position is that vaccine trials in the past demonstrated that vaccination did not prevent disease.

Apart from the foregoing, cattle vaccinated against TB could not be traded because they would be unable to comply with Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine. This Directive provides that, prior to export, bovine animals for breeding and production must come from an officially tuberculosis-free herd and, in the case of animals more than six weeks old, must have reacted negatively to an intradermal tuberculin test carried out during the 30 days prior to leaving the herd of origin. Given the difficulties that would arise in distinguishing between real infection and vaccine immunity, vaccinated animals could not be certified as complying with the requirements of the trade Directive and the export of live cattle to other Member States would not be permitted.

I should point out that my Department, in conjunction with a badger vaccine research group based at University College Dublin, is currently seeking to develop a vaccine for badgers, which is not a food producing animal. It is accepted that the availability of such a vaccine is a prerequisite if eradication of tuberculosis from the cattle population is to be achieved. The objective of the project is to secure an orally delivered preparation of BCG vaccine for use in badgers that will result in lower TB levels in that species. With this in mind, a large scale field trial of BCG in badgers is planned to test the efficacy of the vaccine, as testing carried out to date under experimental conditions has shown encouraging results. However, any vaccine will not be available for wider use in the immediate future and the existing strategy will remain in place for some time.

In conclusion, the consensus is that the existing test and slaughter policy is currently the only effective mechanism for dealing with the disease.

The measures in place are effective as evidenced by a significant reduction in the incidence of the disease from 4.2 reactors per thousand in 1998 to 2.9 in 2005. The 2005 TB eradication programme was completed with 97% of the 123,322 cattle herds tested within the twelve-month period. A total of approximately 6.5 million animals were subject to at least one test within twelve months and approximately 9 million animal tests were carried out.

Sugar Beet Industry.

Denis Naughten

Question:

14 Mr. Naughten asked the Minister for Agriculture and Food the steps she intends to take to secure the maximum level of compensation for beet growers; and if she will make a statement on the matter. [18778/06]

Minister for Agriculture and Food (Mary Coughlan)

The compensation package negotiated in the context of reform of the EU sugar regime is worth over €310m to Irish stakeholders. There are three elements to the compensation package.

The first element is the compensation to beet growers of up to 64% of the reduction in the minimum price for beet. This compensation, which will be incorporated in the existing Single Payment Scheme and will be payable from 2006, is worth approximately €123m to Irish beet growers over the next seven years.

The second element of the compensation package is the restructuring aid covering the economic, social and environmental costs of restructuring of the sugar industry involving factory closure and renunciation of quota. In Ireland's case, this would be worth up to €145m.

The third element of the package is the diversification aid, worth almost €44m in Ireland's case, which would be drawn down in the framework of a national restructuring programme.

I presume that the Deputy is referring to the second element of the compensation package, the restructuring aid. This aid is subject to the submission by the processor of a detailed restructuring plan for the industry, following consultations with the beet growers. The reform agreement provides that at least 10% of the restructuring aid shall be reserved for sugar beet growers and machinery contractors. That percentage may be increased by Member States after consultation of interested parties provided that an economically sound balance between the elements of the restructuring plan is ensured. In that context, my Department has recently issued an open call for submissions which will be subject to scrutiny by Indecon International Economic Consultants who have been appointed by the Government to provide me with independent expert advice on matters relating to the implementation of the restructuring fund. A final decision on the percentage will be made in due course having regard to this advice and following the adoption in the near future of the Commission Regulation laying down detailed rules for the implementation of the restructuring aid.

The timescale for implementing the restructuring aid is very tight where restructuring takes place in the first year of the new regime especially having regard to the delay in finalisation of the Commission regulations. The Council Regulation requires that the application for restructuring aid must be made by 31 July 2006. A decision on the granting of the aid must then be made by the Member State at the latest by 30 September 2006.

It is my intention that the restructuring aid will be implemented in a fair and equitable manner and strictly in accordance with the relevant EU regulations.

Farm Management.

John Gormley

Question:

15 Mr. Gormley asked the Minister for Agriculture and Food if her attention has been drawn to the research by a person (details supplied); and if she will recommend farm management changes and better hedgerow development to reduce the incidents of tuberculosis in cattle here. [18758/06]

Minister for Agriculture and Food (Mary Coughlan)

My Department is aware of this recently published research that was carried out in the UK and its findings are being evaluated. It should be noted that this study rates to a small number of farms and therefore some caution is required in relation to the findings. My Department is currently considering running a similar study in Ireland.

As the Deputy will be aware, my Department operates a Rural Environment Protection Scheme which includes funding for farmers to conserve, maintain and enhance farm boundaries in the interest of stock control, bio-security, wildlife and scenic appearance of the area. My Department also encourages farmers to take bio-security measures, such as the placement of water troughs, against infection by badgers.

My Department implements a wildlife strategy, which involves the targeted removal of badgers, under licence, where they are implicated in an outbreak of TB. In addition, it is also committed to a research project with UCD on the development of a vaccine for use in badgers that would lead to a reduction in the level of infection in that species, thereby reducing the number of organisms being shed and subsequently the level of transmission to the cattle population. Work on this objective is progressing. However, any vaccine will not be available for wider use in the immediate future and the existing strategy will remain in place for some time.

Milk Quota.

Joe Costello

Question:

16 Mr. Costello asked the Minister for Agriculture and Food if the consultation process on the possibility of moving to a more open market system for transferring milk quota has been concluded; if not, when it will be; the way in which the consultation process was carried out; the persons or the organisations it involved; if it has concluded, the outcome of same; and if she will make a statement on the matter. [18879/06]

Minister for Agriculture and Food (Mary Coughlan)

In March I announced my intention to move to a more open market system for transferring milk quotas, which will come into effect on the 1st April 2007.

My Department and I have made solid progress in the continuing consultation process on the detailed arrangements to give effect to my decision. This comprised of meetings with the relevant farm organisations and with representatives of the milk-processing sector and individual co-ops. The issue of future milk quota policy has also been discussed with the participating farm organisations at the partnership negotiations, most recently this morning.

We are now undertaking a comprehensive analysis of the issues raised and the options for dealing with them, with a view to designing an appropriate transfer mechanism. Further consultations will take place before finalising the new system, and the operational details will be announced in good time to allow for all parties concerned to make appropriate plans before the start of the 2007/2008 milk quota year.

Animal Diseases.

Gerard Murphy

Question:

17 Mr. G. Murphy asked the Minister for Agriculture and Food the steps she is taking to stop the illegal import of exotic birds; and if she will make a statement on the matter. [18764/06]

Minister for Agriculture and Food (Mary Coughlan)

The only circumstances in which exotic birds may be legally imported from Third Countries is as pet birds accompanying their owners who are permanently changing their residence. This is an EU-wide provision and relates only to importations of individual consignments of five or fewer birds. The conditions under which such importations are permitted are very stringent and include quarantine, vaccination or testing for avian influenza. An EU-wide ban is in place in relation to all other captive birds from Third Countries.

Intra-community trade in exotic birds is permitted under EU rules, which do not include a quarantine requirement. Such consignments 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 birds must:

•come from a holding which has been registered for export by the competent authority of the country of origin 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 to this effect completed and signed by the owner of the hobby birds on the day of movement;

•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, advance notice is required to be given to my Department not less than 24 hours prior to the intended date of importation and for 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.

While my Department does undertake inspections at points of import, it must be noted that the Department is precluded, by EU rules, from inspecting all import consignments; rather a spot-check regime is in place based on risk assessment for disease purposes.

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 being more prevalent in wild birds whose entry cannot be controlled or certified.

Special Areas of Conservation.

Paul McGrath

Question:

18 Mr. P. McGrath asked the Minister for Agriculture and Food the measures she intends to take to address the problems experienced by farmers in the Shannon Callows as a result of proposals which do not allow them to split their lands for grant aid purposes between REP scheme funding and funding allocated under the SAC and SPA designation; and if she will make a statement on the matter. [18804/06]

Minister for Agriculture and Food (Mary Coughlan)

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

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

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

I believe that the arrangements I have outlined should address the situation in the Shannon Callows adequately as far as my Department is concerned. Nevertheless I have asked my officials to examine the issue again in the context of the current consultation process on REPS, out of which proposals will be sent to the Commission for a revised Scheme.

Alternative Farm Enterprises.

Thomas P. Broughan

Question:

19 Mr. Broughan asked the Minister for Agriculture and Food the stage her Department is at in relation to seeking approval in respect of the two bio-energy initiatives she referred to in Parliamentary Question No. 130 of 29 March 2006; the person her Department is seeking approval of these projects from; when she expects the conclusion of the approval process; and if she will make a statement on the matter. [18880/06]

Minister for Agriculture and Food (Mary Coughlan)

The Deputy is referring to the proposed Willow for Energy scheme and the Biomass Harvesting scheme. Both proposals are being closely examined in consultation with the Department of Finance and I hope to have a decision very soon. State Air approval will be required for the EU Commission for both schemes and my Department has already had informal discussions with the Commission with a view to expediting the approval process in that respect in due course.

Food Labelling.

Eamon Gilmore

Question:

20 Mr. Gilmore asked the Minister for Agriculture and Food the progress which has been made on the issue of substantial transformation of food products; if the Commission has published a consultation paper on the matter; and if she will make a statement on the matter. [18869/06]

Minister for Agriculture and Food (Mary Coughlan)

‘Substantial transformation' is a procedure used in normal business operations to allow operators to declare goods as being manufactured in the country where considerable processing has taken place. I am very concerned that this practice might be used to mislead consumers as to the origin of the product. I have raised this issue directly with the Commission on a number of occasions and indeed have been in contact with the EU Commissioner for Health and Consumer Protection, Mr. Kyprianou again earlier this year about the matter.

Subsequently the Commission decided to review EU labelling. In this context the Commission recently published a consultative document on ‘Labelling: Competitiveness, Consumer Information and Better Regulation in the EU' and invited Member States for submissions by mid June 2006. My Department is currently preparing a submission in which we will again raise this matter.

Dairy Sector.

Seymour Crawford

Question:

21 Mr. Crawford asked the Minister for Agriculture and Food if she has had discussions with the Agriculture Commissioner or her personnel regarding the serious fall in prices and returns to dairy farmers; if she will provide assurances that increased supports will be provided to offset declines in EU export competitiveness; and if she will make a statement on the matter. [18555/06]

Minister for Agriculture and Food (Mary Coughlan)

Following a number of successful years for the Irish dairy industry on international and EU markets, 2006 is proving to be more challenging for the industry. The butter market, in particular, is under severe pressure on both the EU and international markets. Exports of dairy products, except cheese, are considerably lower than in 2005, with EU butter exports currently 35% less than the volumes exported during the previous GATT year.

The euro/dollar exchange rate has a very significant impact on our competitiveness and the current weakness of the dollar is adding to the difficulties of EU traders. The internal butter market is also very weak and butter prices in most member States are at or below intervention level. The intervention limit of 50,000 tonnes is likely to be reached within the next month after which a tendering system for intervention purchases will be introduced.

As this situation developed over recent months I have urged the Commissioner on several occasions to use the market management tools in a more effective manner to ensure the overall stability of the milk sector. In particular my key concern was to see the export refund regime used to maximum effect in order to dispose of product onto international markets outside the EU. I was very pleased that the Commission responded by increasing export refunds for butter and Whole Milk Powder at the end of April and again at the last Milk Management Committee when the tender refunds were accepted at a higher level for butter and butter oil.

I have again asked the Commissioner to keep the focus for 2006 on the need to maintain the competitiveness of EU dairy exports, with particular reference to butter and to manage the introduction of the new tender arrangements for butter intervention in a manner that avoids causing further instability on the market.

I would of course emphasise that dairy farmers incomes are not alone dependent on EU market supports though I fully appreciate the importance of internal aids and export subsidies for competitive trading conditions. Other elements impacting on farmers' incomes include direct payments, scale and efficiency and returns from the market. This year's milk price, taken together with the single payment entitlement of 3.6 cent per litre is similar to recent years though clearly there is greater pressure now on producer prices than heretofore.

Since the Luxembourg Agreement of 2003 the dairy sector is operating in a new policy framework, where market forces have an even greater influence on the price paid for milk. It is critical that we continue to manage the market so that we maintain relative competitiveness and I will continue to focus on managing the transition to the next stage of intervention price reductions in July with the aim of maintaining and enhancing industry competitiveness and ultimately farm incomes.

Sugar Beet Industry.

Pat Breen

Question:

22 Mr. P. Breen asked the Minister for Agriculture and Food the procedure she intends to employ when distributing the compensation envelope to those within the sugar industry who face substantial losses; and if she will make a statement on the matter. [18774/06]

Minister for Agriculture and Food (Mary Coughlan)

The compensation package negotiated in the context of reform of the EU sugar regime is worth over €310m to Irish stakeholders. There are three elements to the compensation package.

The first element is the compensation to beet growers of up to 64% of the reduction in the minimum price for beet. This compensation, which will be incorporated in the existing Single Payment Scheme and will be payable from 2006, is worth approximately €123m to Irish beet growers over the next seven years.

The second element of the compensation package is the restructuring aid covering the economic, social and environmental costs of restructuring of the sugar industry involving factory closure and renunciation of quota. In Ireland's case, this would be worth up to €145m.

The third element of the package is the diversification aid, worth almost €44m in Ireland's case, which would be drawn down in the framework of a national restructuring programme.

The restructuring aid is subject to the submission by the processor of a detailed restructuring plan for the industry following consultations with the beet growers. The reform agreement provides that at least 10% of the restructuring aid shall be reserved for sugar beet growers and machinery contractors. That percentage may be increased by Member States after consultation of interested parties provided that an economically sound balance between the elements of the restructuring plan is ensured. In that context, my Department has recently issued an open call for submissions which will be subject to scrutiny by Indecon International Economic Consultants who have been appointed by the Government to provide me with independent expert advice on matters relating to the implementation of the restructuring aid. A final decision on the percentage will be made in due course having regard to this advice and following the adoption in the near future of the Commission Regulation laying down detailed rules for the implementation of the restructuring aid.

The timescale for implementing the restructuring aid is very tight where restructuring takes place in the first year of the new regime especially having regard to the fact that the Commission regulations are not yet finalised. The Council Regulation requires that the application for restructuring aid must be made by the processor by 31 July 2006. The application must include a detailed restructuring plan for the industry. A decision on the granting of the aid must then be made by the Member State by 30 September 2006 at the latest.

It is my intention that the restructuring aid will be implemented in a fair and equitable manner and strictly in accordance with the relevant EU regulations.

Animal Remedies Regulations.

Olwyn Enright

Question:

23 Ms Enright asked the Minister for Agriculture and Food the status of the animal remedies regulations; the discussions to date with the EU on the issue; and if she will make a statement on the matter. [18791/06]

John Perry

Question:

56 Mr. Perry asked the Minister for Agriculture and Food the status of her application to the EU commission for an exemption list under the animal remedies regulations; and if she will make a statement on the matter. [18767/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 23 and 56 together.

The Animal Remedies Regulations 2005 (SI 734/2005), which transpose EU Directive 2004/28, were signed into effect by me on 17 November 2005. On the outstanding issue in regard to bringing all medicines for food producing animals under veterinary prescription control, my Department made a submission to the Commission on 17 March with a view to having draft exemption criteria published by the Commission on 9 February adapted to better reflect the risk/benefit profile of veterinary medicinal products and to facilitate decisions on the route of supply to be taken on a scientific basis. However, the Commission has not yet come forward with formal proposals for the exemption criteria. My Department will engage fully with the Commission and other Member States in the course of the deliberations on the formal proposals, when adopted by the Commission. My best estimate is that the process will not be completed at least until late Summer.

As I have already stated publicly, I will review the national prescription and distribution arrangements in consultation with stakeholders when the final shape of the EU exemption criteria is clearer. In particular I will, depending on the likely outcome, consider whether persons other than vets should be permitted to prescribe veterinary medicines. My intention is to complete the consultative process in time to permit decisions on this issue to be taken well in advance of the 1 January 2007 deadline provided for in the EU legislation.

Animal Welfare.

Joan Burton

Question:

24 Ms Burton asked the Minister for Agriculture and Food if she will explain the circumstances in which a farmer (details supplied) in County Kildare, who was apparently charged with 59 counts of animal cruelty in 2000, was not stopped from keeping livestock by her Department or not monitored so closely that the recently reported dead sheep on their land might not have had to face such an apparently cruel demise; and the lessons her Department will implement following this case. [18875/06]

Minister for Agriculture and Food (Mary Coughlan)

Primary responsibility for the welfare of animals lies with the owner or keeper of such animals. The owner/keeper is obliged to take all reasonable steps to ensure the welfare of animals under their care and to ensure that such animals are not caused any unnecessary pain, suffering or injury.

The position as regards this Department is that its statutory responsibility relates to the welfare and protection of farmed animals under the Protection of Animals Kept for Farming Purposes Act, 1984 and the European Communities (Protection of Animals Kept for Farming Purposes) Regulations 2000 (SI No 127 of 2000). This legislation does not include provision under which a person can be precluded from keeping farmed animals.

In the case of the person named, I can confirm that his herd number was cancelled in August 2002 following an earlier conviction and direction of the Courts. Our records indicate that his wife is in possession of a sheep flock number. My Department will continue to monitor this situation and will take appropriate action where breaches of the Regulations are confirmed.

Women in Agriculture.

Jan O'Sullivan

Question:

25 Ms O’Sullivan asked the Minister for Agriculture and Food the recommendations of the Advisory Committee’s report on the role of women in agriculture which have to be implemented by her Department; and if she will make a statement on the matter. [18873/06]

Minister for Agriculture and Food (Mary Coughlan)

The Report of the Advisory Committee on the Role of Women in Agriculture was published in September 2000 and contained 36 recommendations in total, covering a very broad range of policy and operational areas relating to women in rural communities generally.

Notwithstanding that many of the Advisory Committee's recommendations were outside its remit, all of the recommendations were pursued by my Department and a comprehensive progress report on all of the recommendations relevant to government departments and agencies was finalised. This indicates that the recommendations have been fully taken into account by all the relevant Government Departments and agencies and provides evidence of the substantial progress achieved, in as far as was possible, across the broad range of issues raised by the Advisory Committee.

Specific action taken by my Department on foot of recommendations made by the Committee include:

•the provision of funding for the establishment of a Network of Women Farmers

•working group established to examine social insurance possibilities under various business models, recommended legal partnership as the best available method for financial recognition of both farm spouses

•rules amended in May 2002 under Early Retirement Scheme to afford the same treatment to applicants in joint ownership of land as those in sole ownership

•access to IT facilities for the public made available at selected Department Local Offices, with plans to extend the service

•Department's website redeveloped, taking account of Advisory Committee's recommendations

•funding provided to increase awareness and image of agriculture

•discussions continuing with Central Statistics Office and Teagasc to improve statistical data on women in agriculture

•changes made to entry procedures for employment of Technical Agriculture Officers.

A copy of the report on actions taken in response to the recommendations will be provided to the Deputy.

Sheep Industry Sector.

Dinny McGinley

Question:

26 Mr. McGinley asked the Minister for Agriculture and Food if her attention has been drawn to the depression in the sheep industry sector at present and the fact that the sheep population is in serious decline; the action she proposes to take to alleviate these difficulties; and if she will make a statement on the matter. [18560/06]

Minister for Agriculture and Food (Mary Coughlan)

The sheep sector plays a very important role in the agricultural sector in Ireland and makes a very valuable contribution to the economy. I am aware that the sector has been affected by various factors in recent years. Two major factors should be mentioned, the outbreak of Foot and Mouth Disease in 2001 and the reform of the CAP leading to the Single Farm payment. The former disrupted supply and distorted prices and it has taken some time for the market to normalize. The reform of the CAP decoupled premia from production and led to high disposals in 2004 and 2005 of ewes which were no longer required for premia purposes.

There is general agreement in the industry, however, that changes need to be made to ensure that the market provides adequate returns. It was decided that a study group should be established, which was representative of all interests, to draw up a development plan for the future. The sheep industry strategy group was established in December 2005 under the chairmanship of Mr. John Malone, former Secretary General of my Department. All sectors are represented in the group including the processors, producers, Teagasc, Enterprise Ireland, Bord Bia and my Department.

Its report, whose publication is imminent, is expected to cover all aspects of the sector, including production, breeding, price, product development and promotion for different markets and consumer preferences. I will study the report and take whatever action is appropriate to further develop and secure the long-term future of the sector.

Food Labelling.

Jim O'Keeffe

Question:

27 Mr. J. O’Keeffe asked the Minister for Agriculture and Food her plans to establish an all island food label; and if she will make a statement on the matter. [18784/06]

Minister for Agriculture and Food (Mary Coughlan)

I am supportive of initiatives to promote food on all-island basis where this is of mutual benefit and leads to closer economic co-operation. An Bord Bia, as part of its statutory role in promoting the development of Ireland's food and drink industry works in close co-operation with its counterpart in Northern Ireland, Invest Northern Ireland (INI). Joint promotions and events have been successfully organised especially in the speciality food sector. Bord Bia is currently discussing a formal Inter Agency Agreement to provide for structured ongoing co-operation in food promotion at International Trade Fairs, retail promotions on the UK market, co-operation on developing the speciality sector on an all island basis and market research and intelligence.

The development of an all-island animal health policy is however a necessary prerequisite to the establishment of an all-island food label. The development of the animal health policy is being actively pursued in the context of North/South cooperation. In addition an all-island food label would require negotiation between the relevant authorities regarding its status and conditions for use and general acceptance from consumers and buy-in by producers and processors island-wide.

Horticulture Sector.

Catherine Murphy

Question:

28 Ms C. Murphy asked the Minister for Agriculture and Food the number of grant approvals in relation to the scheme of investment aid for the development of the commercial horticulture since its inception; the amount per county; if the scheme has resulted in a growth in the number participating in the sector; the average grant paid; the number of growers who received the maximum allowable payment; and if she will make a statement on the matter. [18697/06]

Minister for Agriculture and Food (Mary Coughlan)

821 projects were approved for investment since the scheme commenced in 2001. The number of approvals, the level of grant aid approved and the value of investments approved per county is detailed in the table below.

County	No of Applicants Approved	Grant aid approved	Investment Approved
		€	€
Carlow	12	205,187	586,249
Cavan	57	1,928,584	5,510,239
Clare	10	134,692	384,835
Cork	57	1,209,005	3,454,299
Donegal	15	211,233	603,522
Dublin	131	6,971,457	19,918,450
Galway	17	222,086	634,532
Kerry	14	169,320	483,773
Kildare	68	1,320,703	3,773,437
Kilkenny	40	1,589,937	4,542,676
Laois	13	395,914	1,131,182
Leitrim	3	59,480	169,942
Limerick	7	102,355	292,444
Longford	8	158,577	453,077
Louth	19	724,788	2,070,823
Mayo	26	1,069,751	3,056,431
Meath	54	1,781,838	5,090,965
Monaghan	51	2,045,775	5,845,071
Offaly	13	219,212	626,321
Roscommon	6	345,506	987,159
Sligo	2	12,818	36,624
Tipperary	55	1,523,157	4,351,878
Waterford	37	781,461	2,232,746
Westmeath	23	294,764	842,183
Wexford	67	1,509,381	4,312,518
Wicklow	16	319,253	912,151
Total	821	25,306,234	72,303.528

While the above table gives details relating to approvals many projects did not proceed or were not grant aided for a variety of reasons. In excess of 400 horticultural producers proceeded and over €13m in grant aid was paid to support investments to the value of €38m.

The scheme continues to attract strong interest from producers. In 2006, my Department has approved proposals from 150 producers involving grant aid of €6.3m to support capital investments of €18m. The average grant paid to the end of 2005 was €32,500. The maximum grant payable per applicant over the period of the scheme is €444,500 and so far 3 producers have received up to the maximum limit.

The scheme has been of significant benefit to Horticulture Producers and to the overall development of the sector. While the number of growers has declined to a current estimate of 900, overall output has increased by 25% in the period to €300m in 2005. There has been considerable rationalisation of the sector, particularly in the mushroom industry with the result that the scale of operations of individual growers has increased considerably over the period. The sector now employs some 10,000 people across the production and distribution chain.

The grant aid scheme has been a major catalyst for improving the competitiveness and market orientation of the horticulture sector and preparing it for the challenges and opportunities that lie ahead. It is critical to the ongoing development of the sector at farm level given the capital-intensive nature of projects and large-scale investments required in some sectors.

Food Labelling.

Bernard J. Durkan

Question:

29 Mr. Durkan asked the Minister for Agriculture and Food the way in which and the reason food and food products imported from non-EU countries are being re-labelled and sold here under labels indicating Irish origin with particular reference to the poultry sector; and if she will make a statement on the matter. [18821/06]

Minister for Agriculture and Food (Mary Coughlan)

Food business operators who mislead consumers in believing that food which is not of Irish origin is Irish may be committing an offence under existing food labelling legislation. Any such instances should be brought to the attention of the FSAI which is the central authority for the enforcement of food labelling.

‘Substantial transformation' is a procedure used in normal business operations to allow operators to declare goods as being manufactured in the country where considerable processing has taken place. I am very concerned that this practice might be used to mislead consumers as to the origin of the product. I have raised this issue directly with the Commission on a number of occasions and indeed have been in contact with the EU Commissioner for Health and Consumer Protection, Mr. Kyprianou again earlier this year about the matter.

Subsequently the Commission decided to review EU labelling. In this context the Commission recently published a consultative document on ‘Labelling: Competitiveness, Consumer Information and Better Regulation in the EU' and invited Member States for submissions by mid June 2006. My Department is currently preparing a submission in which we will again raise this matter.

Common Agricultural Policy.

Joe Costello

Question:

30 Mr. Costello asked the Minister for Agriculture and Food her views on developing countries’ demands in World Trade Organisation negotiations for a special safeguard mechanism and special products mechanism to be inserted into future WTO agreements; and if she will make a statement on the matter of demanding concessions by such developing countries in return for acceding to their demands. [18888/06]

Minister for Agriculture and Food (Mary Coughlan)

The mandate for the current round of WTO negotiations, the Doha Development Agenda, states that special and differential treatment for developing countries shall be an integral element of all elements of the negotiations.

In accordance with the negotiating mandate, agreement was reached in August 2004 on a "Framework for establishing modalities in agriculture" which sets out the main elements of a new agreement. The Framework provides for the establishment of a Special Safeguard Mechanism for developing countries and the designation of an appropriate number of Special Products, based on their food security, livelihood security and rural development needs, which will be subject to more flexible treatment that other products in relation to market access arrangements.

I fully support the principle of special and differential treatment for developing countries and agree with the aspects included in the Framework agreement. Detailed arrangements for their implementation will be agreed as part of the on-going negotiations on the terms of the final agreement. The negotiations cover a broad range of issues for a new multilateral trade agreement in which all WTO member countries participate and contribute. My objective is to achieve a balanced outcome to the negotiations that recognises the agriculture market access and other sensitivities of both developed and developing countries.

On-farm Investment Schemes.

Olivia Mitchell

Question:

31 Ms O. Mitchell asked the Minister for Agriculture and Food her plans for the future utilisation of lands previously used to grow sugar beet; and if she will make a statement on the matter. [18775/06]

Minister for Agriculture and Food (Mary Coughlan)

Following the introduction of the Single Payment Scheme last year, farmers now have the freedom to choose whatever farming enterprise is most appropriate to their circumstances. Under the agreement on reform of the EU sugar regime, the Single Payment Scheme is being extended to cover sugar beet compensation.

The sugar reform agreement also provides for the introduction of aid for diversification measures in the event that sugar beet production completely ceases. This aid, worth almost €44m, would be drawn down in the framework of a national restructuring programme. Under the draft Commission implementing regulation, which has still to be adopted, Ireland will be required to provide a restructuring plan to the Commission by the end of this year.

Food Labelling.

Michael Ring

Question:

32 Mr. Ring asked the Minister for Agriculture and Food when she will introduce country of origin labelling within the catering trade; and if she will make a statement on the matter. [18818/06]

Minister for Agriculture and Food (Mary Coughlan)

The general food labelling legislation comes within the remit of the Department of Health & Children. My Department has responsibility for specific labelling regulations such as the labelling of beef. It is governed by comprehensive EU regulations that were introduced in 2000 and is underpinned by a full national cattle identification and traceability system. However, these labelling requirements only apply as far as retail level. Primary legislation to allow for the extension of these regulations to the catering sector was enacted by the Oireachtas in March 2006 by way of an amendment to the Health Act 1947. Following consultation with the FSAI, my Department has submitted the necessary draft Beef Regulations to the Department of Health and Children. It is expected that the Regulations will be in place this summer.

The amended Heath Act 1947 will also facilitate the extension of country of origin labelling to all meats including poultry meat. The EU Commission, however, is opposed to Member States introducing legislation on compulsory labelling that is over and above the common EU requirement. There would also be serious challenges in the implementation and enforcement of national legislation in the absence of harmonised EU provisions due to such factors as the amount of processing and repackaging operations that poultry in particular may be subjected to before arrival in this country. Therefore, the preferable way forward is that the EU Commission would progress the question of origin labelling of poultry. I have raised this issue with Commissioner Kyprianou and am taking every opportunity to press for progress on the matter. I will also raise this matter in the context of the current EU review of food labelling.

It is my intention that if no action is taken at EU level, I will put forward proposals for the extension of country of origin labelling on all meats at retail and catering levels here and to submit such proposals for EU approval.

Animal Welfare.

Olwyn Enright

Question:

33 Ms Enright asked the Minister for Agriculture and Food the steps she intends to take to develop an all Ireland animal health regime; and if she will make a statement on the matter. [18789/06]

Minister for Agriculture and Food (Mary Coughlan)

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

The establishment of the North South Ministerial Council offered an opportunity to build on existing co-operation arrangements and provided a framework for the development of an all-island animal health policy.

The main objectives of the Council are to foster co-operation and to devise a common, unified animal health strategy for the island as a whole. This involves the convergence of animal health policies and the development of joint strategies for dealing with animal diseases. The ultimate objectives are to establish a common import regime and equivalent internal arrangements with a view to achieving free movement of animals and animal products within the island.

The programme of work mandated by the NSMC to agree a common animal health and welfare strategy for the island has been taken forward by nine working groups at official level. The remit of these groups includes TB and Brucellosis, TSEs (BSE and Scrapie), veterinary medicines, other Zoonoses and animal diseases, disease surveillance, animal welfare, import and export of live animals and animal products, animal identification, traceability and cross-border aspects of fraud.

These working groups meet regularly and their work has focused on three main themes:

•Common or equivalent controls at points of entry to the island;

•Convergence of internal animal health policies; and

•Development of joint strategies for the control of animal disease.

The main achievements to date are the development of a co-ordinated and complementary approach towards import policies and portal controls at points of entry to the island, the convergence of policies in regard to animal identification and Scrapie and the strengthening of co-ordination and co-operation between both administrations on a variety of issues such as FMD, BSE and cross-border fraud. These groups continue to report progress in exchange of information and in implementation of initiatives aimed at policy convergence and the development of a common unified strategy for the island as a whole.

It must also be recognised that the achievement of such an all-island animal health strategy involves complex dialogue and negotiation over a range of areas between the Irish, Northern Irish and British authorities. Ultimately, the agreement of the European Union will be required.

In addition to the above, there has been a significant deepening and strengthening of co-operation, information exchange and ongoing co-ordination between the two administrations on a variety of issues such as FMD, BSE, Avian Influenza and cross-border fraud while the Farm Animal Welfare Advisory Council includes representation from the Department of Agriculture and Rural Development, (DARD). DARD was also represented at a recent meeting of the Avian Influenza Advisory Group and will also be represented at future meetings of the Group which indicates the collaborative approach taken by Dublin and Belfast in relation to challenges ahead. On cross-border fraud, the two administrations have worked together successfully in a number of joint enforcement actions and ongoing exchanges of expertise and information are taking place.

In relation to the EU decision to lift the BSE ban on exports from the United Kingdom from 3 May 2006, arrangements have been agreed and put in place between our two administrations to facilitate the trade of cattle from Northern Ireland for slaughter, breeding and production.

Animal Identification Scheme.

Ruairí Quinn

Question:

34 Mr. Quinn asked the Minister for Agriculture and Food the steps she is taking to ensure that rules governing the insertion of chips into horses are enforced; the number of infractions of this rule which have occurred during each of the past five years; and the number of convictions there have been during each of the past five years of people found guilty of infringing this law. [18883/06]

Minister for Agriculture and Food (Mary Coughlan)

There is no legislative requirement at EU or national level to microchip horses. While microchipping of equidae is not mandatory some of the studbooks approved by my Department include a requirement in their own internal rules to microchip equidae to protect the integrity of their studbooks.

Veterinary Services.

Billy Timmins

Question:

35 Mr. Timmins asked the Minister for Agriculture and Food the steps she is taking to provide a countrywide and weekend veterinary service for the issue of prescriptions for animal remedies; and if she will make a statement on the matter. [18798/06]

Minister for Agriculture and Food (Mary Coughlan)

The Deputy will be aware that veterinary practices are primarily commercial entities and their locations are driven by commercial realities. However, insofar as State involvement is concerned, I can point to a number of recent measures which will alleviate difficulties which may arise in certain parts of the country. Under the new Veterinary Practice Act 2005, effective from 1 January 2006, there is a provision which for the first time enables the Veterinary Council to recognize qualifications from applicants in Third Countries generally. This, taken with the enlargement of the EU, will make for improved availability of practitioners to meet shortfalls that may arise on the supply side. Furthermore, the Animal Remedies Regulations 2005, which I signed into law on the 17 November 2005, contain a number of measures which facilitate veterinary practitioners and their farmer clients to avoid difficulties in this area. These include changes to the prescribing rules in terms of the ending of the requirement to clinically examine an animal prior to writing a prescription and the extended validity period of prescriptions. The Regulations also include a provision, which in a genuine emergency situation and subject to appropriate safeguards, allows a pharmacist to supply a prescription medicine in advance of receiving a written prescription. Finally, I understand that Udaras na Gaeltachta provides funding to subsidise veterinary practices in remote areas in consultation with the local farming community.

Food Industry.

Richard Bruton

Question:

36 Mr. Bruton asked the Minister for Agriculture and Food the number of meetings of the Food Agency Co-Operation Council in 2004 and 2005; and if she will make a statement on the matter. [18805/06]

Minister for Agriculture and Food (Mary Coughlan)

The Food Agency Co-operation Council was established in 2000 under the aegis of my Department to promote the fullest practical co-operation between the State Agencies involved in the food industry, in the interests of the optimum development of the industry. The Council met on 20 occasions between 2000 and 2003. During 2004 and 2005 priority was given instead to meetings of the food development agencies directly concerned with the food programme components of the National Development Plan 2000-2006. Two such meetings took place in 2004, one in 2005 and one in 2006 to assess progress on the Plan in preparation for meetings of the NDP Monitoring Committees.

The Food Agency Co-Operation Council has produced a number of publications, which have been well received by the industry. In 2001 the Council was instrumental in the drawing up of a Human Resource Development programme for the food processing industry and produced a publication Market Trends — Implications for Suppliers and State Agency Initiatives. In December 2002, the Council's publication — A National Food Incident Management Plan — was launched. The Market Led New Product Development Guide, launched in April 2003, provides guidance to food and drink companies in relation to New Product Development best practice and this has subsequently been promulgated to County Enterprise Boards. The Council has also played a significant role in increasing co-operation, at formal and informal level, between the state agencies involved in the food industry and this has led to a number of "Memorandums of Understandings" being agreed between agencies.

In the light of a more market orientated CAP, the 2015 Agri-Vision Report and the Enterprise Strategy Report my Department has been examining future co-operation between agencies to most effectively develop the agri-food industry. Arising from this, I have included in the Plan of Action, which I launched to implement the 2015 Agri-Vision Report, the establishment of a high level group of CEOs of food agencies, which will subsume and develop the role of the Council, and also a Food Industry Committee. Both will be chaired at Ministerial level and will ensure a consolidated approach towards the development of the food sector as a whole and identify and address issues impeding the development of the sector.

Direct Payment Schemes.

Paul Kehoe

Question:

37 Mr. Kehoe asked the Minister for Agriculture and Food her plans for the distribution of the sugar compensation package; and if she will make a statement on the matter. [18769/06]

Shane McEntee

Question:

96 Mr. McEntee asked the Minister for Agriculture and Food the steps she is taking to protect sugar beet growers; and if she will make a statement on the matter. [18788/06]

Gerard Murphy

Question:

104 Mr. G. Murphy asked the Minister for Agriculture and Food the procedures to be employed to distribute the sugar compensation package; and if she will make a statement on the matter. [18776/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 37, 96 and 104 together.

The compensation package negotiated in the context of reform of the EU sugar regime is worth over €310m to Irish stakeholders. There are three elements to the compensation package.

The first element is the compensation to beet growers of up to 64% of the reduction in the minimum price for beet. This compensation, which will be incorporated in the existing Single Payment Scheme and will be payable from 2006, is worth approximately €123m to Irish beet growers over the next seven years.

The second element of the compensation package is the restructuring aid covering the economic, social and environmental costs of restructuring of the sugar industry involving factory closure and renunciation of quota. In Ireland's case, this would be worth up to €145m.

The third element of the package is the diversification aid, worth almost €44m in Ireland's case, which would be drawn down in the framework of a national restructuring programme.

The restructuring aid is subject to the submission by the processor of a detailed restructuring plan for the industry following consultations with the beet growers. The reform agreement provides that at least 10% of the restructuring aid shall be reserved for sugar beet growers and machinery contractors. That percentage may be increased by Member States after consultation of interested parties provided that an economically sound balance between the elements of the restructuring plan is ensured. In that context, my Department has recently issued an open call for submissions which will be subject to scrutiny by Indecon International Economic Consultants who have been appointed by the Government to provide me with independent expert advice on matters relating to the implementation of the restructuring aid. A final decision on the percentage will be made in due course having regard to this advice and following the adoption in the near future of the Commission Regulation laying down detailed rules for the implementation of the restructuring aid.

The timescale for implementing the restructuring aid is very tight where restructuring takes place in the first year of the new regime especially having regard to the fact that the Commission regulations are not yet finalised. The Council Regulation requires that the application for restructuring aid must be made by the processor by 31 July 2006. The application must include a detailed restructuring plan for the industry. A decision on the granting of the aid must then be made by the Member State by 30 September 2006 at the latest.

It is my intention that the restructuring aid will be implemented in a fair and equitable manner and strictly in accordance with the relevant EU regulations.

Milk Quota.

John Deasy

Question:

38 Mr. Deasy asked the Minister for Agriculture and Food her plans for the allocation of milk quota; and if she will make a statement on the matter. [18793/06]

Michael Ring

Question:

39 Mr. Ring asked the Minister for Agriculture and Food her plans to revise the allocation of milk quota; and if she will make a statement on the matter. [18803/06]

Billy Timmins

Question:

48 Mr. Timmins asked the Minister for Agriculture and Food her proposals on the allocation of milk quota; and if she will make a statement on the matter. [18797/06]

Dan Neville

Question:

63 Mr. Neville asked the Minister for Agriculture and Food her plans for the allocation of milk quota; and if she will make a statement on the matter. [18786/06]

Phil Hogan

Question:

76 Mr. Hogan asked the Minister for Agriculture and Food her plans for the reform of milk quota; and if she will make a statement on the matter. [18794/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 38, 39, 48, 63 and 76 together.

In March I announced my intention to move to a more open market system for transferring milk quotas, which will come into effect on the 1st April 2007. I made this decision because the current restructuring model will not meet the future needs of the industry and a more effective response is required in order to meet future competitive pressures.

My Department and I have made solid progress in the continuing consultations with the farm organisations and with representatives of the milk processing sector. We are now in the process of undertaking a comprehensive analysis of the issues raised and the options for dealing with them, with a view to designing an appropriate transfer mechanism. My aim is to have the new system in place before the start of the 2007/2008 milk quota year.

Common Agricultural Policy.

Michael D. Higgins

Question:

40 Mr. M. Higgins asked the Minister for Agriculture and Food the status of Doha Round World Trade Organisation negotiations in so far as they relate to agriculture; and if she will make a statement on the matter. [18876/06]

Michael Noonan

Question:

69 Mr. Noonan asked the Minister for Agriculture and Food the status of the World Trade Organisation talks; and if she will make a statement on the matter. [18792/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 40 and 69 together.

The current negotiations on a new World Trade Agreement, which cover a broad trade liberalization agenda, have been under way since they were launched in Doha in November 2001 and further progress towards agreement was reached at the WTO Ministerial Conference in Hong Kong in December 2005. The Conference reached agreement on a number of issues and set clear deadlines for the completion of the negotiations on agriculture. The end of April 2006 was set as the deadline for the completion of the modalities, or detailed provisions, of the new agreement and a further deadline of end July 2006 was set for the submission of schedules, or specific commitments, by all WTO member countries. Despite intensive negotiations, the end of April deadline has passed without agreement on modalities. The negotiations are now continuing with a view to reaching agreement by the end of July.

I am continuing to monitor closely the progress of the negotiations. The Commission negotiates on behalf of EU Member States on the basis of a mandate agreed in the Council of Ministers. My objective is to secure a balanced outcome across all sectors and between the different elements of the agriculture negotiations and to ensure that the final agreement on agriculture will not require further reform of the Common Agriculture Policy.

Market access is, for me, a key element of the negotiations and, in that context, in addition to tariff reductions and sensitive products issues, I will be seeking to ensure that non-trade concerns are fully taken on board. I fully support the policy that animal products imported into the EU from Third Countries meet standards at least equivalent to those required for production in, and trade between, EU Member States. I have concerns that there is not real equivalence regarding animal traceability, controls on veterinary medicines, prohibited substances and residue monitoring programmes in respect of imports from certain third countries. I have already been in contact with the Commissioner on this matter on a number of occasions and I will continue to use every opportunity to voice my concerns. Indeed, I will be raising this matter again at next Monday's Council of Ministers meeting in Brussels.

Farm Management.

Michael D. Higgins

Question:

41 Mr. M. Higgins asked the Minister for Agriculture and Food her proposals to encourage young people to enter or remain in farming; and if she will make a statement on the matter. [18866/06]

Minister for Agriculture and Food (Mary Coughlan)

According to the CSO there were 135,100 farmers in 2003, which is the most recent data available. Of this figure, 15,000 or 11% are under 35 years of age compared to the EU-15 average of 8%. This favourable demographic situation has been brought about by a series of policies and schemes to attract young people into farming.

Schemes to encourage earlier farm transfers include: (a) An Installation aid grant of €9,520 to farmers under 35 years of age who meet specific criteria. (b) Young trained farmers are eligible for 100% stock relief. (c) New entrants were also catered for under the 2005 National Reserve for the Single Payment Scheme. (d) Young trained farmers are eligible for higher dairy hygiene and farm waste management grant rates. (e) Young farmers/new entrants have also been prioritised under various milk quota schemes.

In terms of taxation measures, young trained farmers are eligible for 100% stamp duty relief on the transfer of agricultural land and buildings to them. A young farmer is also eligible for generous capital acquisitions tax agricultural relief, which reduces the market value of all agricultural property by 90%, thus exempting most family farm transfers from a capital acquisitions tax liability. Commissioner Fischer Boel, in her recent address to the Dáil, stated that Ireland and the EU may expect fierce competition in key agricultural markets such as beef and dairy production in the context of a new WTO agreement. The statement was not unexpected and reflects my own opinion that there will be increased competition on international markets in the future. The WTO negotiations are ongoing and the objective of the talks is a fair and equitable balance between the three pillars within agriculture of market access, domestic support and export competitiveness.

As regards market access I have stated repeatedly that there should be no further concessions granted to our negotiating partners and that we have already exceeded the limits of our generosity. I have never wavered from that opinion and provided that it is maintained I would be confident of our ability to maintain a competitive edge on EU dairy markets. As regards domestic supports the bottom line is that there will be no further reform of the CAP and the system of decoupled payments will be fully acceptable as WTO green box compatible. On export competitiveness the EU offer includes the elimination of export refunds by 2013 and clearly this offer will test our ability to compete in third countries. Nonetheless, with careful management of the phasing out process, together with increased scale and efficiency at both producer and processor levels.

I am confident that Irish dairy exports will continue to compete successfully on international markets with products that reach the highest standards demanded by consumers, reflecting emerging trends and tastes.

Avian Influenza.

Thomas P. Broughan

Question:

42 Mr. Broughan asked the Minister for Agriculture and Food the powers she has to control ingress and egress into and from Ireland in the event of a serious outbreak of avian flu; and if she will make a statement on the matter. [18889/06]

Michael Noonan

Question:

67 Mr. Noonan asked the Minister for Agriculture and Food if she is satisfied regarding the measures currently in place to protect Ireland against an outbreak of avian flu; and if she will make a statement on the matter. [18768/06]

Bernard Allen

Question:

72 Mr. Allen asked the Minister for Agriculture and Food the steps she is taking to prevent an outbreak of avian flu here; and if she will make a statement on the matter. [18796/06]

Willie Penrose

Question:

75 Mr. Penrose asked the Minister for Agriculture and Food the position regarding arrangements to deal with a possible outbreak of avian flu; and if she will make a statement on the matter. [18864/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 42, 67, 72 and 75 together.

The position throughout Europe is relatively stable. To date thirteen Member States have had cases/outbreaks of H5N1 Avian 'flu, of which only three have been in poultry/game. The number of cases in wild birds notified to the EU fell by over 50 per cent between March and April (from 355 cases to 158).

I have, since last September, put in place a comprehensive range of contingency measures aimed at minimising the risk of the virus being introduced to Ireland and ensuring that the Department is equipped, in the event of an outbreak, to ensure its very early identification and speedy eradication. A particular focus in terms of minimising the risk posed to our poultry flocks is to encourage very high levels of biosecurity on poultry farms and the Department has written to over 8,000 poultry farmers enclosing an Information Booklet for Registered Poultry Flockowners. The main objective is to avoid contact between wild birds and domestic poultry, their litter and feed. Further advice issued to all poultry flockowners advising them of the need to ensure that all water sourced from surface supplies used for poultry is treated to inactivate any viruses. This is a key message from my Department, which we have repeated given the potential for the virus to be spread by water to which wild birds may have had access.

In February, I appointed an Expert Advisory Group, comprised of veterinary, scientific, medical and ornithological experts to advise me in relation to animal health control measures. That Group has now met on three occasions and has consistently concluded that the control measures currently in place are appropriate, given the current level of risk posed by avian 'flu. The day-to-day disease management responsibility and planning with regard to avian 'flu rests within my Department.

Contingency planning is continuing and contact is being maintained with other Government Departments / Offices and State Agencies on whose assistance we may rely including an Garda Síochána, the Defence Forces, the Civil Defence, the National Parks & Wildlife Service etc. Due to the potential public health aspect associated with avian 'flu, my Department has engaged the services of an Occupational Health Specialist and I am also availing of the assistance of the School of Public Health in UCD who have just finalised occupational health protocols for those involved in disease control activities. These are being made available to the various supporting agencies as soon as possible.

In the event of an outbreak in either wild birds or domestic poultry, the immediate measures to be put into place are provided for in EU legislation and have already been put into effect in those Member States affected by the disease. My Department has circulated all registered poultry flockowners setting out the measures to be implemented in the event of avian 'flu in wild birds or an outbreak in poultry and the implications of those measures for those located in the areas.

Finally, because of the obvious mutual concerns shared by authorities on both sides of the border, there has been and continues to be close ongoing contact between my Department and DARD in Belfast and DEFRA in Britain.

With regard to the importation of birds, an EU-wide ban is in place in respect of the importation of exotic or hobby birds from Third Countries, with the exception of consignments of five or fewer pet birds accompanying their owners who are permanently transferring their residence. The intra-community trade in such birds is provided for subject to 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, and the conditions attaching thereto.

My Department undertakes inspections of import consignments, at points of import, on the basis of a spot-check regime which is itself based on risk-assessment for disease purposes.

The precautionary measures in place are robust and provide for the full implementation of 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 being more prevalent in wild birds whose entry cannot be controlled or certified.

I am satisfied, given the range of measures in place and the vigilant approach being taken to the threat posed, that our contingency arrangements are fully proportionate to the current risk and will continue to be kept under constant review and I will not hesitate to revise our controls should circumstances so demand.

Alternative Farm Enterprises.

Pádraic McCormack

Question:

43 Mr. McCormack asked the Minister for Agriculture and Food the steps she is taking to develop the biofuel sector; the discussions she has had with the Department of Communications, Marine and Natural Resources; and if she will make a statement on the matter. [18808/06]

John Perry

Question:

45 Mr. Perry asked the Minister for Agriculture and Food the measures she intends to take to promote alternative renewable energy from agriculture; and if she will make a statement on the matter. [18800/06]

Paul Connaughton

Question:

83 Mr. Connaughton asked the Minister for Agriculture and Food the steps she is taking to develop an alternative energy sector based on agricultural land; and if she will make a statement on the matter. [18801/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 43, 45 and 83 together.

Overall responsibility for energy policy rests with the Minister for Communications, Marine and Natural Resources, who is leading a cross-Departmental, cross-agency approach in developing and implementing renewable energy policy. As Minister for Agriculture and Food, I have a special interest in the development of the renewable energy sector — and of biofuels in particular, given that agriculture is the source of most of the raw materials used to manufacture biofuels. My Department has accordingly been working closely with the Department of Communications, Marine and Natural Resources on the matter.

Biofuels is one element in the development of renewable energy. Agriculture and forestry has the potential to be the source of many feedstocks for biofuels. For example, oilseed rape, wheat and sugar beet can be used for the manufacture of liquid transport biofuels, while forestry by products and other farming and food by-products such as meat and bone meal and tallow, can be used for energy/heat generation. Tallow can also be used for biodiesel production. Other energy crops such as short rotation coppice and miscanthus can be used for heat and electricity generation.

Apart from the need to lessen dependence on fossil fuels for environmental and cost reasons, the development of biofuels, through the growing of energy crops, presents a new opportunity for rural communities and economies. The reform of the Common Agricultural Policy (CAP) which was agreed in 2003 gives farmers the freedom to exploit new farming opportunities, including agricultural production for non-food uses.

Support to farmers for the growing of energy crops may only be granted in accordance with EU regulations. Currently, such support is provided by way of the Energy Crops Scheme which was introduced under the reform of the CAP and which is administered by my Department. Under this scheme, energy crops may qualify for aid of €45 per hectare provided they are intended primarily for use in the production of biofuels and electric and thermal energy produced from biomass. In addition to this scheme, set aside land can be used for a variety of non-food uses including the growing of crops for energy purpose and will therefore qualify to activate set-aside entitlements under the Single Payment Scheme. The EU has agreed that sugar beet will be eligible for aid under the scheme and may also be grown as an energy crop on set aside land. The aid of €45 per hectare available under the Energy Crops Scheme has proven not to be sufficiently attractive in itself to stimulate the growing of such crops. For this reason at the February Council of Agriculture Ministers meeting I called for a review of the premium and I am pleased to say that the EU Commission has undertaken to review the operation of the scheme.

The production and utilisation of agricultural products for energy purposes can only be sustained in the longer term if biofuels generate a more favourable return than traditional market outlets. I am confident that the extension in the last Budget of excise relief of €205m which, when fully operational, will support the use and production of 163 million litres of biofuels annually, will help drive additional demand for the production of energy crops.

On the wider agricultural and energy policy agenda, biomass is of increasing importance and significance. Biomass energy in Ireland is mainly derived from wood products, which are converted into heat. I believe that the exploitation of the wood resource especially pulpwood, sawmill residues and harvestable forest residues offers enormous potential and could contribute significantly to our energy and heat requirements. Ireland has an excellent growing climate and an ongoing supply of raw material for wood fuel.

Wood residues are already being used to produce heat for sawmills across the country and the wood energy market is poised for growth with a number of commercial start-ups and a supply chain emerging. The €27m "Greener Homes" grant programme for the domestic sector announced by the Minister for Communications, Marine and Natural Resources recently will help drive demand for wood biomass. The grant aid for commercial scale biomass boilers to be announced in the coming weeks will stimulate demand even further. My Department is also actively promoting the use of wood biomass through grants to promote and develop sustainable forestry, including alternative timber uses and we are close to finalising a scheme of supports for the purchase of specialist wood biomass harvesting equipment. We are directly promoting the use of wood biomass by the installation of a wood heating system at the Department's offices at Johnstown Castle.

Short rotation coppice and miscanthus have considerable potential for heat/electricity generation. In Ireland, however, the production of short rotation coppice is relatively undeveloped. Thus costs of production, especially the substantial initial establishment costs, will be high due to lack of economies of scale. My Department is currently pursuing a proposal to reactivate establishment grants for short rotation coppice. I have received a number of proposals for the introduction of establishment grants for miscanthus and these are also being considered.

Meanwhile my Department in conjunction with Teagasc and COFORD has examined the potential of energy crops, wood biomass and farming and food by products. Last year, we began providing direct funding, on a competitive basis, to support priority research projects in relation to biofuels. This funding is channelled through the Department's Research Stimulus Fund Programme. Three of the projects selected under the 2005 call for proposals directly relate to biofuels and energy crops and received total grant assistance of some €0.9m. The funding available under the Programme has now been substantially increased and a further call for projects was recently advertised in the national press. This call also includes the non-food uses of agricultural land.

Apart from purpose grown energy crops and wood biomass, there are several by-products of the farming and food processing industries that can be recovered and used in various ways as biofuels. These are mainly animal by-products such as meat and bone meal, tallow, animal manures and food by-products. There are significant opportunities for the use of animal by-products as biofuels some of which are being considered actively. Commercial realities are driving these proposals. The disposal of by-products imposes a cost on industry and it makes economic sense to offset this cost by realising the potential of the by-products as an energy source. Tallow is used at present as a biofuel in thermal boilers in rendering plants and larger meat export plants to provide energy. A recent EU Regulation provides for the conversion of tallow to biodiesel. Some rendering plants are considering building biodiesel plants for this purpose using various combinations of tallow, recovered vegetable oil and rapeseed oil.

The importance of biofuels and bioenergy is recognised in the AGRI Vision 2015 ACTION Plan and I will continue to work closely with my colleague the Minister for Communications Marine and Natural Resources to ensure that agriculture contributes to the development of biofuels as part of a coherent energy policy.

Grant Payments.

David Stanton

Question:

44 Mr. Stanton asked the Minister for Agriculture and Food the average length of time it takes to process an application under the single payment scheme; the reason there have been delays in applicants receiving payment; and if she will make a statement on the matter. [18856/06]

David Stanton

Question:

47 Mr. Stanton asked the Minister for Agriculture and Food the number of applications received for the single farm payment; the number of payments which have been made to date under the scheme; the number of applications which are awaiting decisions; the number which have been refused payment; when she expects all the applications for 2006 to be processed and payments made; and if she will make a statement on the matter. [18855/06]

Phil Hogan

Question:

93 Mr. Hogan asked the Minister for Agriculture and Food the number of farmers awaiting payment under the single farm payment; and if she will make a statement on the matter. [18779/06]

Paul McGrath

Question:

99 Mr. P. McGrath asked the Minister for Agriculture and Food when all farmers will be issued with the single farm payment; and if she will make a statement on the matter. [18783/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 44, 47, 93 and 99 together.

One of my main objectives since assuming office as Minister for Agriculture and Food, was to ensure the efficient implementation of the decoupled Single Payment Scheme — the most significant change to agricultural support since our accession to the European Community.

This huge task was successfully implemented when over €1 billion in Single Payments issued to 118,500 farmers last December, meeting the target we had set ourselves of making the payments on the first possible date. This was a major undertaking and the outcome, after painstaking preparatory work in establishing individual entitlements, was, by any standards, a major achievement. Total payments to date amount to €1,162 million, involving over 99% of farmers, who hold entitlements and who applied for the 2005 Single Payment Scheme.

Under EU legislation, Member States may commence payment under the Single Payment Scheme on 1 December of the year of application, with payments being fully processed by the following 30 June. My priority in 2005, the first year of this new Scheme, was to maximize the number of payments to eligible applicants by the earliest date possible of 1 December and I am satisfied that this was achieved. Since then, it has been my absolute priority to ensure that the issues that are holding up the remaining cases are resolved with the applicants concerned and that payments are made without undue delay. To this end, I have arranged that payments issue on a very regular basis, as soon as the problems with the outstanding cases are resolved.

To date, almost 127,000 farmers have been paid under the Scheme, while there are 795 applicants with entitlements with outstanding issues to be resolved before payment can be made.

In common with the Direct Payment Schemes, which the Single Payment Scheme replaced, delays in processing can be caused by many factors, including incomplete application forms, errors on applications and discrepancies highlighted following computer validation, which must be resolved via correspondence with the applicant. In many cases, payment could not be made because applicants did not submit an application to transfer the Single Payment entitlements, with lands, by way of inheritance, gift, lease or purchase. Many of these applications were only received after my Department made direct contact with the farmers in question, and some have yet to be submitted. Every effort is being made by my Department to resolve the outstanding cases but many of these are extremely complex and, in other cases, my Department is still awaiting documentation before payment can be made.

I should add that the changeover to the Single Payment was undertaken while work continued on winding up the coupled schemes. The successful introduction of the Single Payment Scheme in Ireland in 2005 is testimony to the efforts of all concerned. It is my intention that this success will be built on into the future.

With regard to the 2006 Single Payment Scheme, the Deputy will be aware that the closing date for receipt of applications was Monday of the week, 15 May 2006. While there is a facility for farmers to lodge applications after this date, up to 9 June 2005, any such applications will be subject to a regulatory 1% per working day penalty. I am very encouraged, however, by the pattern of application under the 2006 Scheme and have every reason to believe that late applications will be fewer than the 1,000 under the 2005 Scheme.

While initial processing commenced immediately, the first 2006 applications were received in my Department, it will be appreciated that dealing with the volume of applications involved is an enormous task. However, it is hoped that fewer errors will be revealed in the validation process, particularly given the refinements in the application form. Similarly, farmers themselves are more familiar with the requirements of the new scheme, having had the experience of 2005.

Currently, the regulations provide for payments to commence on 1 December of the year of application. However, conscious of farmers' cash flow and mindful that Christmas makes additional demands on all, including farmers, I have instructed my officials to seek the approval of the EU Commission for making advance payments, effective from 16 October, the first day of the EU financial year.

Question No. 45 answered with QuestionNo. 43.

Dairy Sector.

Jack Wall

Question:

46 Mr. Wall asked the Minister for Agriculture and Food her plans to ensure the future viability of the dairy industry here; her views on the recent remarks by Commissioner Fischer Boel that in view of World Trade Organisation related cuts the EU would probably lose most of its share of the world export market for dairy products; and if she will make a statement on the matter. [18870/06]

Minister for Agriculture and Food (Mary Coughlan)

Commissioner Fischer Boel, in her recent address to the Dáil, stated that Ireland and the EU may expect fierce competition in key agricultural markets such as beef and dairy production in the context of a new WTO agreement. The statement was not unexpected and reflects my own opinion that there will be increased competition on international markets in the future. The WTO negotiations are ongoing and the objective of the talks is a fair and equitable balance between the three pillars within agriculture of market access, domestic support and export competitiveness.

As regards market access I have stated repeatedly that there should be no further concessions granted to our negotiating partners and that we have already exceeded the limits of our generosity. I have never wavered from that opinion and provided that it is maintained I would be confident of our ability to maintain a competitive edge on EU dairy markets. As regards domestic supports the bottom line is that there will be no further reform of the CAP and the system of decoupled payments will be fully acceptable as WTO green box compatible. On export competitiveness the EU offer includes the elimination of export refunds by 2013 and clearly this offer will test our ability to compete in third countries. Nonetheless, with careful management of the phasing out process, together with increased scale and efficiency at both producer and processor levels.

I am confident that Irish dairy exports will continue to compete successfully on international markets with products that reach the highest standards demanded by consumers, reflecting emerging trends and tastes.

Question No. 47 answered with QuestionNo. 44.

Question No. 48 answered with QuestionNo. 38.

Farm Waste Management.

Tom Hayes

Question:

49 Mr. Hayes asked the Minister for Agriculture and Food the grant aid which will be made available to small farmers to manage rainwater under the nitrates action plan; and if she will make a statement on the matter. [18812/06]

Seymour Crawford

Question:

71 Mr. Crawford asked the Minister for Agriculture and Food when she will increase the costings for grants under the farm building programme; if she has an agreement with farmers through partnership that costings would be reviewed and adjusted on a regular basis; and if she will make a statement on the matter. [18554/06]

Denis Naughten

Question:

79 Mr. Naughten asked the Minister for Agriculture and Food if she is satisfied regarding the allocation of funding available to meet the farm waste management grant scheme. [18782/06]

Simon Coveney

Question:

100 Mr. Coveney asked the Minister for Agriculture and Food the average rise in the cost of steel over the past five years; if her attention has been drawn to the impact which this is having on the cost of construction of farm buildings; and if she will make a statement on the matter. [18763/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 49, 71, 79 and 100 together.

Following receipt of the required EU approval, the revised Farm Waste Management Scheme was launched by my Department on 24 March 2006. The principal changes to the Scheme include — (a) an increase in the standard grant-rate from 40% to 60%, with 70% being available in the four Zone C counties; (b) an extension of the Scheme for the first time to sectors such as horses, deer, goats, pigs and poultry, and mushroom compost; (c) the removal of any minimum income requirements from farming from the Scheme so that all small farmers can participate in the Scheme; and (d) an increase in the maximum eligible investment from €75,000 to €120,000 per holding.

As far as funding is concerned, a sum of €43 million is available in this year's estimates for the Scheme and I am satisfied that sufficient funding will be made available for the duration of the Scheme to finance the likely demand. The Standard Costings for the Scheme are currently under review. Pending the outcome of that review, my Department's current Standard Costings are being used. Detailed figures in regard to the average rise in the cost of steel over the previous five years, this being only one of the components taken into account when revising the Standard Costings, will be forwarded to the Deputy as soon as possible.

As regards rainwater, the technical specifications for farm buildings operated by my Department for the purposes of the Scheme require the installation of adequate arrangements for the separation of clean and dirty water as part of the conditions of any new investment. In addition, I have added the installation of guttering on existing buildings as a further new eligible item in the terms of the revised Scheme.

Animal Feedstuffs.

Mary Upton

Question:

50 Dr. Upton asked the Minister for Agriculture and Food the basis, scientific or otherwise, for the advice she apparently received late in 2005 that it is acceptable to include meat and bonemeal in dog rations; and if she will make a statement on the matter. [18886/06]

Minister for Agriculture and Food (Mary Coughlan)

Under the EU Animal By-products Regulation (Regulation (EC) No. 1774/2002), which came into effect on 1 June 2003, Category 3 meat-and-bone meal, which is derived from animals deemed fit for human consumption, can be used in pet food. By contrast Category 1 meat-and-bone meal, which is derived from high-risk material including BSE carcases and suspects, is totally excluded from the food chain based on scientific grounds; and Category 2 meat-and-bone meal, which is derived from material including condemned meat, manure and gut contents, can only be used in limited circumstances for biogas production. This categorization is based on scientific risk-based assessment by the appropriate EU authorities.

For a number of years, because of concerns in relation to BSE since its discovery here in 1989, national legislation went beyond EU legislation and prohibited the use of Category 3 meat-and-bone meal for feed purposes to prevent the danger of possible exposure of cattle to the infective BSE agent through feed and in order to ensure the safety of consumers of beef.

During 2005 the situation was reviewed, having regard to the EU legislation, the declining number of BSE cases and the fact that some legally imported pet food containing Category 3 meat-and-bone meal was coming in to Ireland from other EU countries. I was also conscious of the need to provide productive outlets for the disposal of certain animal by-products where these do not pose a risk to public or animal health.

I decided in all the circumstances to allow the use of Category 3 meat-and-bone meal in the manufacture of dried packaged pet food. SI 248 of 2003 was amended by SI 707 in November 2005 to introduce this change.

Strict conditions apply in the pet food manufacturing process and controls are in operation covering the receipt of meat-and-bone meal in sealed bags; microbiological testing for salmonella; the need for a dedicated intake/ storage area; and facilities for the safe disposal of unused meat-and-bone meal through rendering or incineration.

Food Industry.

Róisín Shortall

Question:

51 Ms Shortall asked the Minister for Agriculture and Food the action she is taking to encourage the promotion of locally grown food; and if she will make a statement on the matter. [18867/06]

Minister for Agriculture and Food (Mary Coughlan)

The mission of my Department is to lead the sustainable development of a competitive, consumer focused agrifood sector and to contribute to a vibrant rural economy and society.

Agri-Vision 2015 is a comprehensive action plan for the future of the agrifood sector. Built on the three pillars of Competitiveness, Innovation and Consumer-Focus, the Plan sets out a new vision for the future of the sector in the light of new changes impacting on it such as the change to a decoupled payments regime, a more liberalised trade policy, changes in lifestyle, the clear emergence of technology and R&D as significant market drivers and major changes in the structures of farming and retailing. There are also many actions to be taken in the other areas such as small-scale enterprises, horticulture and the organic sector, forestry, renewable energy and rural development. The Plan contains 166 specific actions under a series of headings to be implemented in the near future with the objective of ensuring that the Irish agrifood sector compares to the best in the EU and in the world in terms of knowledge base, competitiveness, innovation and marketing.

As regards specific measures for the development of local and regional food economies, I initiated a series of regional food fora involving my Department, An Bord Bia and the other food development agencies. The first forum was held in Donegal in late 2005 on the theme "Market Focus for small food enterprises". Speakers shared experiences on regional food development with food enterprises from Counties Donegal, Sligo and Leitrim. State agencies and service providers were on hand to assist producers and food enterprises interested in growing their business and food products from the North West were showcased to highlight the importance of food to the Region's economy.

The next Food Forum will be held in the North-East on 12th June and this will offer small food entrepreneurs from counties Cavan, Monaghan, Louth and Meath good opportunities to showcase products, build business linkages and obtain advice on what development agencies have to offer. By working closely with farmers, small food producers and local agencies we can successfully promote food enterprise and innovation to develop unique products reflecting the strengths of each region.

An Bord Bia which operates under the aegis of my Department recently hosted a very successful International Speciality Food Forum, at the Royal Hospital, Kilmainham, Dublin on the theme 'Regional and Local Foods — An Opportunity for Growth'. The objective of the event was to support and develop sales of Irish small business and speciality food companies on the core markets of Ireland and the UK. Up to 80 Irish speciality and premium food and drink producers showcased their products to some 150 trade buyers attending from Ireland and the UK. This represented the largest showcase of speciality Irish food and drink companies under one roof in 2006 and provided a valuable framework for networking with innovative regional and local companies.

An Bord Bia, works closely with other State and local agencies to exploit the growing opportunities for small food producers. In co-operation with Invest Northern Ireland, they have published a comprehensive information guide on the operation of farmers markets. Bord Bia has a dedicated person in the Small Business Department to assist producers and individuals, and performs a vital support function through the provision of advice and mentoring assistance. They have, in co-operation with Teagasc, undertaken research on the opportunities for Irish speciality and local foods in Great Britain, in particular the motives of speciality food consumers, to assist and orient small food companies interested in that market and have also undertaken research into the authentic ingredients which form part of Ireland's food tradition and which could raise awareness of local and regional foods and so assist producers with production diversification.

The output of the Irish artisan and speciality food sectors grew 10% in 2005 to reach €475m. This strong performance demonstrates the opportunities that exist for the right products.

Forestry Industry.

Gay Mitchell

Question:

52 Mr. G. Mitchell asked the Minister for Agriculture and Food the steps she is taking to encourage the planting of forestry; and if she will make a statement on the matter. [18807/06]

Minister for Agriculture and Food (Mary Coughlan)

A comprehensive range of incentives and supports is available from my Department to encourage the planting of forestry.

Under the Forestry Grant and Premium Scheme, grants are available to cover 100% of planting costs, as well as a 20-year tax-free premium for farmers (15 years for non-farmers) of up to €500 per hectare, depending on the species planted. Substantial tax concessions are also in place for forest-owners.

The Single Farm Payment Scheme enables farm-foresters to plant up to 50% of their eligible claimed areas with forestry, attracting immediate payment of forestry premiums, while still drawing down their full Single Farm Payment.

Supports are also available for the growing forest in the form of grants for the shaping of broadleaves and pruning of conifers, and for the construction of forest roads.

In addition to these direct supports, funding is provided for research, advisory services and promotion. Free and independent advice on all forestry matters is available from Teagasc. This advice is provided with funding support from my Department.

I am convinced that sustainable forestry is of major importance to the securing the viability of rural Ireland and underpinning quality of life. It represents a major option for effective land-use in Ireland.

Company Closures.

Joe Sherlock

Question:

53 Mr. Sherlock asked the Minister for Agriculture and Food the incentives which are available, the incentives she is empowered to make available and the incentives she is prepared to make available to ensure that the site of the Mallow sugar plant is used for the production of an agricultural commodity that can at least fill some of the gap left by the closure of the factory on that site by Greencore; and if she will make a statement on the matter. [18863/06]

Minister for Agriculture and Food (Mary Coughlan)

The question of full dismantling or partial dismantling and the continued use of the Mallow plant for production of another agricultural commodity is a matter for commercial decision by Greencore itself and the initiative on this rests with the Company. If Greencore were to submit an application for the maximum amount of restructuring aid under the terms of the reform agreement that would require full dismantling of the plant. There is also the option of partial dismantling of a factory and its use for non-sugar production while still attracting 75% of the aid available.

I raised the possibility of using Mallow for ethanol production with Greencore having regard to the incentive under the restructuring scheme, the inclusion of sugar beet in the energy crops scheme and the extension in the last budget of excise relief of €205m which, when fully operational will support the use and production of 163 million litres of biofuels annually. The company has informed me that it does not intend to produce bioethanol in Mallow but the incentives remain in place which allow other potential developers to consider the option.

Food Labelling.

John Gormley

Question:

54 Mr. Gormley asked the Minister for Agriculture and Food the action she will take to stop the fraudulent sale of vegetable and animal produce with labels claiming it is Irish when in fact it has been imported and merely washed or packed or minimally processed here; and if further to the Food Safety Authority of Ireland report which found that 42 per cent of premises visited had labelled meat that did not comply with labelling legislation and in every farmer’s and consumer’s interest she will take action to stop this dangerous fraud. [18759/06]

Minister for Agriculture and Food (Mary Coughlan)

Food business operators who mislead consumers in believing that food which is not of Irish origin is Irish may be committing an offence under existing food labelling legislation. Any such instances should be brought to the attention of the F.S.A.I. which is the central authority for the enforcement of food labelling.

'Substantial transformation' is a procedure used in normal business operations to allow operators to declare goods as being manufactured in the country where considerable processing has taken place. I am very concerned that this practice might be used to mislead consumers as to the origin of the product. I have raised this issue directly with the Commission on a number of occasions and indeed have been in contact with the EU Commissioner for Health and Consumer Protection, Mr. Kyprianou again earlier this year about the matter.

Subsequently the Commission decided to review EU labelling. In this context the Commission recently published a consultative document on 'Labelling: Competitiveness, Consumer Information and Better Regulation in the EU' and invited Member States for submissions by mid June 2006. My Department is currently preparing a submission in which we will again raise this matter.

The report to which the Deputy refers was an internal report of the FSAI on an audit to determine compliance with labelling and traceability requirements. The FSAI undertook this audit to determine whether food business operators in the fish, beef and poultry industries have in place a system of product traceability and recall.

The FSAI copied to my Department the findings in the Report that relate specifically to premises that come within its remit. The Veterinary Inspectorate in my Department examined each of the issues identified in the report. While some breaches of labelling legislation were noted during the audit, there was no threat to public health and all of the issues identified have been addressed to the satisfaction of the FSAI.

Animal Welfare.

Pat Carey

Question:

55 Mr. Carey asked the Minister for Agriculture and Food if she will clarify the responsibility her Department has for legislation in relation to domestic animals, for example cats; and if she will make a statement on the matter. [18556/06]

Minister for Agriculture and Food (Mary Coughlan)

My Department's statutory responsibility in relation to the welfare and protection of animals relates to animals kept for farming purposes and does not extend to animals kept as pets.

My Department does have a role in relation to import controls in the context of rabies and this is exercised through the operation of the EU Pet Passport System.

The Protection of Animals Acts, 1911 and 1965 are the principal statutes governing cruelty to animals in this country. Responsibility for pursuing complaints under that legislation rests with An Garda Síochána. On receipt of such complaints, the Garda has a statutory basis on which to investigate and bring a prosecution against any person alleged to have committed an act of cruelty against an animal.

In addition, my Department provides ex-gratia funding to organisations involved in the direct delivery of animal care and welfare services to assist in their on-going work. A provision of €1.1m is included in my Department's Estimates for 2006 for this purpose in respect of work to be undertaken in 2007.

Question No. 56 answered with QuestionNo. 23.

Genetically Modified Organisms.

Liam Twomey

Question:

57 Dr. Twomey asked the Minister for Agriculture and Food her Department’s plans to evaluate the economic implications of the use of genetically modified organisms; and if she will make a statement on the matter. [18799/06]

Minister for Agriculture and Food (Mary Coughlan)

Teagasc has an ongoing programme of research that investigates the potential risks and benefits associated with the growing of GM crops in Ireland including, inter alia, the economic implications. Preliminary research completed by them to date does indicate that the cultivation of certain crops with certain modifications may provide a financial incentive to the Irish farmer.

In order to establish greater clarity in the matter I requested Teagasc to carry out an evaluation of the possible national economic implications for the Agri-Food industry from the use of GMOs in crop and livestock production. Teagasc have completed their study which was based on two scenarios:

(i) The economic implications of only allowing the importation into Ireland of certified GM-free soyabean and maize livestock feed ingredients; and

(ii) The economic implications of GM-free crop cultivation in Ireland.

In the first scenario the study showed that substantial additional costs would be placed on the livestock sector, particularly on specialist dairy and beef farmers, if they were to use certified GM free soya and maize only in feeding stuffs. In the second scenario the study examined five hypothetical GM crops which could be grown here — herbicide tolerant sugar beet, Septoria resistant winter wheat, Fusarium resistant winter wheat, Rhyncosporium resistant spring barley and blight resistant potatoes. This study showed that increased profits could be generated for growers of these crops compared to their conventional equivalent. However, the study showed that there is a significant cost in relation to Identity Preservation for conventional growers in a coexistence arrangement.

Farm Incomes.

Eamon Ryan

Question:

58 Mr. Eamon Ryan asked the Minister for Agriculture and Food her plans to ensure farm gate prices are sufficient to enable people to earn a living from farming; and her views on whether farmers will continue to leave farming unless this lack of economic viability is addressed. [18760/06]

Minister for Agriculture and Food (Mary Coughlan)

The issue of farm incomes and viability is dependant on a number of factors. It should be noted that 82% of net aggregate farm income earned by farmers in 2005 was derived from direct payments; these payments totalled €2.3 billion.

Reform of the Common Agriculture Policy since the early 1990's has emphasised supporting farm income through direct payments and reducing market supports (such as intervention, aid for private storage, and export subsidies) which impact on farm gate prices. This policy, which was enhanced in the Agenda 2000 reform of the CAP, helped to achieve better market balance for most commodities while farm incomes were supported by direct payments.

With the implementation of decoupling, farmers are now supported by the substantial income platform of the Single Farm Payment and can base their production decisions on the requirements of the consumer and the returns obtained from the market. This provides the best basis for facilitating the viability of farming households.

EU Directives.

Shane McEntee

Question:

59 Mr. McEntee asked the Minister for Agriculture and Food the status of the application for a derogation to the Nitrates Directive; and if she will make a statement on the matter. [18790/06]

Minister for Agriculture and Food (Mary Coughlan)

The implementation of the Nitrates Directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. In December, the Minister made Regulations giving legal effect to Ireland's National Action Programme under the Nitrates Directive. These Regulations were finalised following difficult negotiations between the European Commission and officials of the Department of the Environment, Heritage and Local Government and the Department of Agriculture and Food.

In January, the Minister for the Environment, Heritage and Local Government announced a short de facto deferral of Part 3 of the Regulations, which covers nutrient management. This was to allow Teagasc to submit revised advice in relation to phosphorus limits. In March Teagasc provided a detailed submission which dealt with phosphorus and also with other aspects of the Regulations. Officials of the two Departments and representatives from Teagasc met the Commission on 22 March where the Teagasc experts were given the opportunity to present the revised scientific advice and to clarify certain aspects.

The Commission did not offer any definitive conclusions on the new advice at that meeting, but indicated that it was up to Ireland to make proposals for changes in the Regulations. In this connection, officials of the two Departments and senior Teagasc personnel have since had detailed technical discussions on the main elements of the Teagasc submission. I and my officials have maintained close contact with the Minister for the Environment, Heritage and Local Government and his staff in considering the changes in the Regulations. This work has progressed well and I understand that Minister Roche is now about to send his proposals for changes to the Commission.

The Commission's agreement will be required for any changes but I am satisfied that they are open to arguments that are scientifically robust. The Minister for the Environment, Heritage and Local Government and I will continue to work together to bring this matter to a conclusion and at the same time create the conditions for the negotiations on a derogation, which is vital to a large number of more intensive farmers, to proceed.

Organic Farming.

Ciarán Cuffe

Question:

60 Mr. Cuffe asked the Minister for Agriculture and Food if she will report on the figures for 1990, 1995, 2000 and 2005 of land certified as organic giving the information as a percent of total land under cultivation and in area size by hectares and acres. [18754/06]

Minister for Agriculture and Food (Mary Coughlan)

The information requested by the Deputy is set out in the following table:

Year	Hectares	Acres	% of total land under cultivation certified as organic
1990	3,800	9,389	0.08%
1995	12,634	31,218	0.29%
2000	27,231	67,287	0.62%
2005	35,266	87,142	0.81%

Decentralisation Programme.

Catherine Murphy

Question:

61 Ms C. Murphy asked the Minister for Agriculture and Food the issues that arose in relation to the risk analysis conducted in the context of the decentralisation programme; the way in which these have or will be overcome; and if she will make a statement on the matter. [18696/06]

Minister for Agriculture and Food (Mary Coughlan)

Most of my Department's schemes, services and other operations are complex, have a high financial exposure and relate to critical functions in respect of food safety, animal health and farm support. The Risk Assessment and Management memorandum on decentralisation produced by my Department is comprehensive in setting out the risks identified so far and the consequences of each and the actions required to mitigate those risks.

My Department's internal Decentralisation Implementation Committee meets regularly to direct the overall programme and keeps all aspects, including risk analysis and management, under review.

Food Labelling.

Richard Bruton

Question:

62 Mr. Bruton asked the Minister for Agriculture and Food if the voluntary code for country of origin labelling within the catering trade has been successful; and if she will make a statement on the matter. [18819/06]

Minister for Agriculture and Food (Mary Coughlan)

The general food labelling legislation comes within the remit of the Department of Health & Children. My Department has responsibility for specific labelling regulations such as the labelling of beef. It is governed by comprehensive EU regulations that were introduced in 2000 and is underpinned by a full national cattle identification and traceability system. However, these labelling requirements only apply as far as retail level. Primary legislation to allow for the extension of these regulations to the catering sector was enacted by the Oireachtas in March 2006 by way of an amendment to the Health Act 1947. Following consultation with the FSAI, my Department has submitted the necessary draft Beef Regulations to the Department of Health and Children. It is expected that the Regulations will be in place this summer.

The amended Heath Act 1947 will also facilitate the extension of country of origin labelling to all meats including poultrymeat. The EU Commission, however, is opposed to Member States introducing legislation on compulsory labelling that is over and above the common EU requirement. There would also be serious challenges in the implementation and enforcement of national legislation in the absence of harmonised EU provisions due to such factors as the amount of processing and repackaging operations that poultry in particular may be subjected to before arrival in this country. Therefore, the preferable way forward is that the EU Commission would progress the question of origin labelling of poultry. I have raised this issue with Commissioner Kyprianou and am taking every opportunity to press for progress on the matter. I will also raise this matter in the context of the current EU review of food labelling.

It is my intention that if no action is taken at EU level, I will put forward proposals for the extension of country of origin labelling on all meats at retail and catering levels here and to submit such proposals for EU approval.

Pending completion of the Regulations, the bodies representing the hotels, restaurants and vintners agreed to recommend to their members to provide country of origin information on a voluntary basis in respect of the beef served in their premises. An assessment of the effect of this voluntary action has not been carried out. In any event, the introduction of the mandatory requirements which will be enforced by FSAI, are now at an advanced stage and are expected to be in place this summer.

Question No. 63 answered with QuestionNo. 38.

Animal Welfare.

Olivia Mitchell

Question:

64 Ms O. Mitchell asked the Minister for Agriculture and Food the number of animal welfare officers here; the steps she is taking to ensure good animal welfare; and if she will make a statement on the matter. [18771/06]

Jim O'Keeffe

Question:

80 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the number of animal welfare officers here; the funding provided by her Department to the ISPCA; and if she will make a statement on the matter. [18770/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 64 and 80 together.

My Department has certain statutory responsibility for the welfare and protection of farmed animals. The legislation governing this is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Protection of Animals Kept for Farming Purposes) Regulations, 2000. In addition there is specific legislation in relation to pigs, calves and laying hens.

Welfare cases which come to notice are dealt with, generally, by officers based in my Department's District Veterinary Offices. These officers deal with the implementation of animal welfare legislation as well as having responsibilities in a wide number of other areas related to animal health, disease control etc. I am satisfied that the resources available within my Department are sufficient to deal with such cases and to provide a high standard of animal welfare.

In 2004 the Farm Animal Welfare Advisory Council (FAWAC) developed an Early Warning/Intervention System (EWS) for dealing with animal welfare cases involving my Department, Irish Farmers' Association and the Irish Society for the Prevention of Cruelty of Animals. The objective of the system is to provide a framework within which farm animal welfare problems can be identified before they become critical or overwhelming. The new system allows for concerned individuals to approach their local IFA representatives, their local SPCA or my Department in the knowledge that the matter will thereafter be dealt with in the most effective, timely and sensitive manner.

In addition to the foregoing, my Department makes ex-gratia payments annually to organisations, including the ISPCA, involved in the direct delivery of animal care and welfare services to assist in their on-going work. To date we have provided a total of €5.97 million to such bodies, some €1.2m of which was paid to 86 organisations in December last to assist them during 2006. A provision of €1.1m for this purpose is included in my Department's Estimates for 2006 and applications will be invited later this year for payments in respect of 2007. A figure of approximately €543,000 has been paid to date to the ISPCA and affiliated branches.

The main statutes governing cruelty to animals in this country are the Protection of Animals Acts 1911 and 1965. Responsibility for pursuing complaints under that legislation rests with An Garda Síochána who may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an act of cruelty against an animal. Officers of my Department are regularly involved in assisting the Garda in such cases.

EU Directives.

Kathleen Lynch

Question:

65 Ms Lynch asked the Minister for Agriculture and Food if her Department has determined the lessons which should be learned from the reason the European Court of Justice was able to find Ireland in breach of so many different parts of the Nitrates Directive; if so, the lessons which were learned; and the way in which they are being internalised by her Department in the treatment of other EU Directives. [18881/06]

Minister for Agriculture and Food (Mary Coughlan)

The implementation of the Nitrates Directive is a matter for the Department of the Environment, Heritage and Local Government.

The European Court of Justice delivered a judgment in March 2004 that Ireland was non-compliant with the Nitrates Directive by reason mainly of failing to establish and implement an Action Programme to protect waters against pollution by farming. The establishment of an Action Programme requires (a) the development of a programme of measures to be taken, and (b) the enactment of appropriate legislation to give statutory effect to the programme. The judgement against Ireland is part of a pattern of judgements made by the Court against a number of Member States on this issue. The Action Programme and Regulations introduced by the Minister for the Environment, Heritage and Local Government, in consultation with my Department, have been designed to address the issues identified in the European Court judgement against Ireland.

Official Engagements.

Liz McManus

Question:

66 Ms McManus asked the Minister for Agriculture and Food the names of all the people and their organisations who accompanied her on her recent visit to the United States; the outcome of the discussions that took place and with whom; and if she will make a statement on the matter. [18887/06]

Minister for Agriculture and Food (Mary Coughlan)

I travelled to the United States on a food business development visit from 28th April to 7th May organised by Enterprise Ireland. I was accompanied from Ireland by the Secretary General of my Department, my Departmental Private Secretary, the Executive Director of Enterprise Ireland and the Manager of the Food and Consumer Division of Enterprise Ireland. In the US I was joined by the Senior Vice President of Food Research and Innovation of Enterprise Ireland (New York) and the First Secretary at the Irish Embassy in Washington D.C. with responsibility for Agriculture and Food.

The purpose of the visit was to secure foreign direct investment in the Irish food industry from the US and to establish food innovation & research networks between the U.S. and Ireland. I had a series of meetings with top-level management in a number of major U.S. companies and research institutions including Glanbia, Altech, Abbot Nutrition, Kerry Foods and University of California (Davis). I also met with top management in Brown Foreman and D.D. Williamson, both of which are US-based companies with substantial operations in Ireland.

While in Washington D.C., I met with the U.S. Deputy Secretary of Agriculture, Charles Conner; the Chair of the Senate Committee on Agriculture, Nutrition and Forestry, Senator Saxby Chambliss as well as the Chair of the House Agriculture Committee, Congressman Bob Goodlatte. I also met with Congressman Collin Peterson. The issues discussed at these meetings included the situation in the agriculture and food industry in Ireland, the E.U. and the U.S., current policy developments and, in particular, the on-going negotiations on the new W.T.O. round.

In my discussions, I outlined the effect of the on-going CAP reforms, including decoupling and the introduction of the Single Farm Payment. The U.S. side, in turn, indicated its assessment of the possibilities for policy change in the next U.S. Farm Bill. There was also a useful exchange of views on the W.T.O. and the issues arising in the Doha Round.

In discussions with U.S. political figures I also raised other issues, notably the situation of undocumented Irish immigrants and I used the opportunity to outline the position of the Irish Government on the need to find an acceptable and early resolution.

Question No. 67 answered with QuestionNo. 42.

Beef Imports.

Paul Kehoe

Question:

68 Mr. Kehoe asked the Minister for Agriculture and Food if she is satisfied regarding Brazilian beef imports; and if she will make a statement on the matter. [18795/06]

Minister for Agriculture and Food (Mary Coughlan)

As a member of the EU and the World Trade Organisation (WTO) Ireland is in a position to avail of opportunities for trade that are essential for the development of our open economy. Membership of these organizations also brings reciprocal trade obligations. All such imports must come from third countries or areas of third countries that have been approved by the EU authorities for export to the EU.

In the current WTO discussions in the Council, I have always pressed very strongly the non-trade aspect of market access, which I regard as a crucial element in the overall negotiations. I will be doing so again on Monday next when WTO will be discussed in the Council and will be reminding the Commission once again of the importance of equivalence in standards, particularly in relation to all exporting countries, including Brazil.

I fully support the policy that animal products imported into the EU from Third Countries meet standards at least equivalent to those required for production in, and trade between, EU Member States. In this context I contacted the Commissioner for Health and Consumer Protection, Mr. Markos Kyprianou concerning the sanitary rules applying to the import of livestock products, especially beef, into the European Union.

The Commissioner pointed out that, with respect to traceability and controls of residues of veterinary medicines, the purpose of EU legislation is not to impose on exporting third countries a system of guarantees that is equal to the EU system, but that the exporting country provides guarantees that are equivalent to the standards applied in the EU.

The Commissioner indicated his service is committed to protect the health of European Consumers and European Livestock. Adoption of safeguard measures in relation to imports, for example in the matter of dealing with the risk to the EU of the spread of high pathogenic avian influenza, in the finding of residues of unauthorised substances in poultry meat and in the quick and proportionate protective measures applied to imports of beef as a result of the recent outbreaks of Foot and Mouth Disease (FMD) demonstrate the Commission's primary objective of maintaining the high sanitary status of the Community and respecting the EU's commitment under the WTO Agreement on Sanitary and Phytosanitary Measures (SPS agreement).

The Commissioner has assured me that the Commission will not hesitate to take the appropriate protection measures if a product, imported from a third country or produced in the domestic market represents a risk for the health of EC consumers, livestock or plants.

A EU Food and Veterinary Office (FVO) inspection to evaluate animal health and public health control systems, traceability and certification procedures in place in Brazil was carried out in September of last year. The FVO recently published its findings following a period of consultation with the Brazilian competent authorities and the review of action plans that have been submitted by the Brazilian Authorities to the Commission. This report, as well as all previous FVO reports on inspection of third countries' controls for export, may be accessed from the EU Commission's website.

While the report comments on a general improvement in the structure, organisation and tasks of the Brazilian Competent Authorities it has listed a number of recommendations to the authorities to address deficiencies that were recorded in the course of its audit. The Brazilian Authorities have undertaken to submit an Action Plan in response to these recommendations and my Department will continue to monitor the position.

My Department is seeking assurances from the Commission that the FVO will undertake further missions to Brazil to evaluate the implementation of its action plan. At a recent meeting of the Standing Committee on the Food Chain and Animal Health where the matter was again raised by Ireland, the Commission indicated to Ireland that a FVO mission is being planned to take place some time before the end of the summer.

In the meantime additional health certification requirements have been introduced for imported beef from Brazil under Commission Decision 2006/259/EC requiring guarantees concerning animal contacts, vaccination programmes and surveillance. These certification provisions took effect from 31 March 2006 and they are checked by the EU approved Border Inspection Posts through which all 3rd country imports must first be submitted.

Question No. 69 answered with QuestionNo. 40.

Dairy Sector.

Dan Neville

Question:

70 Mr. Neville asked the Minister for Agriculture and Food the discussions she has had at EU level to protect dairy supports; and if she will make a statement on the matter. [18787/06]

Minister for Agriculture and Food (Mary Coughlan)

The Irish dairy industry continues to contribute very substantially to the national economy, with an annual output value of some €2.3 billion. Last year Irish dairy exports performed exceptionally well totalling €2 billion, despite downward adjustments to EU market supports brought about by the implementation of the Luxembourg Agreement on the reform of the CAP.

A loss of competitiveness on world markets caused by greater competition and the strengthening of the Euro against the US dollar (now at €1/$1.29) have meant that 2006 is proving to be a more challenging year for the industry. Recent increases in the export refunds for butter and WMP are a very welcome development but the value of these increases has been eroded by market and exchange rate factors. Moreover the EU Commission continues pushing the internal market prices of dairy products downward to the Mid Term Reform levels through the market management measures.

When the Commission moved aggressively to reduce internal aids and export subsidies to the new intervention price levels last year, which caused a high degree of volatility, I very strongly resisted and pressed the Commissioner at the Council of Ministers to redirect policy and restore market stability. With the support of other Ministers I succeeded in having the market for the remainder of 2005 stabilised and market competitiveness restored. As we move towards the further agreed intervention price reductions next July I will continue to emphasise the need for stability on the market. Indeed I have frequently raised this matter with the Commissioner bilaterally, most recently last week, and she is fully aware of my view that market stability is essential to allow the dairy industry time to adjust to the current market realities and adapt their business strategies accordingly.

Question No. 71 answered with QuestionNo. 49.

Question No. 72 answered with QuestionNo. 42.

EU Directives.

Paul Connaughton

Question:

73 Mr. Connaughton asked the Minister for Agriculture and Food the status of the Nitrates Directive; and if she will make a statement on the matter. [18785/06]

Minister for Agriculture and Food (Mary Coughlan)

The implementation of the Nitrates Directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. In December, the Minister made Regulations giving legal effect to Ireland's National Action Programme under the Nitrates Directive. These Regulations were finalised following difficult negotiations between the European Commission and officials of the Department of the Environment, Heritage and Local Government and the Department of Agriculture and Food.

In January, the Minister for the Environment, Heritage and Local Government announced a short de facto deferral of Part 3 of the Regulations, which covers nutrient management. This was to allow Teagasc to submit revised advice in relation to phosphorus limits. In March Teagasc provided a detailed submission which dealt with phosphorus and also with other aspects of the Regulations. Officials of the two Departments and representatives from Teagasc met the Commission on 22 March where the Teagasc experts were given the opportunity to present the revised scientific advice and to clarify certain aspects.

The Commission did not offer any definitive conclusions on the new advice at that meeting, but indicated that it was up to Ireland to make proposals for changes in the Regulations. In this connection, officials of the two Departments and senior Teagasc personnel have since had detailed technical discussions on the main elements of the Teagasc submission. I and my officials have maintained close contact with the Minister for the Environment, Heritage and Local Government and his staff in considering the changes in the Regulations. This work has progressed well and I understand that Minister Roche is now about to send his proposals for changes to the Commission.

The Commission's agreement will be required for any changes but I am satisfied that they are open to arguments that are scientifically robust. The Minister for the Environment, Heritage and Local Government and I will continue to work together to bring this matter to a conclusion and at the same time create the conditions for the negotiations on a derogation, which is vital to a large number of more intensive farmers to proceed.

Food Industry.

Dan Boyle

Question:

74 Mr. Boyle asked the Minister for Agriculture and Food if she will explain the potential in the speciality food sector following her statement on 11 May 2006; and the way in which the Government can be of assistance to the speciality food sector which wants Ireland declared a genetically modified organism free island with regard to seed, crop and food generally. [18752/06]

Minister for Agriculture and Food (Mary Coughlan)

The regional and speciality food sector is worth approximately €475 million in Ireland and is growing at an annual rate of 10%. This expanding sector accounts for over 300 small food enterprises, distributed throughout the country, and producing a diverse range of products including farmhouse dairy, meat, fish, horticulture, confectionery, bakery and prepared foods.

International research indicates that the speciality food and drink sector will be worth around €97 billion in Europe and the USA by 2009. According to the Boston Consulting Group, the luxury food market is growing at a rate of 15% annually. Recent research conducted by Teagasc, in conjunction with Bord Bia, shows that issues of taste, variety, authenticity, provenance, and indulgence are driving demand in this market.

In Ireland, the speciality food market is also influenced by a number of socioeconomic factors such as increased affluence, growing ethnic diversity of our population and the proliferation of food and cookery items in the media. Food Tourism is also gaining momentum internationally and providing alternative marketing opportunities for speciality foods.

I am committed to supporting and further developing this sector in Ireland. I was particularly pleased to open "Bord Bia's 3rd International Speciality Food Forum" in the Royal Hospital, Kilmainham last week. This event aimed to support and enhance speciality food sales by bringing together 85 food producers from Ireland, north and south, with 150 buyers from Ireland, the UK, France and Germany. It is expected to result in additional sales of approximately €3 million in the next 18 months and the establishment of important long term trading links.

Bord Bia, which operates under the aegis of my Department, is establishing a 'Centre of Excellence' focused on servicing the market development related needs of small, regional and speciality food producers. My Department and Bord Bia are also organising a series of regional food events aimed at facilitating greater interaction between all of the stakeholders in the speciality and regional food sector, particularly producers and support agencies.

There are now over 100 farmers markets operating throughout the country at present, providing an important route to market for speciality food producers. Bord Bia is working closely with State and local agencies to exploit the growing opportunities presented by these markets for local, regional and speciality food producers. In addition to providing a range of support services for farmers markets including advice and mentoring assistance, Bord Bia has also published a comprehensive information guide on the running and operation of these markets.

Earlier this year, the Bord Bia/OPW farmer's markets programme for 2006 was launched. This is a new and significant extension of the very successful 'Food at Farmleigh' programme, with five regional Heritage sites selected for one-day Food Market events. The programme will take place in Cork, Wexford, Kildare, Donegal and Laois and result in considerable exposure for speciality food producers.

As regards the cultivation of GM crops, EU legislation adopted by the European Parliament and the Council and which is binding on all Member States, specifically prohibits the unilateral declaration of a GM free country. However, there is a safeguard clause where if a Member State has detailed grounds, on the basis of scientific evidence that a GMO constitutes a risk to human health or the environment, then that Member State may provisionally restrict or prohibit the growing of that GM crop in its territory or in any region of its territory. The Commission must then be immediately informed and it will decide within sixty days if the ban is scientifically based. There is also the possibility for producers to voluntarily decide not to cultivate GMO's in a region.

Question No. 75 answered with QuestionNo. 42.

Question No. 76 answered with QuestionNo. 38.

Genetically Modified Organisms.

Eamon Gilmore

Question:

77 Mr. Gilmore asked the Minister for Agriculture and Food when the Government intends to draft legislation on the co-existence of genetically modified crops with conventional and organic farming; when she expects to be in a position to bring such legislation before the Houses of the Oireachtas; the research and consultation that has been conducted by her Department in relation to genetically modified crops; and her views on genetically modified organisms co-existence with conventional and organic farming. [16473/06]

Minister for Agriculture and Food (Mary Coughlan)

In 2003 my Department established an interdepartmental/interagency Working Group to identify the issues and implications for Ireland of the cultivation of GM crops and to develop proposals for a national strategy and best practices. The Working Group completed its work in December last and a public consultation process has just been completed. I am in the process of considering the observations received in conjunction with the recommendations made in the Report and I hope to be in a position to bring forward some draft legislation on strategies and procedures to facilitate coexistence of GM and non GM crops by the end of the year.

Teagasc has an ongoing programme of research that investigates the potential risks and benefits associated with the growing of GM crops in Ireland. In addition arising from the publication of a recent call under my Department's competitive research Stimulus Programme a number of collaborative research proposals relating to genetically modified crops have been received from the Universities and Teagasc. These are currently being evaluated with a view to funding.

Animal Diseases.

Pat Rabbitte

Question:

78 Mr. Rabbitte asked the Minister for Agriculture and Food if her Department was informed by the UK authorities regarding a recent anthrax outbreak on a farm in South Wales; the number of suspected cases of anthrax her Department has investigated during each of the past ten years; if any were confirmed; the anthrax outbreak contingency plan her Department has; if she will provide this Deputy with a copy of same; and if she will make a statement on the matter. [18884/06]

Minister for Agriculture and Food (Mary Coughlan)

My Department has been aware for some time that, following the death of five cows on a farm in South Wales, tests revealed that two of the cows tested positive for anthrax. I am satisfied that the measures employed by the Welsh authorities in relation to the disposal of the cattle and the fact that no cattle had been sent from the farm in question for the food chain for almost 12 months eliminates any risk of introduction of the disease into Ireland from this particular incident.

The last incidence of anthrax arose in December 1970 on two adjoining farms in Co. Limerick, resulting in the death of five cattle. These premises were placed under the normal restrictions and the usual precautions were taken including the disposal of the animals on site. There was no further spread of the disease. My Department does not keep statistics in relation to the investigation of suspect cases.

Anthrax is classified as a Class A Disease under the Diseases of Animals Act 1966. The Act requires that any suspect case is immediately notified to my Department and provides for the compulsory slaughter of any infected animals and their immediate and appropriate disposal. I am satisfied that the measures currently available under the legislation are sufficient to ensure that an outbreak of anthrax would be dealt with appropriately without the need for a dedicated contingency plan given the rarity of the disease in Ireland.

Question No. 79 answered with QuestionNo. 49.

Question No. 80 answered with QuestionNo. 64.

Animal Cruelty.

Fergus O'Dowd

Question:

81 Mr. O’Dowd asked the Minister for Agriculture and Food further to Parliamentary Question No. 124 of 4 October 2005, the steps she intends to take regarding the issue; and if she will make a statement on the matter. [18814/06]

Fergus O'Dowd

Question:

98 Mr. O’Dowd asked the Minister for Agriculture and Food further to Parliamentary Question No. 162 of 23 June 2005, the steps she intends to take regarding the issue; and if she will make a statement on the matter. [18815/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 81 and 98 together.

I have outlined in detail to the House on a number of occasions and most recently on 29 March 2006, the circumstances surrounding this unusual case. In view of the fact that the matter is sub judice and is in fact scheduled to come before the Courts on 29 May, I do not propose to comment any further on the case at this stage.

Importation of Bees.

Brian O'Shea

Question:

82 Mr. O’Shea asked the Minister for Agriculture and Food if her attention has been drawn to the fact whether or not bees are being imported here; if so, the locations from where they are being imported; the safeguards which are in place to ensure foreign diseases are not being introduced into the State’s bee population; and if she will make a statement on the matter. [18871/06]

Minister for Agriculture and Food (Mary Coughlan)

The importation of bees into Ireland is prohibited under the Bees (Regulation of Import) Order 1980, except under licence issued by the Minister for Agriculture and Food. Such licences, may be subject to conditions relating to origin, place of export and import, and disposal. No licences have been issued recently.

In accordance with EU legislation, imports of bees may be authorized from third countries only if they meet certain conditions in relation to American foulbrood, small hive beetle (Aethina tumida) and Tropilaelaps spp. Imports of bees from other EU Member States are also subject to conditions in relation to these diseases. The small hive beetle (Aethina tumida) and Tropilaelaps spp were added to the list of Community notifiable diseases in 2004.

Question No. 83 answered with QuestionNo. 43.

Food Safety.

Bernard J. Durkan

Question:

84 Mr. Durkan asked the Minister for Agriculture and Food the way in which it is intended to maintain food supply with hygiene and traceability standards throughout the European Union in the future in view of World Trade Organisation and CAP reform; if, further to the statement by the EU Commissioner, EU farmers will have to find alternatives; the way in which the five hundred million population of the European Union can rely on continuity of food supply; if EU Member States are resorting to subsidisation; and if she will make a statement on the matter. [18820/06]

Minister for Agriculture and Food (Mary Coughlan)

The European model of agriculture, which is enshrined in the Common Agricultural Policy, is based on maintaining competitive, multifunctional and sustainable farming dispersed throughout the Union while one of the core principles of the CAP is to assure the availability of supply. The EU ensures the highest standards of hygiene and traceability throughout the food chain through a range of food safety, consumer protection, veterinary and environmental legislation and other requirements. These policies are, and will continue to be, supported by substantial funding for the CAP and rural development. Funding for the period to 2013 was agreed in the decision on the Financial Perspective 2007-3013 at the European Council in December 2005. I am satisfied that the CAP as it has evolved following successive reforms is reflected in the EU's negotiating mandate, as agreed by the Council of Ministers, for the current WTO negotiations. The EU mandate provides that the terms of a new WTO agreement will not undermine these reforms or require a further reform of the CAP.

A key component of the most recent CAP reform was the introduction of decoupled support payments to farmers which are no longer linked to production. The new Single Farm Payment means that, for the future, farmers are 'free to farm' subject to the cross-compliance requirements which require that land must be kept in good agricultural condition and environmental and animal welfare conditions must be respected. Farmers' production choices will, for the future, be determined by what the market wants rather than by the range of subsidies on offer. In those circumstances, farmers may decide to diversify rather than continue with traditional enterprises. The development of, and investments in, the agriculture and food sectors are government by the terms of the CAP and rural development policy and by strict State Aid rules which apply equally throughout the Union which together are designed to prevent the re-nationalisation of the CAP and distortion of trade or competition.

Bovine Diseases.

John Deasy

Question:

85 Mr. Deasy asked the Minister for Agriculture and Food her plans to review the tuberculosis eradication programme; and if she will make a statement on the matter. [18773/06]

Minister for Agriculture and Food (Mary Coughlan)

The overall national strategy for the eradication of TB provides for a comprehensive range of measures, including the mandatory annual testing for all cattle in the national herd, the early removal of reactors, a wildlife programme involving the targeted removal of badgers where they are implicated in a TB outbreak, the use of the gamma Interferon test in problem herds as an adjunct to the tuberculin test and the depopulation of infected herds where the level or duration of infection indicates that this is necessary to clear the herd and/or protect the neighbourhood.

In addition, my Department also provides advice to farmers in relation to bio-security against TB infection such as maintaining satisfactory stock-proof boundary fencing, avoiding contact with other herds, exercising care in buying-cattle and ensuring that only recently tested animals are allowed move onto the farm. The ERAD compensation schemes are designed to encourage good bio-security practices and breaches of the various animal disease, welfare and identification regulations are prosecuted.

The present eradication programme is scientifically based and is kept under constant review, as evidenced by the changes that have occurred in recent times. Such recent changes include a more focused contiguous herd testing policy and greater use of the ancillary gamma interferon blood test in target herds. On the technology side, new and enhanced computer systems have been developed including an individual bovine animal unique identification and passport system, a computerised movement monitoring system for bovine animals (CMMS) and an animal health computer system (AHCS).

In addition, in view of the recognition that the incidence of the disease in wildlife is a major impediment to eradication of the disease, the current eradication scheme contains a significant wildlife strategy aimed at removing badgers in adjacent areas where they are implicated in tuberculosis breakdowns and which is implemented under licence from and in co-operation with the Department of the Environment and Local Government.

These measures have improved the effectiveness of the programme as evidenced by a significant reduction in the incidence of the disease from 4.2 reactors per thousand in 1998 to 2.9 in 2005. The 2005 TB eradication programme was completed with 97% of the 123,322 cattle herds tested within the twelve-month period. A total of approximately 6.5 million animals were subject to at least one test within twelve months and approximately 9 million animal tests were carried out.

My Department will continue to monitor and review the effectiveness and efficiency of the programme on an on-going basis with a view to the eventual eradication of the disease. In this context, in the short-term, notwithstanding the fact that the existing wildlife strategy has contributed to a reduction in the incidence of bovine TB, it is accepted that the development of a vaccine for badgers is a prerequisite if eradication of tuberculosis from the cattle population is to be achieved. My Department plans to commence a large-scale field trial of BCG in badgers in the near future to test the efficacy of a vaccine. However, any vaccine will not be available in the immediate future and the existing strategy will remain in place for some time. In the meantime, the existing programme, updated as appropriate in light of developments, will remain in place.

Trade in Horses.

Breeda Moynihan-Cronin

Question:

86 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food her views on introducing a minimum value rule for the export of horses from here to the continent along the lines of that which applies to the export of horses from the UK to continental Europe; the number of horses which were exported from here during each of the past five years to continental Europe; the number of horses which were imported from the United Kingdom during each of the past five years; and if she will make a statement on the matter. [18874/06]

Minister for Agriculture and Food (Mary Coughlan)

The minimum value rules referred to by the Deputy, which are implemented in the UK are supplementary to European rules, which govern the trade in horses between Member States and prescribe the health conditions and certification to be applied to such animals. My Department implements EU laws regarding the trade of horses between Member States and I have no plans, at present, of going beyond these.

As I have indicated previously, Ireland does not specifically certify horses for slaughter as health certificates do not distinguish this as a purpose of export. All export health certificates issued by the Department are in respect of animals for breeding, racing, show jumping etc. It should however be noted that trade in horses for slaughter is covered by relevant EU regulations and is, subject to compliance with animal health and welfare legislation, a legitimate trade.

Ireland is also party to a tri-lateral agreement with the UK and France under which trade in all horses with the UK and in registered horses to France takes place without health certification, on the basis of equivalent health status in the equine sectors in these countries. Statistics are not normally kept in relation to these movements. Such horses must, however, be individually identified by a passport or a current signed marking sheet.

Details in relation to exports of horses for which statistics are kept are as follows:

2001	4,764
2002	2,837
2003	2,588
2004	2,025
2005	1,917
2006 (to date)	353

The significantly higher figure for 2001 is due to the fact that the tripartite agreement was suspended for the duration of the foot and mouth crisis and all horses travelling to the UK and France had to be certified in the same way as horses going to other European countries.

General welfare rules apply to the export of horses. All consignments of certified horses and a random sample of horses exported under the tripartite arrangements are subjected to welfare checks by veterinary inspectors at ports to ensure that they are fit for the journey intended and a certificate is issued.

Genetically Modified Organisms.

Enda Kenny

Question:

87 Mr. Kenny asked the Minister for Agriculture and Food her position on the release of genetically modified potatoes; and if she will make a statement on the matter. [18809/06]

Minister for Agriculture and Food (Mary Coughlan)

The adjudication of applications for field trials of GM crops is a function assigned to the Environmental Protection Agency, as the competent authority for the purposes of Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms; which is transposed into Irish law by the Genetically Modified Organisms (Deliberate Release) Regulations 2003. The conditions set out in the consent granted by the EPA are designed to minimise the possible risks of adventitious contamination of certified seed and ware potato crops in the surrounding area.

EU Directives.

Liam Twomey

Question:

88 Dr. Twomey asked the Minister for Agriculture and Food the status of Ireland’s application for a derogation under the Nitrates Directive; and if she will make a statement on the matter. [18802/06]

Minister for Agriculture and Food (Mary Coughlan)

The implementation of the Nitrates Directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. In December, the Minister made Regulations giving legal effect to Ireland's National Action Programme under the Nitrates Directive. These Regulations were finalised following difficult negotiations between the European Commission and officials of the Department of the Environment, Heritage and Local Government and the Department of Agriculture and Food.

In January, the Minister for the Environment, Heritage and Local Government announced a short de facto deferral of Part 3 of the Regulations, which covers nutrient management. This was to allow Teagasc to submit revised advice in relation to phosphorus limits. In March Teagasc provided a detailed submission which dealt with phosphorus and also with other aspects of the Regulations. Officials of the two Departments and representatives from Teagasc met the Commission on 22 March where the Teagasc experts were given the opportunity to present the revised scientific advice and to clarify certain aspects.

The Commission did not offer any definitive conclusions on the new advice at that meeting, but indicated that it was up to Ireland to make proposals for changes in the Regulations. In this connection, officials of the two Departments and senior Teagasc personnel have since had detailed technical discussions on the main elements of the Teagasc submission. I and my officials have maintained close contact with the Minister for the Environment, Heritage and Local Government and his staff in considering the changes in the Regulations. This work has progressed well and I understand that Minister Roche is now about to send his proposals for changes to the Commission.

The Commission's agreement will be required for any changes but I am satisfied that they are open to arguments that are scientifically robust. The Minister for the Environment, Heritage and Local Government and I will continue to work together to bring this matter to a conclusion and at the same time create the conditions for the negotiations on a derogation, which is vital to a large number of more intensive farmers, to proceed.

Damien English

Question:

89 Mr. English asked the Minister for Agriculture and Food her role to date on the implementation of the nitrates action plan; and if she will make a statement on the matter. [18780/06]

Minister for Agriculture and Food (Mary Coughlan)

The implementation of the Nitrates Directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. In December, the Minister made Regulations giving legal effect to Ireland's National Action Programme under the Nitrates Directive. These Regulations were finalised following difficult negotiations between the European Commission and officials of the Department of the Environment, Heritage and Local Government and the Department of Agriculture and Food.

In January, the Minister for the Environment, Heritage and Local Government announced a short de facto deferral of Part 3 of the Regulations, which covers nutrient management. This was to allow Teagasc to submit revised advice in relation to phosphorus limits. In March Teagasc provided a detailed submission which dealt with phosphorus and also with other aspects of the Regulations. Officials of the two Departments and representatives from Teagasc met the Commission on 22 March where the Teagasc experts were given the opportunity to present the revised scientific advice and to clarify certain aspects.

The Commission did not offer any definitive conclusions on the new advice at that meeting, but indicated that it was up to Ireland to make proposals for changes in the Regulations. In this connection, officials of the two Departments and senior Teagasc personnel have since had detailed technical discussions on the main elements of the Teagasc submission. I and my officials have maintained close contact with the Minister for the Environment, Heritage and Local Government and his staff in considering the changes in the Regulations. This work has progressed well and I understand that Minister Roche is now about to send his proposals for changes to the Commission.

The Commission's agreement will be required for any changes but I am satisfied that they are open to arguments that are scientifically robust. The Minister for the Environment, Heritage and Local Government and I will continue to work together to bring this matter to a conclusion and at the same time create the conditions for the negotiations on a derogation, which is vital to a large number of more intensive farmers to proceed.

Animal Diseases.

Simon Coveney

Question:

90 Mr. Coveney asked the Minister for Agriculture and Food the funding provided by her Department for the control of varroa in bees; the funding available to beekeepers to control the mite in question; and if she will make a statement on the matter. [18777/06]

Minister for Agriculture and Food (Mary Coughlan)

Funding for research into the control of Varroa in honey bees has been the main element of my Department's apiculture programme.

From 2002 to 2005, a total of €195,996 was provided to Teagasc towards the development of integrated biological control methods under Irish conditions. Expenditure of a further €150,000 has been approved for 2006 and 2007 for this research programme. The programme, which was drawn up in close collaboration with the Federation of Irish Beekeepers Associations, is aimed at devising an integrated management strategy involving the use of chemical and biotechnical methods and the deployment of Varroa resistant bees. The programme is 50% co-funded by the EU. No funding is provided to individual beekeepers.

My Department has also given financial support towards updating the Teagasc booklet entitled 'The Varroa Mite in honeybees'. This publication provides useful reference material for beekeepers on Varroa detection, monitoring, control and treatment.

Importation of Birds.

Damien English

Question:

91 Mr. English asked the Minister for Agriculture and Food if her attention has been drawn to the import of exotic birds into this country via Rosslare Port on Good Friday 2006; and if she will make a statement on the matter. [18765/06]

Minister for Agriculture and Food (Mary Coughlan)

On Friday 14th April 2006, a consignment of hobby birds was imported through Rosslare Port to a registered importer. The consignment in question originated in another Member State (the Netherlands) and, accordingly, is subject to intra-community trade rules, which does not include a quarantine requirement.

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 for export by the competent authority of the country of origin 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 to this effect completed and signed by the owner of the hobby birds on the day of movement; 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 for 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 declaration and my Department was not given the advance notice of the importation by the importer, though the TRACES (animal movement) message was despatched by the competent authority of the exporting country on 13th April. 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.

Limited anonymous information about the importation was received by my Department on Thursday 13th April and this information was passed to my Department's Office at Rosslare. Similar anonymous information was received by the Customs & 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.

Veterinary officials of my Department met the importer at his premises, on 24 April 2006. All of the documentation provided by the importer associated with this particular consignment was in order. The official documentation, including the Health Certificate (signed by an official veterinarian in the Member State of origin) and the details provided in the official TRACES notification issued by the competent authority in the exporting Member State, received separately by my Department, was consistent with the birds present on the importer's premises who were all in good health with no animal welfare or animal disease issues arising.

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.

It must be noted that the Department of Agriculture is precluded by EU rules from inspecting all import consignments; rather a spot-check regime is in place based on risk assessment for disease purposes. The official quarantine of birds is only relevant for those birds originating in Third Countries and there is currently an EU ban in place on such imports. The Department does, though, have access to an approved quarantine facility in Co. Mayo, should one be required.

As these hobby birds were bred in captivity in an EU Member State and were certified as originating from a registered export premises in that country and being free from Newcastle Disease and Avian Influenza, the question of testing for contagious diseases does not arise.

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 being more prevalent in wild birds whose entry cannot be controlled or certified.

On the basis of the enquiries made by officials of my Department, I do not intend to take any further action in relation to the importation of this particular consignment. Specifically, the issues of recovering and quarantining the birds in question do not arise and, given the involvement of competent authorities in authenticating accompanying documentation, including health certificates and TRACES messages, and the checks in place, I am satisfied that appropriate procedures are in place to substantiate the authenticity of any relevant documentation.

Farm Retirement Scheme.

Jimmy Deenihan

Question:

92 Mr. Deenihan asked the Minister for Agriculture and Food when she intends to introduce a revised early farm retirement scheme; and if she will make a statement on the matter. [18557/06]

Minister for Agriculture and Food (Mary Coughlan)

The EU Council Regulation covering the current Early Retirement Scheme will expire in December 2006. The Council Regulation on Rural Development for the period from 2007 to 2013 includes provision for member States to operate several schemes, including an Early Retirement Scheme, and lays down the maximum pension which may be paid under any such Early Retirement Scheme. No decisions have yet been taken regarding which schemes will be operated in Ireland under this Regulation, nor has the format of any such schemes been decided.

Question No. 93 answered with QuestionNo. 44.

Food Labelling.

Ciarán Cuffe

Question:

94 Mr. Cuffe asked the Minister for Agriculture and Food the progress to bring about a national label to improve the customer recognition and marketing of Irish organic produce. [18755/06]

Minister for Agriculture and Food (Mary Coughlan)

The Report of the Organic Development Committee in 2002 recommended a national label for Irish organic food. The National Steering Group took up this recommendation for the Development of the Organic Sector. After some consideration, they concluded that the idea of a single national label for organic produce should be put on hold for now. There is not yet a consensus among stakeholders about what such a label should signify. The Steering Group also noted that the European Action Plan for Organic Food and Farming includes proposals for a EU information campaign, which will no doubt be aimed at raising consumers' awareness of organic food.

The Steering Group concluded that it was not practical at present to go ahead with an Irish national label for organic produce, and advised me accordingly. I have accepted the Group's advice.

Mary Upton

Question:

95 Dr. Upton asked the Minister for Agriculture and Food the progress which has been made on the introduction of full labelling of all meat products; and if she will make a statement on the matter. [18868/06]

Minister for Agriculture and Food (Mary Coughlan)

The general food labelling legislation comes within the remit of the Department of Health & Children. My Department has responsibility for specific labelling regulations such as the labelling of beef. It is governed by comprehensive EU regulations that were introduced in 2000 and is underpinned by a full national cattle identification and traceability system. However, these labelling requirements only apply as far as retail level. Primary legislation to allow for the extension of these regulations to the catering sector was enacted by the Oireachtas in March 2006 by way of an amendment to the Health Act 1947. Following consultation with the FSAI, my Department has submitted the necessary draft Beef Regulations to the Department of Health and Children. It is expected that the Regulations will be in place this summer.

The amended Heath Act 1947 will also facilitate the extension of country of origin labelling to all meats including poultrymeat. The EU Commission, however, is opposed to Member States introducing legislation on compulsory labelling that is over and above the common EU requirement. There would also be serious challenges in the implementation and enforcement of national legislation in the absence of harmonised EU provisions due to such factors as the amount of processing and repackaging operations that poultry in particular may be subjected to before arrival in this country. Therefore, the preferable way forward is that the EU Commission would progress the question of origin labelling of poultry. I have raised this issue with Commissioner Kyprianou and am taking every opportunity to press for progress on the matter. I will also raise this matter in the context of the current EU review of food labelling.

It is my intention that if no action is taken at EU level, I will put forward proposals for the extension of country of origin labelling on all meats at retail and catering levels here and to submit such proposals for EU approval.

Question No. 96 answered with QuestionNo. 37.

Food Safety.

Eamon Ryan

Question:

97 Mr. Eamon Ryan asked the Minister for Agriculture and Food the tests which are carried out to monitor for traces of DDT on scallions imported here from Mexico. [18761/06]

Minister for Agriculture and Food (Mary Coughlan)

Under the service contract between my Department and the FSAI an annual monitoring programme for the control of pesticide residues in food is agreed. As part of the 2005 programme two samples of Mexican scallions/spring onions were analysed for residues of 148 different pesticides, including DDT. No DDT residue was detected in the samples analysed and the samples were fully compliant with pesticide residue legislation. No samples of Mexican scallions have been selected for pesticide residue analyses to date in 2006.

Question No. 98 answered with QuestionNo. 81.

Question No. 99 answered with QuestionNo. 44.

Question No. 100 answered with QuestionNo. 49.

Farm Safety.

Joe Sherlock

Question:

101 Mr. Sherlock asked the Minister for Agriculture and Food her views on the actions that can be taken to reduce the number of farm accidents; and if she will make a statement on the matter. [18865/06]

Minister for Agriculture and Food (Mary Coughlan)

I welcome the publication last week of the Annual Report 2005 of the Health and Safety Authority (HSA) which is the State Agency responsible for the promotion and enforcement of workplace health and safety in Ireland. Agriculture and forestry is one of a number of key sectors dealt with in the Report.

I particularly support the Strategic Alliance referred to in the Report between the HSA and Teagasc which aims to develop initiatives in support of farm safety including the development of the first Code of Practice for enterprises of three or less employees in farming and piloting of the code by means of short training courses and on farm evaluations. I was involved in the launch of this Strategic Alliance and, while the evaluation of the initiative is still ongoing, initial results show that:

—1400 farmers attended the courses in farm safety

—98% of the farmers that attended the course agreed that it was worthwhile and that the course should be made available to all farmers

—97% stated that the course would help them implement health and safety on their farms.

On farm evaluations are now taking place to assess the health and safety measures that farmers have adopted as a result of attending the course. I look forward to the outcome of these evaluations as a further contribution to farm safety.

Alternative Farm Enterprises.

Paul Nicholas Gogarty

Question:

102 Mr. Gogarty asked the Minister for Agriculture and Food her views on whether a premium of €100 per hectare is necessary to encourage farmers to produce oilseed rape following a statement by one farmer that he would require 700 acres to grow enough of the crop to earn a wage that would be equivalent to that of a livestock farmer, who in 2005 was reported to have needed 440 cattle on 300 acres of land to earn an average industrial wage. [18757/06]

Minister for Agriculture and Food (Mary Coughlan)

The production and utilisation of agricultural products for energy purposes can only be sustained in the longer term if biofuels generate a more favourable return than traditional market outlets. I am confident that the extension in the last Budget of excise relief of €205m which, when fully operational, will support the use and production of 163 million litres of biofuels annually, will help drive additional demand for the production of energy crops. The importance of biofuels and bioenergy is recognised in the AGRI Vision 2015 ACTION Plan and I will continue to work closely with my colleague the Minister for Communications Marine and Natural Resources to ensure that agriculture contributes to the development of biofuels as part of a coherent energy policy.

Support to farmers for the growing of energy crops may only be granted in accordance with EU regulations. Currently, such support is provided by way of the Energy Crops Scheme which was introduced under the reform of the CAP and which is administered by my Department. Under this scheme, energy crops may qualify for aid of €45 per hectare provided they are intended primarily for use in the production of biofuels and electric and thermal energy produced from biomass. In 2005, a total of 136 farmers participated in the scheme and, apart from a small area of short rotation coppice, the only crop grown was oilseed rape. In addition to this scheme, set aside land can be used for a variety of non-food uses including the growing of crops for energy purpose and will therefore qualify to activate set-aside entitlements under the Single Payment Scheme. The total area sown to oilseed rape in 2005 was 3,800 hectares and this is expected to increase substantially in 2006 due in part to the demand for the crop resulting from the excise duty relief introduced in 2005. I accept that the aid of €45 per hectare currently available under the Energy Crops Scheme has not proven to be sufficiently attractive in itself to stimulate the growing of such crops. For this reason at the February Council of Agriculture Ministers meeting I called for a review of the premium and I am pleased to say that the EU Commission has undertaken to review the operation of the scheme.

I should also mention that Teagasc, the State provider of research, advisory and training services to the farming community, is in a position to advise on the economics of cultivating energy crops. To complement the research work being done by Teagasc and others, my Department is now providing direct funding, on a competitive basis, to support priority research projects in relation to biofuels. This funding is channelled through the Department's Research Stimulus Fund Programme. Three of the projects selected under the 2005 call for proposals directly relate to biofuels and energy crops and received total grant assistance of some €0.9m. The funding available under the Programme has now been substantially increased and a further call for projects was issued earlier this year.

Genetically Modified Organisms.

Bernard Allen

Question:

103 Mr. Allen asked the Minister for Agriculture and Food her views on the approval of the Environmental Protection Agency to allow the growth of genetically modified potatoes in County Meath; and if she will make a statement on the matter. [18766/06]

Minister for Agriculture and Food (Mary Coughlan)

The adjudication of applications for field trials of GM crops is a function assigned to the Environmental Protection Agency, as the competent authority for the purposes of Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms; which is transposed into Irish law by the Genetically Modified Organisms (Deliberate Release) Regulations 2003. The conditions set out in the consent granted by the EPA are designed to minimise the possible risks of adventitious contamination of certified seed and ware potato crops in the surrounding area.

Question No. 104 answered with QuestionNo. 37.

Farm Costs.

Dan Boyle

Question:

105 Mr. Boyle asked the Minister for Agriculture and Food the way in which farming will have to change as fossil fuel costs rise sharply in response to the global peak in oil production making the cost of machinery and chemicals unaffordable in years to come. [18753/06]

Minister for Agriculture and Food (Mary Coughlan)

The cost of fuel and energy, driven by rising international prices, is an issue for all parts of the economy including the agricultural sector. The most recent data from the CSO Wholesale Price Index shows that the price of energy products rose by 10.9% in the twelve months to March 2006 with electricity rising by 7.1%, auto diesel by 11.4% and gas oil by 18.9%.

According to the Output, Input and Income Tables for agriculture, compiled by the CSO, energy and lubricants accounted for 7.8% of intermediate consumption for the sector in 2005. In addition energy costs may affect the price of other inputs such as fertilizer and contractor services. However, while significant, energy price increases are not the dominant factor in determining competitiveness in the sector. Rising energy input costs, and fluctuations in international prices, underline the importance of ensuring that all inputs are used efficiently.

Medical Cards.

Paul Kehoe

Question:

106 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in County Wexford is waiting for a renewal application for a medical card; the efforts which are being made to ensure same arrives before the medical card expires; and if she will make a statement on the matter. [18902/06]

Tánaiste and Minister for Health and Children (Ms Harney)

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

Nursing Home Subventions.

Gay Mitchell

Question:

107 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children the various measures and provisions available to assist the elderly with the cost of nursing homes in the form of subventions and other measures; the measures and schemes available to assist those elderly people to stay in their own homes for a group (details supplied) in Dublin 12; and if she will make a statement on the matter. [18903/06]

Minister of State at the Department of Health and Children (Mr. S. Power)

The Nursing Home (Subvention) Regulations, 1993 are administered by the Health Service Executive. There are currently three rates of subvention payable, i.e. €114.30, €152.40 and €190.50 for the three levels of dependency which are medium, high and maximum. There are no plans to increase the subvention rates at present.

The HSE has discretion to pay more than the maximum rate of subvention relative to an individual's level of dependency in a case, for example, where personal funds are exhausted. The application of these provisions in an individual case is a matter for the HSE in the context of meeting increasing demands for subvention, subject to the provisions of the Health Act, 2004. The average rate of subvention paid by the HSE generally exceeds the current approved basic rates. The supports paid by the HSE vary from person to person and region to region, depending on prices for example.

I wish to advise the Deputy that additional funding of €20 million was provided for the administration of the Nursing Home Subvention Scheme in 2006, bringing the total available budget to €161 million. The €20 million is to support more basic nursing home subventions and reduce waiting lists for enhanced subventions: it is also to bring more consistency to subventions support throughout the country.

This Government is committed to developing the various community and home support schemes with a view to enabling older people to remain living in their own homes and communities for as long as possible, in line with their expressed wishes. Additional funding for services for older people amounting to €150 million was allocated in the 2006 Budget. This is the largest ever increase in funding for services for older people and, reflecting the new emphasis on home and day care, almost three quarters of this funding is being committed to community care supports including, among other things, Home Care Packages, the Home Help Service, Sheltered Housing and Day/Respite Care.

Home care packages have been piloted successfully in several regions in recent years, with over 1,100 provided to people at the end of 2005. In Budget 2006, a further €55m (full year cost) was allocated for this area, €30m for 2006 and €25m for 2007. This will allow for the phased introduction of a further 2,000 packages by the end of this year. Home Care Packages are delivered through the HSE, by a range of providers including the Health Service Executive itself, voluntary groups and the private sector. Home Care packages are multidisciplinary and may include services such as nurses, home care attendants, home helps and the various therapists including physiotherapists and occupational therapists. Home Care Packages will be targeted at those people who have maximised their usage of existing core community services and those who might otherwise require long-term residential care.

An additional €33 million full year cost was also allocated for the Home Help service, €30 million of which will be for 2006 and will provide 1.75 million additional home help hours.

Social Welfare Benefits.

Róisín Shortall

Question:

108 Ms Shortall asked the Tánaiste and Minister for Health and Children when a payment of arrears for a DPMA payment dating from 1983 to 1986 will be awarded to a person (details supplied) in Dublin 9; the reason for the delay in making this payment; if the matter will be expedited; and if she will make a statement on the matter. [18904/06]

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

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.

Michael Ring

Question:

109 Mr. Ring asked the Tánaiste and Minister for Health and Children when an application for the home care package for a person (details supplied) in County Mayo was submitted to the Health Service Executive; the reason this application has not been dealt with; and the situation in relation to same. [18905/06]

Minister of State at the Department of Health and Children (Mr. S. Power)

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 Service Property.

Michael Ring

Question:

110 Mr. Ring asked the Tánaiste and Minister for Health and Children the position regarding a property (details supplied) in County Mayo; the plans the Health Service Executive western area have submitted in this regard; the funding which is required for same; the purpose the building is presently being used for; the proposed uses of the building; and the funding which is needed to complete the project. [18906/06]

Tánaiste and Minister for Health and Children (Ms Harney)

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.

Health Services.

M. J. Nolan

Question:

111 Mr. Nolan asked the Tánaiste and Minister for Health and Children if she will arrange for the assessment of a person (details supplied) in County Kilkenny by the autism team in Kilkenny; and if she will make a statement on the matter. [18907/06]

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

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.

Ministerial Meetings.

Breeda Moynihan-Cronin

Question:

112 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children if she will meet with a representative group from Kenmare community in County Kerry regarding the provision of a 14 bed extension to Kenmare Community Hospital. [18917/06]

Tánaiste and Minister for Health and Children (Ms Harney)

The Deputy will wish to note that my office have arranged for this meeting to take place on Tuesday 20th June, 2006.

Ministerial Responsibilities.

Joan Burton

Question:

113 Ms Burton asked the Tánaiste and Minister for Health and Children the functions which have been delegated to each Minister of State at her Department; the date on which the relevant order was made; and if she will make a statement on the matter. [18920/06]

Tánaiste and Minister for Health and Children (Ms Harney)

Under the Health and Children (Delegation of Ministerial Functions) Order 2004, I have assigned and delegated certain Departmental functions to my Ministers of State. Such functions reflect their areas of responsibility. The following functions have been assigned to Minister of State, Brian Lenihan TD with special responsibility for Child Care and Childrens Policy: Adoption Acts 1952 to 1998; Children Acts 1908 to 1989; Child Care Act 1991 (No. 17 of 1991); Protections for Persons reporting Child Abuse Act, 1998 (No. 49 of 1998); Children Act, 2001 (No. 24 of 2001); Ombudsman for Children Act, 2002 (No. 22 of 2002); Relevant Order dated 14th December 2004. The following functions have been assigned to Minister of State, Tim O'Malley TD with special responsibility for Mental Health, Physical, Sensory and Intellectual Disabilities: Part VII of the Mental Treatment Act, 1945 (No. 19 of 1945); Section 41 of the Mental Treatment Act, 1961 (No. 7 of 1961); Section 4 of the Health (Miscellaneous Provisions) Act, 2001 (No. 14 of 2001); Mental Health Act 2001 (No. 25 of 2001); Section 65 of the Health Act, 1953 (No. 26 of 1953); Sections 26, 59, 61, 69, 71 and 72 of the Health Act, 1970 (No. 1 of 1970); Relevant Order dated 14th December 2004. The following functions have been assigned to Minister of State, Séan Power TD with special responsibility for Public Health (Food Safety, Medicines and Tobacco), Health Promotion and Services for Older People: Irish Medicines Board Act, 1995 (No. 29 of 1995); Section 5, 20 and 51 of the Food Safety Authority of Ireland Act, 1998 (No. 29 of 1998); Food Standards Act, 1974 (No. 11 of 1974); Sale of Food and Drugs Acts, 1875 to 1936 Milk and Dairies Acts, 1935 to 1988; Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978; Tobacco (Health Promotion and Protection) Act, 1988; Public Health (Tobacco) Acts 2002 and 2004; Section 6, 7, and 10 of the Health (Nursing Home) Act, 1990; Relevant Order dated 14th December 2004. In an Order dated 8th June 2005 the powers and duties of the Minister for Health and Children conferred on that Minister of the Government by or under Section 5 in so far as they relate to Part V of the Health Act, 1947 (No. 28 of 1947) were delegated to Séan Power, Minister of State at the Department of Health and Children. I have also delegated to Minister of State, Séan Power TD additional responsibilities on an administrative basis as follows: Health Promotion (including Cardiovascular Strategy and Women's Health); Drug Misuse and HIV/AIDS; Contingency Planning (Health Protection); Matters relating to the development of services for older people throughout the country; Matters relating to the development of Palliative Care services throughout the country.

Nursing Home Subventions.

Fergus O'Dowd

Question:

114 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if subvention will be granted for a person (details supplied) in Dublin 9 in view of their financial circumstances. [18960/06]

Minister of State at the Department of Health and Children (Mr. S. Power)

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.

Fergus O'Dowd

Question:

115 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if a person (details supplied) in Dublin 11 will be assessed for residential care in view of their serious medical condition; and if she will make a statement on the matter. [18961/06]

Minister of State at the Department of Health and Children (Mr. S. Power)

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

Nursing Home Subventions.

Paddy McHugh

Question:

116 Mr. McHugh asked the Tánaiste and Minister for Health and Children if the nursing home subvention will be increased to assist those people who qualify for public nursing homes but cannot access same due to a shortage of public nursing home beds and accordingly have to access private nursing home beds at a greater cost; and if she will make a statement on the matter. [18962/06]

Minister of State at the Department of Health and Children (Mr. S. Power)

The Nursing Home (Subvention) Regulations, 1993 are administered by the Health Service Executive. There are currently three rates of subvention payable, i.e. €114.30, €152.40 and €190.50 for the three levels of dependency which are medium, high and maximum. There are no plans to increase the subvention rates at present.

The HSE has discretion to pay more than the maximum rate of subvention relative to an individual's level of dependency in a case, for example, where personal funds are exhausted. The application of these provisions in an individual case is a matter for the HSE in the context of meeting increasing demands for subvention, subject to the provisions of the Health Act, 2004. The average rate of subvention paid by the HSE generally exceeds the current approved basic rates. The supports paid by the HSE vary from person to person and region to region, depending on prices for example.

I wish to advise the Deputy that additional funding of €20 million was provided for the administration of the Nursing Home Subvention Scheme in 2006, bringing the total available budget to €161 million. The €20 million is to support more basic nursing home subventions and reduce waiting lists for enhanced subventions: it is also to bring more consistency to the subvention scheme throughout the country.

Health Services.

Bernard J. Durkan

Question:

117 Mr. Durkan asked the Tánaiste and Minister for Health and Children if an early medical appointment will be arranged for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18963/06]

Tánaiste and Minister for Health and Children (Ms Harney)

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 Screening Programme.

Caoimhghín Ó Caoláin

Question:

118 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the progress she has made to address the demands of a group (details supplied) and the people of Donegal for the retention of breast cancer services in Letterkenny General Hospital, the introduction of BreastCheck, the provision of 70 extra beds at Letterkenny General Hospital, the establishment of a satellite radiotherapy unit in Letterkenny General Hospital and designated funding to assist patients and their families having to travel for treatment. [18964/06]

Tánaiste and Minister for Health and Children (Ms Harney)

My objective and that of the HSE is to ensure quality assured, equitable and sustainable oncology services for patients in the North West. Since 1997, cumulative funding totalling more than €47 million has been allocated to the Health Service Executive North Western Area for the development of appropriate treatment and care services for people with cancer. An 11 bed oncology ward was recently completed at Letterkenny General Hospital (LGH) and this is supported by an oncology daycase area, breast care suite and a clean air pharmaceutical preparation room. I recently approved the HSE Capital Plan for 2006, which includes provision for additional beds for LGH.

In relation to breast disease services, the Health Service Executive is currently examining as a matter of priority a model of breast care involving LGH and Altnagelvin Hospital to determine if it meets the quality standards required in best breast care. The HSE is scheduled to meet representatives of both hospitals in early June.

Patients in the North West are currently being referred for radiation oncology treatment to the Radiation Oncology Department at University College Hospital, Galway and also to St. Luke's Hospital in Dublin. A Consultant Radiation Oncologist from St. Luke's Hospital Dublin visits LGH three times per month as part of the multi-disciplinary care of cancer patients. The Government considers that in the short term, the best option in terms of improving geographic access for patients in the North West is to facilitate access for those patients to radiation oncology services as part of North/South co-operation on cancer.

I agreed with the former Minister for Health for Northern Ireland, Mr. Shaun Woodward, MP that the new Belfast Cancer Centre will treat patients from Donegal. Both Departments have now requested CAWT (Cooperation and Working Together) to ensure the timely and effective delivery of the Ministerial agreement. As regards progressing the consideration of a satellite in the North West, the first priority is to deliver access for cancer patients in the North West to Belfast City Hospital as early as possible and thereafter to build on positive working relationships to deliver on this commitment. The issue of a satellite centre in the North West will continue to be progressed as a joint initiative involving bilateral discussions at Departmental and political levels.

As regards transport, the HSE NorthWest provides a full daily transport service from LGH to the major Dublin Hospitals. In association with the Friends of Letterkenny General Hospital (a local voluntary group), the HSE North West also provides a twice weekly transport service for patients accessing radiation oncology services in Dublin. The HSE also subsidises the cost of flights to Dublin for patients with cancer for whom this method of transport is a viable option. St. Luke's Hospital Dublin arranges to transport patients to and from the airport. In all emergency cases and where there is clinical need, an ambulance service is provided. The HSE North West will make every effort to assist patients who require transport and patients who may require transport are encouraged to make direct contact with the Hospital to determine suitable arrangements. The HSE is also committed to supporting the accommodation needs of patients in the North West referred for radiation oncology.

BreastCheck is preparing for the expansion of its screening programme for women aged 50 to 64 years to the South and West of the country. Capital funding in the region of €21m has been made available to provide static screening units and five mobile units. My Department made additional revenue funding of €2.3m available to BreastCheck this year and approval has been given for an additional 69 posts to facilitate roll-out. BreastCheck recently interviewed for Clinical Directors for both regions and has commenced the recruitment process for other essential staff. BreastCheck is in the process of shortlisting applicants to construct the new clinical units at the South Infirmary/Victoria Hospital, Cork and University College Hospital Galway. BreastCheck is confident that the target date of next year for the commencement of roll out to the Southern and Western regions will be met.

The developments outlined in relation to radiation oncology services, symptomatic breast disease services and the expansion of the BreastCheck programme will greatly enhance the diagnostic and treatment facilities available to cancer patients in the North West. They are a clear indication of the considerable progress that has been made in addressing the burden of cancer and reflect the priority given to cancer care in the North West region by this Government.

Medical Cards.

Paul Kehoe

Question:

119 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in County Wexford has to pay for their stay in hospital when they are in receipt of a medical card; and if she will make a statement on the matter. [19001/06]

Tánaiste and Minister for Health and Children (Ms Harney)

Under the Health (Amendment) Act 1991 all persons ordinarily resident in the State are eligible for public hospital services. Medical card holders receive the services free of charge, while non-medical card holders pay a modest charge. A medical card holder using public in-patient services should not be charged unless the person has explicitly opted to be treated as a private patient or is due compensation as a result of a road traffic accident. Any person can opt to be a private patient, and is then liable for the appropriate charge for private or semi-private treatment.

The particular case raised by the Deputy 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.

Children in Care.

Bernard J. Durkan

Question:

120 Mr. Durkan asked the Tánaiste and Minister for Health and Children the extent and level of support available to a person (details supplied) in County Kildare in the event of the release of their nephew by the courts into their guardianship and care; the extent to date of interaction between her Department and the Garda authorities on the issue in the past four months; and if she will make a statement on the matter. [19002/06]

Minister of State at the Department of Health and Children (Mr. B. Lenihan)

There has been no contact between the Department of Health and Children and the Garda authorities in this case, as such contact given the policy role of the Department would not be appropriate. Insofar as the case concerns child welfare issues, as the Deputy is aware it is a matter for the Health Service Executive which under the Health Act 2004 has statutory responsibility for the management and delivery of health and personal social services. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Staff.

Liz McManus

Question:

121 Ms McManus asked the Tánaiste and Minister for Health and Children when a dermatologist specialist will be appointed to Tallaght Hospital; and if she will make a statement on the matter. [19026/06]

Tánaiste and Minister for Health and Children (Ms Harney)

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

Departmental Offices.

Joan Burton

Question:

122 Ms Burton asked the Tánaiste and Minister for Health and Children the locations where the offices of the Minister with responsibility for Children are located; the locations where it is proposed that they be located on a more permanent basis; the number of civil servants who are employed in those sections within the responsibility of the Minister with responsibility for Children ; the number of civil servants who have been assigned to the Minister from the Department of Education and Science and the Department of Justice, Equality and Law Reform; and if she will make a statement on the matter. [19027/06]

Minister of State at the Department of Health and Children (Mr. B. Lenihan)

The Office of the Minister for Children was established in accordance with the Government decision of 7th December, 2005 to place the interests of children at the heart of Government and to build on the successes already achieved in the context of the National Children's Strategy. The Office is an integral part of the Department of Health & Children and comprises the following: The Childcare Directorate (transferred from the Department of Justice, Equality and Law Reform), which has responsibility for the Equal Opportunities Childcare Programme — EOCP and the new National Childcare Investment Programme. The Childcare Directorate is currently based at Old Faculty Building, Shelbourne House, Shelbourne Road, Dublin 4. It has an agreed complement of 21.8 Whole Time Equivalent (WTE) civil servants.

The Child Welfare and Protection Policy Unit, which has responsibility for policy and legislative work on Child Welfare and Protection. This Unit is currently based in the Department of Health and Children at Hawkins House, Hawkins Street, Dublin 2. It has an agreed complement of 17.1 WTE civil servants.

The National Children's Strategy Unit, which has responsibility for overseeing the implementation of the National Children's Strategy. This Unit is currently based at St. Martin's House, Waterloo Road, Dublin 4. It has an agreed complement of 16.8 WTE civil servants. This figure includes three staff on secondment from the Departments of Education & Science, Justice, Equality & Law Reform and Social & Family Affairs.

My private office is currently based at the Department of Health & Children at Hawkins House, Hawkins Street, Dublin 2. They have an agreed complement of 7.8 WTE civil servants. A Private Secretary, based in the Department of Education & Science, has also been assigned to me.

The new Youth Justice Service of the Department of Justice, Equality and Law Reform and the Early Years Education Policy Unit of the Department of Education and Science will be co-located at the new office. The Youth Justice Service is based at Montague Court, 7-11 Montague St., Dublin 2 at present and currently has 7 civil servants working there. The Department of Justice, Equality and Law Reform and the Department of Finance have still to agree the WTE complement of civil servants which will co-locate to my Office. The Youth Justice Service will continue to be funded through the Department of Justice, Equality and Law Reform's vote.

The Early Years Education Policy Unit is based at the Department of Education and Science, Marlborough St., Dublin 1 at present. 1 civil servant has currently been appointed to the Unit. The WTE complement of civil servants which will co-locate to my Office is still under consideration. The Unit will continue to be funded through the Department of Education and Science's vote.

Co-located staff from the Departments of Justice, Equality and Law Reform and Education and Science will remain staff of their parent Department and will continue to have a reporting relationship through that Department and its senior Minister, in addition to its relationship to me and the Director General of the Office of the Minister for Children.

With regard to a more permanent location for my Office, agreement has recently been reached with the Office of Public Works regarding permanent accommodation arrangements. The Office will be located in Bishop's Square, Redmond's Hill, Dublin 2, following decentralisation of a division of the Department of Foreign Affairs that is currently located there. This is scheduled to take place by mid-2007 and it is proposed that my Office would move to Bishop's Square very shortly thereafter. Discussions are ongoing with the Office of Public Works with a view to making more appropriate accommodation arrangements in the intervening period.

Health Services.

John McGuinness

Question:

123 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason funding towards subvention has not been increased in the Health Service Executive south east area since 1991; and if she will make a statement on the matter. [19033/06]

Minister of State at the Department of Health and Children (Mr. S. Power)

I wish to advise the Deputy that additional funding of €20 million was provided for the administration of the Nursing Home Subvention Scheme in 2006, bringing the total available budget to €161 million. The €20 million is to support more basic nursing home subventions and reduce waiting lists for enhanced subventions: it is also to bring more consistency to subventions support throughout the country.

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 Service Executive.

Ned O'Keeffe

Question:

124 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children the reason a reply received from the parliamentary affairs division to a parliamentary question submitted to her Department in respect of person (details supplied) has not responded to the specific issues raised. [19034/06]

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

I understand from the Health Service Executive that further correspondence has issued to the Deputy on this matter.

Child Care Services.

Olwyn Enright

Question:

125 Ms Enright asked the Tánaiste and Minister for Health and Children further to her reply to Parliamentary Question No. 188 of 3 May 2006 if she will refer to pre-school facilities in her reply as distinct from child care facilities as the question refers specifically to pre-school support for children with special needs and not child care; and if she will make a statement on the matter. [19047/06]

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

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.

Freedom of Information.

Joan Burton

Question:

126 Ms Burton asked the Minister for Finance if the NDFA are covered by the Freedom of Information legislation; if not, when he proposes to do so; and if he will make a statement on the matter. [18900/06]

Minister for Finance (Mr. Cowen)

The National Development Finance Agency is not covered by Freedom of Information legislation. However, the extension of the FOI Act to various bodies, including the NDFA, is being considered at present.

Tax Code.

Denis Naughten

Question:

127 Mr. Naughten asked the Minister for Finance if his attention has been drawn to plans by the Revenue Commissioners to apply VAT on the transfer of single farm payment entitlements by gift; his views on whether this contradicts Government policy on early transfer of agricultural property to young trained farmers; if he will ensure that this charge is removed; and if he will make a statement on the matter. [18901/06]

Minister for Finance (Mr. Cowen)

The Single Farm Payment (SFP) was introduced in April 2005. The VAT treatment of the Single Farm Payment (SFP) scheme is subject to EU VAT law with which Irish VAT law must comply. I am, however, informed by the Revenue Commissioners that the transfer of SFP entitlement, by way of a gift for no consideration, is not subject to VAT.

Ministerial Responsibilities.

Joan Burton

Question:

128 Ms Burton asked the Minister for Finance the functions which have been delegated to each Minister of State at his Department; the date on which the relevant order was made; and if he will make a statement on the matter. [18921/06]

Minister for Finance (Mr. Cowen)

The Government appointed Mr. Tom Parlon, T.D. as Minister of State at the Department of Finance with special responsibility for the Office of Public Works on the 18th of June 2002. There has been no delegation to him under Section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977 of any of the statutory powers of the Minister for Finance.

Tax Yield.

Paul Kehoe

Question:

129 Mr. Kehoe asked the Minister for Finance if he will publish the amount of VAT taken by the Government on fuel since 1997; his plans to put a cap on the VAT taken in on fuel in view of the escalating fuel prices and the upward rise of inflation; the rate of VAT charged on fuel for the past ten years; the breakdown of the figures; and if he will make a statement on the matter. [18972/06]

Minister for Finance (Mr. Cowen)

I am informed by the Revenue Commissioners that it is not possible to furnish precise figures of the VAT take on fuel, as the information furnished on VAT returns does not require this to be identified. However, estimates of the VAT yield on fuel, based on consumption levels of oil products as well as statistical data derived from non-Revenue sources, are as follows:

VAT Yield from Fuel
Fuel	1997	1998	1999	2000	2001	2002	2003	2004	2005
	€m	€m	€m	€m	€m	€m	€m	€m	€m
Electricity	69	77	80	85	89	98	117	129	156
Coal	24	23	14	9	21	18	18	39	50
Turf	9	9	7	9	14	13	12	11	14
Gas	17	21	24	26	27	34	42	34	41
C/Heating Oil	15	15	17	32	23	28	31	48	65
Kerosene	19	20	22	24	34	42	48	51	69
LPG Domestic	6	6	6	6	8	8	9	10	12
Petrol	196	207	224	289	265	286	290	328	368
Auto Diesel	16	19	22	30	27	30	32	38	46
Total	371	398	416	511	508	558	600	687	822

It should be noted that there are numerous factors that would have an impact on the price and VAT yield from fuel. Fuel prices are driven by a number of factors including the price of oil on international markets, exchange rates, production costs and refining costs. The rise in oil prices over recent periods reflected additional factors such as geopolitical uncertainty, supply disruptions and strong economic growth in countries such as China. Furthermore, the increase in the VAT yield from fuel is more by-product of the unprecedented level of economic activity that has taken place over the lifetime of this Government.

In relation to the rates of VAT applicable to fuel, the position is that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. In this regard, it would not be possible to place a cap on the amount of VAT raised from fuel.

Petrol and auto diesel are subject to the standard VAT rate which in Ireland was 21% up to 31 December 2000. The standard VAT rate was reduced to 20% on 1 January 2001 and increased to 21% on 1 March 2002. It would not be possible to reduce the VAT rate applicable to motor fuel without reducing the rate for all goods and services subject to the standard VAT rate. A decrease of 1 per cent in the standard VAT rate would cost the Exchequer €390 million per annum.

Ireland applies the reduced VAT rate to all of other items listed in the table, as they are used to create heat or light. Under Article 28 (2)(e) of the Sixth VAT Directive the supply of electricity and gas is subject to the reduced VAT rate. This Article allows Member States, which at 1 January 1991 applied a reduced rate to supplies of goods and services other than those specified in Annex H of the Sixth VAT Directive, to apply a reduced rate provided for in Article 12(3) to such supplies. The reduced VAT rate in Ireland which was 12.5% up to 31 December 2002 was increased to 13.5% with effect from 1 January 2003. Under EU law Member States can continue to apply reduced rates in such cases provided the rate is not below 12%. Such a reduction in the reduced VAT rate, while having a significant Exchequer cost, would be likely to have little or no impact on the retail price of such products.

Decentralisation Programme.

Denis Naughten

Question:

130 Mr. Naughten asked the Minister for Finance the status of the decentralisation within his Department to County Mayo; the timetable for completion of the move; and if he will make a statement on the matter. [18984/06]

Minister of State at the Department of Finance (Mr. Parlon)

OPW has begun preparations to establish an advance office for decentralisation in Claremorris early in 2007. The selection of staff for the advance office will in the first instance focus on surplus Department of Agriculture staff in the region who have expressed a preference for decentralisation to Claremorris through the Central Applications Facility (CAF).

Accommodation options to house these staff pending the realisation of the full decentralisation project for Claremorris are being evaluated by OPW together with preparing a more detailed Implementation Plan which will consider the functions to be relocated and the possible timeframe for the move.

The indicative timeframe for the completion of the construction of the new building to accommodate the total decentralised staff in Claremorris is early 2009.

Ministerial Responsibilities.

Joan Burton

Question:

131 Ms Burton asked the Minister for Communications, Marine and Natural Resources the functions which have been delegated to each Minister of State at his Department; the date on which the relevant order was made; and if he will make a statement on the matter. [18922/06]

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

Mr. John Browne T.D. is the only Minister of State at the Department of Communications, Marine and Natural Resources.

The Government have, at my request, made 2 Orders which delegated to him certain marine functions as specified in the Orders: Marine (Delegation of Ministerial Functions) Order 2006 (S.I. No. 82 of 2006), with effect from 21 February 2006, and the Marine (Delegation of Ministerial Functions) (No. 2) Order 2006 (S.I. No. 167 of 2006), with effect from 12 April 2006.

Copies of both Orders were presented to both Houses of the Oireachtas and the text of the Orders is accessible on the Department's Website www.dcmnr.ie.

Telecommunications Services.

Michael Ring

Question:

132 Mr. Ring asked the Minister for Communications, Marine and Natural Resources when broadband will be available in an area (details supplied) in County Mayo. [18941/06]

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

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

My Department administers a group broadband scheme which is designed to promote the rollout of broadband access through the establishment of sustainable broadband services in towns, villages, rural hinterlands and under-served areas of larger towns on the basis of local and regional authority coordination and community driven initiatives.

The most recent call for proposals has now closed and I will be launching a further call shortly.

My Department's website www.broadband.gov.ie gives full details of broadband availability in all areas, including ADSL, cable, fibre, satellite and fixed wireless. The website also lists prices of the various service levels on offer and contact details for each service provider.

Greener Homes Scheme.

Gerard Murphy

Question:

133 Mr. G. Murphy asked the Minister for Communications, Marine and Natural Resources if the new heating grant for underground heating will be awarded to a person (details supplied) in County Cork. [18971/06]

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

The "Greener Homes" scheme is being rolled out on behalf of my Department by Sustainable Energy Ireland (SEI) and all applications are being processed through SEI. My officials have been in contact with SEI and have been advised that to date no application for grant aid has been received from the individual in question.

Alternative Energy Projects.

Bernard J. Durkan

Question:

134 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he has provided supportive funding for off-shore wind generated energy in the course of his recently announced proposals; his future intentions for the development of the off-shore sector; and if he will make a statement on the matter. [19042/06]

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

The Renewable Energy Feed-in Tariff programme (REFIT), which was launched on 1st May last, is designed to support the construction of new renewable energy powered electricity generating plants using proven technologies. The programme imposes maximum prices by technology upon which compensation to participating suppliers will be calculated. It is a matter for project developers to determine whether the price levels available deliver sufficient returns to meet the costs of any particular project.

International Agreements.

Olivia Mitchell

Question:

135 Ms O. Mitchell asked the Minister for Foreign Affairs if, in the context of a global economy with different stages of production occurring in various countries, it would not be appropriate to reform the Rules of Origin which will apply under the Economic Partnership Agreements in a manner which will facilitate full cumulation of goods from any of the 77 countries entering EPAs with the EU; and if he will make a statement on the matter. [18974/06]

Minister of State at the Department of Foreign Affairs (Mr. C. Lenihan)

The Cotonou Agreement forms the framework for the trading relationship between the ACP states and the EU. Under this Agreement, cumulation relates to the use by producers in an exporting country of inputs from another country, without in effect losing their preferential market access for the final product. Cumulation provisions are, therefore, important in that they can significantly improve the sourcing opportunities for producers. The rules of origin provision of the Cotonou Agreement provides for full cumulation among the ACP countries. However, it is clearly important that this be effective in practice.

In this regard, article 37.7 of the Cotonou Agreement envisages that Economic Partnership Agreements (EPAs) to be negotiated under the Cotonou Framework would "aim [...] at improving current market access for the ACP countries through, inter alia, a review of the rules of origin. Negotiations shall take account of the level of development and the socioeconomic impact of trade measures on ACP countries and their capacity to adapt and adjust their economies to the liberalisation process.”

In furtherance of this objective, and in the context of the ongoing WTO Doha Development Agenda negotiations, the Commission adopted a Green Paper on rules of origin in 2003. This document provided an overall assessment of the current issues relating to problems of Origin in preferential agreements, and an overview of options available for their improvement. In the Green Paper, and in a further Communication of March 2005, the Commission indicated a commitment to simplifying the rules of origin in the context of these Economic Partnership Agreements, as well as an openness to rules of origin that provide more favourable conditions for ACP countries than for the EU (so called asymmetric rules of origin).

The above principles form a sound basis for the negotiations on the Economic Partnership Agreements. Crucially, they respect the different levels of development of ACP countries. I would hope that the ACP states themselves will, as the negotiations evolve, be able to achieve a coordinated position on the criteria for rules of origin that would enhance cumulation across ACP countries and thus improve their access to EU markets. Ireland will continue to urge the Commission to ensure that the EPA negotiations result in agreements that are supportive of ACP countries' development needs and their poverty reduction efforts.

Ministerial Responsibilities.

Joan Burton

Question:

136 Ms Burton asked the Minister for Foreign Affairs the functions which have been delegated to each Minister of State at his Department; the date on which the relevant order was made; and if he will make a statement on the matter. [18923/06]

Minister for Foreign Affairs (Mr. D. Ahern)

On 5 October, 2004 the Government, on the nomination of the Taoiseach and in exercise of the power conferred on them by Section 1 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977, as amended by Section 2 of the Ministers and Secretaries (Amendment) Act 1980 and Section 1 of the Ministers and Secretaries (Amendment) Act 1995, assigned responsibility for European Affairs to Deputy Noel Treacy, Minister of State. Also on that date, and under the same legislative provisions, the Government appointed Deputy Conor Lenihan to be a Minister of State at the Department of Foreign Affairs, with special responsibility for Overseas Development and Human Rights. No delegation orders in respect of the Ministers of State assigned to my Department have been made under Section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977.

Diplomatic Representation.

Pádraic McCormack

Question:

137 Mr. McCormack asked the Minister for Foreign Affairs if the Government has proposals to set up and establish an embassy in Bangkok in view of the many Irish and Europeans who are living there; and if plans have been made for setting up such an Embassy. [18970/06]

Minister for Foreign Affairs (Mr. D. Ahern)

Ireland established diplomatic relations with Thailand in 1975 and our Ambassador to Malaysia is accredited there on a non-resident basis. Ireland is also represented by an Honorary Consul in Bangkok who provides consular assistance, when required, to Irish citizens in Thailand. The opening of further resident missions abroad, including in Thailand, is considered by the Government on an ongoing basis. As I believe the Deputy will appreciate, any expansion of our diplomatic network can only be undertaken on the basis of clear priorities. In this regard, there are no plans to change the status of our representation in Thailand in the short term.

Brian O'Shea

Question:

138 Mr. O’Shea asked the Minister for Foreign Affairs his proposals to re-establish an embassy in Kenya; and if he will make a statement on the matter. [19032/06]

Minister for Foreign Affairs (Mr. D. Ahern)

The opening of further resident missions abroad, including the reopening of an Embassy in Kenya, is considered by the Government on an ongoing basis. Following a recent Government decision, the approval of the Kenyan authorities has been sought for the accreditation of the resident Irish Ambassador in South Africa to also be Ambassador to Kenya on a non-resident basis. It might also be noted that Ireland is represented by an Honorary Consul in Nairobi.

Sports Capital Programme.

Tony Gregory

Question:

139 Mr. Gregory asked the Minister for Arts, Sport and Tourism the amount of sports capital grants paid to date out of public funds to a club (details supplied) in Dublin 7; the years in which these grants were paid; the amount of sports capital grants paid to date out of public funds to this club for rebuilding or refurbishing its stadium; the years in which these grants were paid; if the club will be obliged to repay these grants if the stadium ceases to be used as a football stadium after it has been sold by the club to a property development company; and if, in view of discussions his Department has had with the Football Association of Ireland regarding the implementation of the Genesis Report, he will make a statement on the matter. [18915/06]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

The Department allocated a total of €1,100,750 in sports capital grants to the club in question over the years 1996, 1999, 2000, 2001, 2002 and 2005, all of which were towards developments at the club's grounds. The club drew down the following payments in accordance with the requirements of the grants scheme:

Year	Amount Paid
	€
1999	603,125
2000	180,938
2001	161,892
2002	140,655
2005	14,140
Total	1,100,750

One of the requirements of sports capital funding is that, for accumulated grants of more than €120,000 a Deed of Covenant and Charge be invoked. This Deed provides, inter alia, for a repayment of the grant in the event of the grant-aided property not continuing to be used for the purpose for which the grant was allocated. The required Deeds are in place in respect of the grants awarded to this club.

The Genesis Report pointed out that the ultimate target for the Eircom League would be to have a strong, superior product with attractive facilities leading to increased support, higher levels of sponsorship and an improvement in income for the league and its clubs. In terms of facilities specifically, the report highlighted the need for Dublin clubs to consider ground sharing. In that context FAI Ireland is engaged in ongoing discussions with the main Dublin clubs to identify the options and the main issues for the clubs concerned.

While I support the recommendations of the Genesis Report, ultimately any decision regarding Bohemians FC moving from Dalymount is a matter for the club and its members to decide.

Ministerial Responsibilities.

Joan Burton

Question:

140 Ms Burton asked the Minister for Arts, Sport and Tourism the functions which have been delegated to each Minister of State at his Department; the date on which the relevant order was made; and if he will make a statement on the matter. [18924/06]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

As the Deputy is no doubt aware, there is no Minister of State at my Department.

Sports Capital Programme.

Denis Naughten

Question:

141 Mr. Naughten asked the Minister for Arts, Sport and Tourism when he intends to make allocations under the sports capital programme 2006; and if he will make a statement on the matter. [18989/06]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

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 levels.

Applications for funding under the 2006 programme were invited through advertisements in the Press on November 27th and 28th last. The closing date for receipt of applications was January 20th 2006. A total of 1,338 applications for projects costing €670 million and seeking funding of €312 million were received. All of these applications, ranging in project cost from €500 to €25 million are currently being evaluated against the programme's detailed 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:

142 Mr. Naughten asked the Minister for Arts, Sport and Tourism if he will approve funding for a project (details supplied) under the sports capital programme 2006; and if he will make a statement on the matter. [18990/06]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

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 November 27th and 28th last. The closing date for receipt of applications was January 20th 2006. All applications received before the deadline 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.

I should point out that no application was received in the name of Boyle Sports Complex and I presume the Deputy is referring to Boyle Basketball Club from whom an application has been received.

Denis Naughten

Question:

143 Mr. Naughten asked the Minister for Arts, Sport and Tourism if he will approve funding for a band (details supplied) under the sports capital programme 2006; and if he will make a statement on the matter. [18991/06]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

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 November 27th and 28th last. The closing date for receipt of applications was Friday 20th January. 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 towards the cost of musical instruments and has no sporting element, it is not eligible for funding under the sports capital programme.

Labour Inspectorate.

Arthur Morgan

Question:

144 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the number of instances identified by the Labour Inspectorate of employers denying workers their statutory holiday entitlements in 2005 and in each of the previous five years. [18897/06]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen)

The Organisation of Working Time Act makes provision for holiday entitlements in respect of most employees. Employees who have been denied their statutory holiday entitlement under the Act have a right of complaint to a Rights Commissioner. Holiday entitlements of employees in certain categories of employment are determined by the provisions contained in Employment Regulation Orders and Registered Employment Agreements, which are enforced by the Labour Inspectorate.

The number of instances identified by the Labour Inspectorate of employers in breach of public holiday and annual holiday provisions for the years 2003 to 2005 are set out in the following tabular statement. The statistics in respect of the years 2001 and 2002 are not available.

Year	Employers in breach of public holiday provisions	Employers in breach of annual holiday provisions
2003	17	8
2004	57	32
2005	89	40

Ministerial Responsibilities.

Joan Burton

Question:

145 Ms Burton asked the Minister for Enterprise, Trade and Employment the functions which have been delegated to each Minister of State at his Department; the date on which the relevant order was made; and if he will make a statement on the matter. [18925/06]

Minister for Enterprise, Trade and Employment (Mr. Martin)

On 7th December, 2004, Ministerial Functions were delegated to Minister of State Deputy Tony Killeen, who has responsibility for Labour Affairs, under the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2004 (S.I. No. 809 of 2004) in respect of the following pieces of legislation:

Enactments

•Trade Union Acts 1871 to 1990

•Conspiracy and Protection of Property Act, 1875

•Boiler Explosion Acts 1882 and 1890

•Payment of Wages in Public Houses Prohibition Act 1883 (46 & 47 Vict. c. 31)

•Industrial Relations Acts 1946 to 2004

•Safety in Industry Acts 1955 and 1980

•Mines and Quarries Act 1965 (No. 7 of 1965)

•Redundancy Payments Acts 1967 to 2003

•Employment Agency Act 1971 (No. 27 of 1971)

•Dangerous Substances Acts 1972 and 1979

•Minimum Notice and Terms of Employment Acts 1973 to 2001

•Protection of Employment Act 1977 (No. 7 of 1977)

•Workers' Participation Acts 1977-1988

•Unfair Dismissals Acts 1977 to 2001

•Protection of Employees (Employers' Insolvency) Acts 1984 to 2004

•Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987)

•Safety, Health and Welfare at Work Act 1989 (No. 7 of 1989)

•Payment of Wages Act 1991 (No. 25 of 1991)

•Terms of Employment (Information) Acts 1994 and 2001

•Protection of Young Persons (Employment) Act 1996 (No. 16 of 1996)

•Trans-national Information and Consultation of Employees Act 1996 (No. 20 of 1996)

•Organisation of Working Time Act 1997 (No. 20 of 1997)

•Chemical Weapons Act 1997 (No. 28 of 1997)

•Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998)

•National Minimum Wage Act 2000 (No. 5 of 2000)

•Carer's Leave Act 2001 (No. 19 of 2001)

•Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001)

•Protection of Employees (Fixed-Term Work) Act 2003 (No. 29 of 2003).

Instruments

•European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000); and

•European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003).

In addition, on 28th June, 2005, under the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order 2004, (S.I. No. 316 of 2005), the powers and duties of the Minister for Enterprise, Trade and Employment under the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) were also delegated to Minister of State Killeen.

Insofar as Minister of State Deputy Michael Ahern, who has responsibility for Trade and Commerce, is concerned, on 7th December, 2004, under the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order 2004 (S.I. No. 808 of 2004), Minister Michael Ahern had Ministerial Functions delegated to him under the following pieces of legislation:

Enactments

•Partnership Act 1890 (53 & 54 Vict. c. 39)

•Industrial and Provident Societies Acts 1893 to 1978

•Friendly Societies Acts 1896 to 1977

•Limited Partnerships Act 1907 (7 Edw. 7. c.24)

•Assurance Companies Act 1909 (9 Edw. 7. c.49)

•Local Authorities (Mutual Assurance) Act 1926 (No. 34 of 1926)

•Perpetual Funds (Registration) Act 1933 (No. 22 of 1933)

•Control of Imports Acts 1934 to 1964

•Oil Burners (Standards) Act 1960 (No. 24 of 1960)

•Restriction of Imports Act 1962 (No. 20 of 1962)

•Registration of Business Names Act 1963 (No. 30 of 1963)

•Companies Acts 1963 to 2003 (other than sections 19 to 23 of the Companies Act, 1990 (No. 33 of 1990) and section 34 of the Company Law Enforcement Act 2001, (No 28 of 2001))

•Packaged Goods (Quantity Control) Act 1980 (No. 11 of 1980)

•Control of Exports Act 1983 (No. 35 of 1983)

•Designated Investment Funds Act 1985 (No. 16 of 1985)

•Unit Trusts Act 1990 (No. 37 of 1990)

•Patents Act 1992 (No. 1 of 1992)

•Investment Limited Partnerships Act 1994 (No. 24 of 1994)

•Stock Exchange Act 1995 (No. 9 of 1995)

•Trade Marks Act 1996 (No. 6 of 1996)

•Metrology Act 1996 (No. 27 of 1996)

•National Standards Authority of Ireland Act 1996 (No. 28 of 1996)

•Irish Takeover Panel Act 1997 (No. 5 of 1997)

•Credit Union Act 1997 (No. 15 of 1997)

•Copyright and Related Rights Act 2000 (No. 28 of 2000)

•Industrial Designs Act 2001 (No. 39 of 2001)

Instruments

•Decimal Currency (Friendly Society and Industrial Assurance Contracts) Regulations 1971 (S.I. No. 64 of 1971)

•European Communities (Stock Exchange) Regulations 1984 (S.I. No. 282 of 1984)

•European Communities (Mergers and Divisions of Companies) Regulations 1987 (S.I. No. 137 of 1987)

•European Communities (European Economic Interest Groupings) Regulations 1989 (S.I. No. 191 of 1989)

•European Communities (Quantitative Analysis of Binary and Ternary Fibre Mixtures) Regulations 1990 (S.I. No. 275 of 1990)

•European Communities (Companies: Group Accounts) Regulations 1992 (S.I. No. 201 of 1992)

•European Communities (Transferable Securities and Stock Exchange) Regulations 1992 (S.I. No. 202 of 1992)

•European Communities (Low Voltage Electrical Equipment) Regulations 1992 (S.I. No. 428 of 1992)

•European Communities (Prohibition of Satisfaction of Certain Contractual Claims arising from Trade Sanctions against Libya) Regulations 1993 (S.I. No. 385 of 1993)

•European Communities (Further Discontinuation of Certain Trade with Serb-Controlled Areas of Bosnia-Herzegovina) Regulations 1995 (S.I. No. 163 of 1995)

•European Communities (Trade with Iraq) Regulations 1997 (S.I. No. 370 of 1997)

•European Communities (Authorised Agencies) (Issue of Certificates of Origin) Regulations 1998 (S.I. No. 318 of 1998)

•European Communities (Interruption of Certain Economic Relations with Angola) Regulations 1998 (S.I. No. 503 of 1998)

•European Communities (Prohibition on the Sale, Supply, and Export to Burma/Myanmar of Equipment which might be used for Internal Repression or Terrorism) Regulations 2000 (S.I. No. 299 of 2000)

•European Communities (Control of Exports of Dual-Use Items) Regulations 2000 (S.I. No. 317 of 2000)

•Customs-Free Airport (Extension of Laws) Regulations 2000 (S.I. No. 430 of 2000)

•European Communities (Prohibition of the Export of Certain Goods and Services to Afghanistan and Strengthening of the Flight Ban) Regulations 2001 (S.I. No. 417 of 2001)

•European Communities (Prohibition of the Export of Certain Goods and Services to Afghanistan and Strengthening of the Flight Ban) (Amendment) Regulations 2001 (S.I. No. 467 of 2001)

•European Communities (Prohibition of the Export of Certain Goods and Services to Afghanistan and Strengthening of the Flight Ban) (Amendment) (No. 2) Regulations 2001 (S.I. No. 547 of 2001)

•European Communities (Prohibition of the Export of Certain Goods and Services to Zimbabwe) Regulations 2002 (S.I. No. 129 of 2002)

•European Communities (Prohibition on the Importation into the Community of Rough Diamonds from Sierra Leone) Regulations 2002 (S.I. No. 139 of 2002)

•European Communities (Restrictive Measures) (Liberia) Regulations 2002 (S.I. No. 438 of 2002)

•European Communities (Control of Exports of Dual-Use Items) (Amendment) Regulations 2002 (S.I. No. 512 of 2002)

•European Communities (Trade with Iraq) (Amendment) Regulations 2002 (S.I. No. 523 of 2002)

•European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2003 (S.I. No. 211 of 2003);

•European Communities (Undertakings for Collective Investment in Transferable Securities) (Amendment) Regulations 2003 (S.I. No. 212 of 2003);

•European Communities (Undertakings for Collective Investment in Transferable Securities) (Amendment No. 2) Regulations 2003 (S.I. No. 497 of 2003)

•European Communities (Undertakings for Collective Investment in Transferable Securities) (Amendment No. 4) Regulations 2003 (S.I. No. 737 of 2003)

•European Communities (Directive 2000/31/EC) Regulations 2003 (S.I. No. 68)

•European Communities (Directive 2000/31/EC) (Amendment) Regulations (S.I. No. 490 of 2004)

In addition, on 18th October, 2005, under the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order 2005 (S.I. No. 635 of 2005), the Ministerial Functions under the Investment Funds, Companies and Miscellaneous Provisions Act, 2005 (No. 12 of 2005) were also delegated to Minister Michael Ahern.

Social Welfare Benefits.

Gay Mitchell

Question:

146 Mr. G. Mitchell asked the Minister for Social and Family Affairs if he will review the case of a person (details supplied) in Dublin 12. [18911/06]

Minister for Social and Family Affairs (Mr. Brennan)

Recipients of Social Welfare or Health Service Executive payments who have been prescribed a special diet as a result of a specified medical condition, and whose means are insufficient to meet their needs, may qualify for a diet supplement under the supplementary welfare allowance scheme. This scheme and related supplements are administered on my behalf by the Community Welfare division of the Health Service Executive (HSE), and neither I nor my Department has any function in relation to individual claim decisions.

The amount of supplement payable depends on which category of diet has been prescribed by the applicant's medical adviser, as well as the income of the individual and his/her dependants.

The Dublin/Mid-Leinster Area of the HSE has advised that the person concerned had been prescribed a diabetic diet, and applied to the Executive for a diet supplement in July 2002. In accordance with the regulations governing the scheme at that time, the amount of diet supplement payable in this case was EUR 30.20 per month.

The amount of diet supplement in individual cases is calculated generally by assessing one third of weekly income against the cost of the relevant diet. Following a review of the scheme, the advice now available is that people with diabetes need a healthy eating diet. The review showed that the cost of a healthy eating diet can be met from one third of a basic social welfare payment.

As a result of a change in his personal circumstances, which led to a significant increase in his income, the diet supplement of the person concerned was reviewed. Based on his means, the person concerned is not now entitled to a diet supplement.

Social Welfare Code.

Seán Crowe

Question:

147 Mr. Crowe asked the Minister for Social and Family Affairs his views on extending the back to education allowance to those in low income employment in view of the fact that the economy here is becoming increasingly more knowledge based and that Ireland needs a larger amount of upskilling of the workforce here. [18912/06]

Minister for Social and Family Affairs (Mr. Brennan)

The back to education allowance or BTEA is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.

At present, to qualify for participation in the BTEA scheme an applicant must be, prior to commencing an approved course of study, at least 21 years of age (18 for people with disabilities). Lone parents and unemployed persons may access the scheme at 18 years if they are out of formal education for 2 years or more. An applicant must also be in receipt of a relevant social welfare payment for at least six months, in the case of people wishing to complete a second level course, or twelve months in the case of people wishing to pursue third level qualifications.

The twelve month requirement is reduced to nine in the case of people who wish to attend a third level course and who are participating in the National Employment Action Plan.

The scheme was established to assist people who have been out of the workforce for some time and whose opportunities of obtaining employment would be enhanced by participation in the scheme. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the BTEA scheme and is considered necessary to ensure that limited resources are directed at those most in need. People already in employment are not considered to be in the target group for the scheme.

I am satisfied that, overall, the current arrangements ensure that the scheme continues to support those people who are more distant from the labour market. I have no plans, at present to abolish or modify the existing qualifying criteria to include people who are not in receipt of a social welfare payment.

Decentralisation Programme.

Caoimhghín Ó Caoláin

Question:

148 Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the progress made on the decentralisation of staff of his Department to Buncrana. [18965/06]

Caoimhghín Ó Caoláin

Question:

149 Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the progress made on the decentralisation of staff of his Department to Donegal Town. [18966/06]

Minister for Social and Family Affairs (Mr. Brennan)

I propose to take Questions Nos. 148 and 149 together.

Under the Government decentralisation programme announced in Budget 2004, the Department is to relocate 230 posts to Donegal town and 120 posts to Buncrana.

According to the Progress Report to the Minister for Finance on 30 June 2005, the indicative construction start date in both cases is end 2007 and the construction completion date is early 2009 for Buncranna and mid-2009 for Donegal Town.

The Office of Public Works (OPW) has been charged with securing accommodation in the decentralised locations and is proceeding to do so.

Denis Naughten

Question:

150 Mr. Naughten asked the Minister for Social and Family Affairs the status of the decentralisation to Carrick on Shannon; the timetable for completion of the move; and if he will make a statement on the matter. [18987/06]

Minister for Social and Family Affairs (Mr. Brennan)

Under the Government decentralisation programme announced in Budget 2004, the Department is to relocate 220 posts to Carrick-on-Shannon. The Decentralisation Implementation Group (DIG) report to the Minister for Finance on 19 November 2004 recommended those locations and organisations to be included in the first phase of moves, and those to be regarded as potential early movers. In the case of this Department, Sligo and Drogheda were included in the first phase and Carrick-on-Shannon was recommended as a location to be considered as an early mover.

The Office of Public Works commenced the process of identifying suitable accommodation in the town and it was decided to pursue a two phased approach to decentralisation to Carrick-on-Shannon.

Phase one will involve some 130 posts and a building is scheduled to be ready for occupation in early 2007. The Department expects to be ready to commence the relocation of staff to Carrick-on-Shannon at this time.

Departmental Offices.

Denis Naughten

Question:

151 Mr. Naughten asked the Minister for Social and Family Affairs the plans he has to close down the Regional Office of his Department based in Longford; and if he will make a statement on the matter. [18988/06]

Minister for Social and Family Affairs (Mr. Brennan)

My Department reviews on a continuing basis the organisational arrangements for the delivery of its services, to meet the changing demands of customers, to avail of the benefits of new technology and to accommodate changes such as decentralisation. Over the next twelve months, my Department will be required to assign and redeploy a number of staff at Principal level to address requirements arising from decentralisation, new work and retirements.

In this context it has recently been decided to realign the regional boundaries which will also involve a reduction in the overall number of regions. My Department has decided to subsume the Midlands region into a number of contiguous regions as the initial phase of a process of re-organising the regional structure.

The second phase of this reorganisation which will be implemented in 2007, will involve the consolidation of the three Dublin regions into two regions.

The Regional Manager in the Midlands region has been re-assigned to the Social Welfare Services Office in Longford and the other four staff in the Regional Office will also be re-assigned in Longford. This re-organisation will not affect the work location of staff generally or their day-to-day functions but it will result in a new reporting management structure in a number of instances. Arrangements are being put in place currently to ensure that the new management structures are quickly put in place.

Service delivery to customers will not be affected in any way and the existing range of services provided in the Midlands will be maintained.

Social Welfare Code.

John Deasy

Question:

152 Mr. Deasy asked the Minister for Social and Family Affairs the reason pensioners in receipt of a reduced contributory pension are only granted 50 per cent of the budgetary increases; to give details of the cost to the Exchequer of a 100 per cent increase in a full year; and if he will make a statement on the matter. [18996/06]

Minister for Social and Family Affairs (Mr. Brennan)

In order to qualify for the maximum rate of the old age (contributory) pension a person must, amongst other qualifying conditions, achieve a yearly average of at least 48 contributions paid or credited on their social insurance record. Reduced pensions are paid to those with yearly averages as low as 10 contributions and arrangements are also in place for the payment of pro-rata pensions to those with mixed rate insurance records or contributions from different countries.

Reduced rate or pro-rata pensions are paid at a fixed percentage of the full rate payment and, in order to ensure that the differential between the various rates is maintained, budget increases are also applied on a pro-rata basis. Applying the full budgetary increase to those with reduced payments would erode the differentials which exist and which are intended to reflect the level of contribution which a person has made to the social insurance fund. The cost of applying the full budgetary increase to all contributory pensioners aged 66 and over is estimated at €34.5 million in a full year.

Social Welfare Benefits.

Bernard J. Durkan

Question:

153 Mr. Durkan asked the Minister for Social and Family Affairs the reason rent support was reduced in September 2005 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19007/06]

Minister for Social and Family Affairs (Séamus Brennan)

The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the Community Welfare division of the Health Service Executive. Neither I nor my Department has any function in relation to decisions on individual claims.

The Health Service Executive has been contacted concerning this case and has advised that the rate of rent supplement payable to the person concerned has not changed since it was last reviewed in February 2005. The Executive further advise that her current liability towards her rent supplement is calculated at €13 per week, the minimum contribution payable.

Airport Development Projects.

Olivia Mitchell

Question:

154 Ms O. Mitchell asked the Minister for Transport if he has satisfied himself that the revised and enlarged plans for the Dublin Airport passenger terminal leaves sufficient land and airside space for future air cargo needs here; and if he will make a statement on the matter. [18913/06]

Minister for Transport (Mr. Cullen)

I have been informed by the Dublin Airport Authority that the requirements of current and future air cargo needs are being taken fully into account in the planning for the new terminal.

Ministerial Responsibilities.

Joan Burton

Question:

155 Ms Burton asked the Minister for Transport the functions which have been delegated to each Minister of State at his Department; the date on which the relevant order was made; and if he will make a statement on the matter. [18927/06]

Minister for Transport (Mr. Cullen)

The principal functions for which Minister of State Pat the Cope Gallagher TD has day-to-day responsibility are as follows:

•Maritime Safety

•Ports

•Relations with the Road Haulage Sector

•The Rural Transport Initiative

•Transport accessibility and the Department's Disability Action Plan

•Strategy on ITS (Intelligent Transport Systems)

•North/ South issues

•EU issues.

In addition, the Minister of State will be actively involved in road safety matters, and is a member of the Ministerial Committee on Road Safety.

Traffic Management.

Olivia Mitchell

Question:

156 Ms O. Mitchell asked the Minister for Transport his views on allowing access for hackney drivers to the bus lane network; and if he will make a statement on the matter. [18936/06]

Minister for Transport (Mr. Cullen)

The use of bus lanes is provided for in the Road Traffic (Traffic & Parking) Regulations 1997 and 1998. The primary purpose of bus lanes is to facilitate and promote bus based public transport. Having regard to the role of taxis in providing an on-street immediate hire service, an exemption to the restriction relating to the use of with-flow bus lanes is allowed in respect of taxis when they are being used in the course of business. I have no plans to extend the use of bus lanes to hackneys.

National Car Test.

Olivia Mitchell

Question:

157 Ms O. Mitchell asked the Minister for Transport if in view of the concerns expressed by the Competition Authority regarding the ten year exclusive nature of the national car testing service contract, he intends to significantly vary the contract or at least ensure ongoing Departmental supervision in the form of spot checks; and if he will make a statement on the matter. [18937/06]

Minister for Transport (Mr. Cullen)

The award of the car testing contract to National Car Testing Service Limited (NCTS) was made on foot of a public tender competition run in accordance with EU public procurement rules set down in Directive 92/50/EEC. Under the contract, NCTS is required to meet a range of performance standards for the service. My Department monitors the performance of NCTS to ensure that it delivers the service to the required standard. To assist the Department in that function a Supervision Services Contractor (a consortium involving PricewaterhouseCoopers and the Automobile Association with engineering, financial, legal, IT and operational expertise) has been engaged and is working to an agreed programme for the Department. The programme provides, inter alia, for regular reviews of the performance of vehicle testers and the carrying out of spot checks, without any advance warning, on a representative sample of cars that have just undergone the NCT. The programme ensures that the car testing service is comprehensively monitored and supervised. I am satisfied that the Company is meeting the performance standards set for the service in the contract. Subject to continuing satisfactory performance of the car testing service, the contract with NCTS will continue for the contracted duration, until 31 December 2009.

The question of the car testing arrangements post-2009 will be a matter for Government to decide in due course. The views of the Competition Authority will be considered carefully in the preparation of proposals for Government on the succession arrangements to apply after December 2009.

Road Traffic Offences.

Eamon Gilmore

Question:

158 Mr. Gilmore asked the Minister for Transport the number of prosecutions which have been brought against the operators of passenger coach services for breaches of tachograph regulations over the past five years; the number which have been heard in court; and the breakdown of the outcome. [18973/06]

Minister for Transport (Mr. Cullen)

For the purposes of tachograph regulations, my Department deals with passenger services generally and does not have a breakdown between coach services, school transport or private hire. Council Regulation (EEC) No. 3820/85 exempts regular services operating within a 50 km radius from its provision. Tachograph regulations are enforced by both Garda and Transport Officers of my Department and prosecutions are taken by both. I am not, therefore, in a position to supply the statistics requested. This would be a matter for the Courts Services.

Decentralisation Programme.

Denis Naughten

Question:

159 Mr. Naughten asked the Minister for Transport the status of the decentralisation of the Railway Safety Commission and the National Roads Authority to Ballinasloe; the timetable for completion of the move; and if he will make a statement on the matter. [18986/06]

Minister for Transport (Mr. Cullen)

I refer the Deputy to my previous answer to Dáil Question No. 471, answered on Tuesday 25 April, 2006 where I set out the full position.

Under the decentralisation programme there are 90 posts in the National Roads Authority (NRA) and 20 posts in the Railway Safety Commission due to decentralise to Ballinasloe. Implementation issues, including the identification of accommodation, are being pursued by the agencies themselves. The table shows the number of applications received for each Agency.

Agency/Section	No. of Posts to decentralise	CAF Applicants
		Civil Servants	Public Servants
National Roads Authority (Ballinasloe)	90	59 (external) 1 (external)	6 (internal)
Railway Safety Commission (Ballinasloe)	20	4 (external)	2 (external)

The NRA and the RSC have not been identified by the Decentralisation Implementation Group as early movers.

Road Traffic Offences.

Bernard J. Durkan

Question:

160 Mr. Durkan asked the Minister for Transport if the period of disqualification from driving has expired in the case of a person (details supplied) in Dublin 6 who is anxious to re-apply for a licence; and if he will make a statement on the matter. [19005/06]

Minister for Transport (Mr. Cullen)

Under the Road Traffic Act, 1961 and the Road Traffic (Licensing of Drivers) Regulations, 1999 to 2004, it is a matter for the appropriate licensing authority to determine the eligibility of a person for a driving licence, and to issue licences.

Ministerial Responsibilities.

Joan Burton

Question:

161 Ms Burton asked the Minister for Community, Rural and Gaeltacht Affairs the functions which have been delegated to each Minister of State at his Department; the date on which the relevant order was made; and if he will make a statement on the matter. [18928/06]

Minister for Community, Rural and Gaeltacht Affairs (Éamon Ó Cuív)

While Minister of State Noel Ahern T.D. has operational responsibility for Drugs Strategy, Community Affairs, Dormant Accounts and Charities Regulation, I have not made any formal delegation order.

Food Labelling.

Mary Upton

Question:

162 Dr. Upton asked the Minister for Agriculture and Food the progress made regarding substantial transformation of food products; if the Commission has published a consultation paper on the matter; and if she will make a statement on the matter. [18939/06]

Minister for Agriculture and Food (Mary Coughlan)

"Substantial transformation" is a procedure used in normal business operations to allow operators to declare goods as being manufactured in the country where considerable processing has taken place. I am very concerned that this practice might be used to mislead consumers as to the origin of the product. I have raised this issue directly with the Commission on a number of occasions and indeed have been in contact with the EU Commissioner for Health and Consumer Protection, Mr. Kyprianou again earlier this year about the matter. Subsequently the Commission decided to review EU labelling. In this context the Commission recently published a consultative document on "Labelling: Competitiveness, Consumer Information and Better Regulation in the EU" and invited Member States for submissions by mid June 2006. My Department is currently preparing a submission in which we will again raise this matter.

Grant Payments.

Denis Naughten

Question:

163 Mr. Naughten asked the Minister for Agriculture and Food the steps she is taking to ensure the maximum possible uptake of the farm waste management grants; and if she will make a statement on the matter. [18946/06]

Minister for Agriculture and Food (Mary Coughlan)

Following receipt of the required EU approval, the revised Farm Waste Management Scheme was launched by my Department on 24 March 2006. Application forms, together with the accompanying terms and conditions, are available from the local Agricultural Environment and Structures (AES) offices of my Department and are also available on my Department's website.

The principal changes to the Scheme include (a) an increase in the standard grant-rate from 40% to 60%, with 70% being available in the four Zone C counties; (b) an extension of the Scheme for the first time to sectors such as horses, deer, goats, pigs and poultry, and mushroom compost; (c) the removal of any minimum income requirements from farming from the Scheme so that all small farmers can participate in the Scheme; and (d) an increase in the maximum eligible investment from €75,000 to €120,000 per holding.

Since the introduction of the new Scheme, a substantial information programme has been implemented by officials of my Department in order to ensure that farmers and agricultural planners are fully aware of the benefits of the new Scheme. As the Scheme closes for applications at the end of 2006, I have also arranged that applications will be accepted by my Department as soon as any required planning permission has been applied for to the relevant local authority. I am glad to be able to confirm that these amendments to the Scheme have resulted in a massive increase in uptake by farmers under the Scheme, with over 2,000 applications already having been received during the first seven weeks of the Scheme compared to just over 3,000 in the whole of the 2005 calendar year.

Animal Diseases.

Denis Naughten

Question:

164 Mr. Naughten asked the Minister for Agriculture and Food the steps she is taking to introduce an all-island animal health regime; and if she will make a statement on the matter. [18947/06]

Minister for Agriculture and Food (Mary Coughlan)

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

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

The programme of work mandated by the NSMC to agree a common animal health and welfare strategy for the island has been taken forward by nine working groups at official level. The remit of these groups includes TB and Brucellosis, TSEs (BSE and Scrapie), veterinary medicines, other Zoonoses and animal diseases, disease surveillance, animal welfare, import and export of live animals and animal products, animal identification, traceability and cross-border aspects of fraud.

These working groups meet regularly and their work has focused on three main themes: common or equivalent controls at points of entry to the island; convergence of internal animal health policies; and development of joint strategies for the control of animal disease. The main achievements to date are the development of a co-ordinated and complementary approach towards import policies and portal controls at points of entry to the island, the convergence of policies in regard to animal identification and Scrapie and the strengthening of co-ordination and co-operation between both administrations on a variety of issues such as FMD, BSE and cross-border fraud. These groups continue to report progress in exchange of information and in implementation of initiatives aimed at policy convergence and the development of a common unified strategy for the island as a whole.

It must also be recognised that the achievement of such an all-island animal health strategy involves complex dialogue and negotiation over a range of areas between the Irish, Northern Irish and British authorities. Ultimately, the agreement of the European Union will be required. In addition to the above, there has been a significant deepening and strengthening of co-operation, information exchange and ongoing co-ordination between the two administrations on a variety of issues such as FMD, BSE, Avian Influenza and cross-border fraud while the Farm Animal Welfare Advisory Council includes representation from the Department of Agriculture and Rural Development, (DARD). DARD was also represented at a recent meeting of the Avian Influenza Advisory Group and will also be represented at future meetings of the Group which indicates the collaborative approach taken by Dublin and Belfast in relation to challenges ahead. On cross-border fraud, the two administrations have worked together successfully in a number of joint enforcement actions and ongoing exchanges of expertise and information are taking place.

In relation to the EU decision to lift the BSE ban on exports from the United Kingdom from 3 May 2006, arrangements have been agreed and put in place between our two administrations to facilitate the trade of cattle from Northern Ireland for slaughter, breeding and production.

Farmers’ Markets.

Trevor Sargent

Question:

165 Mr. Sargent asked the Minister for Agriculture and Food if she will capitalise on the heightened awareness of the potential for direct sales of farm produce following the popular campaign to have farmers and the wider community exercise traditional market rights before 1 May 2006 in towns and villages and some designated crossroads throughout the country; and if she will meet with the Department of the Environment, Heritage and Local Government to establish a programme of re-establishing such community run farmers’ markets. [18994/06]

Minister for Agriculture and Food (Mary Coughlan)

The Casual Trading Act 1995 gives local authorities responsibility in matters of market rights. Section 7 of the Act provided for a 10 year time-frame within which market rights could be revived, even if these had not been used for some time. Some have been exercised recently.

I do believe that farmers markets represent an important route to market and a real growth opportunity for farmers and small-scale food producers. Farmers Markets initiatives provide producers with direct access to consumers, assist the development of local and regional speciality foods, and present consumers with an alternative retail experience. There are also a variety of indirect benefits in terms of community spirit, increased employment and added value for tourism.

An Bord Bia, which operates under the aegis of my Department, works closely with other State and local agencies to exploit the growing opportunities for markets. In co-operation with Invest Northern Ireland, they have published a comprehensive information guide on the operation of farmers markets. Bord Bia has a dedicated person in the Small Business Department to assist producers and individuals, and performs a vital support function through the provision of advice and mentoring assistance as well as creating awareness of their potential contribution to the local economy.

Bord Bia established the very successful "Food at Farmleigh" programme which has tens of thousands of visitors each year. This year, the programme will be extended on a one day seasonal basis to five regional Heritage sites in Cork, Wexford, Kildare, Donegal and Laois. This is one example of ways in which food and tourism can be merged at local level. I have been delighted to hear that the first seasonal market at Fota Island Cork, where Bord Bia worked closely with the Office of Public Works and local interests, has stimulated the holding of fortnightly markets in that location.

There are over 100 such markets operating throughout the country at present, with numbers growing each week. I have been invited to officiate at the opening next Saturday, of a Food and Craft Market in Donegal town, which is run by community groups from both Donegal and Strabane and I wish them every success with this very worthwhile project. The diversity in structure of such markets, whether public, private sector or community based, is a measure of their responsiveness to local circumstances. No one template will suit all areas or all crossroads.

Environmental Policy.

Trevor Sargent

Question:

166 Mr. Sargent asked the Minister for Agriculture and Food if an assurance will be given that the moratorium on clearfelling in catchments with Margaritifera will remain until an appropriate assessment has been undertaken under Article 6 (3) of the Habitats Directive and that the opinion of the general public will be obtained as part of this process. [18890/06]

Minister for Agriculture and Food (Mary Coughlan)

The freshwater pearl mussel is protected under the Habitats Directive (92/43/EEC) and the Wildlife Acts (1976, amended in 2000). This species is currently in decline throughout Europe with sedimentation and nutrient enrichment contributing significantly to this decline.

My Department has established a Steering Group comprising representatives of the Forest Service, National Parks and Wildlife Service and Coillte with the remit of examining the impact of forestry operations on the freshwater pearl mussel catchments areas and to draw up operational guidelines. A Technical Working Group was established which has now submitted draft guidelines to the Steering Group for consideration. The management of tree felling within such areas is an important element of the guidelines. It is intended that public consultations will take place before the draft guidelines are published.

In the meantime, a moratorium has been in place on clearfelling in all cases advised to my Department by the National Parks and Wildlife Service as sensitive for the pearl mussel. It is my intention that a moratorium will remain in place until such time as the guidelines are agreed and the public consultation process is concluded.

Afforestation Programme.

Trevor Sargent

Question:

167 Mr. Sargent asked the Minister for Agriculture and Food if the review of forestry legislation will include review of the principle object of Coillte Teo, which is defined in the Forestry Act 1988 as to carry on the business of forestry on a commercial basis, in view of the fact that this country has assured the United Nations and the European Commission that it is practising sustainable forestry which requires equal consideration of social and environmental factors. [18891/06]

Trevor Sargent

Question:

168 Mr. Sargent asked the Minister for Agriculture and Food if environmental non-governmental organisations will have direct representation nominated by themselves on the consultative group for the review of forestry legislation being undertaken by her forest service. [18892/06]

Trevor Sargent

Question:

169 Mr. Sargent asked the Minister for Agriculture and Food if she will make the full and complete minutes of the Consultative Group on Forestry Legislation publicly available on her Department’s website. [18893/06]

Minister for Agriculture and Food (Mary Coughlan)

I propose to take Questions Nos. 167 to 169, inclusive, together.

It is not my intention to include a review of Coillte in the present review of forestry legislation. Coillte Teoranta was established as a private company by virtue of the Forestry Act, 1988 and while it is expected to conduct its business in a cost effective and efficient manner, it is also obliged to have due regard to the environmental and amenity consequences of its operations.

Coillte has a critical role to play in the further development of Irish forestry and I am determined to see it play that role to best advantage. Coillte has achieved a high standard of international certification for its forest-management, in accordance with strict social, environmental and economic criteria. This certification is awarded by the international NGO, the Forest Stewardship Council. I think it is also important to note that Coillte operates an open-forest policy, encouraging and facilitating the use of its forests by locals and visitors alike, providing car-parks, routeways, signage and other facilities.

The Consultative Group on Forestry legislation has been set up to be as representative as possible of the very broad range of interests and organisations active in the sector. To that end, one representative each was sought from the industry, the local authorities, the forestry NGOs, the National Parks and Wildlife Service, research and development interests, and the IFA. The Group has almost finished its work and it is not proposed at this stage to add new members. However, written submissions were sought by public advertisement, with some 26 received, including a number from environmental NGOs. In addition, my Department has recently hosted a seminar, under independent chair, for those who had made written submissions to afford each an opportunity to present their case and to participate in wider debate on the changes required to forestry legislation. I believe that a very open and inclusive consultative process has been developed, which will greatly assist with the drafting of the new forestry Bill.

As regards the minutes of the Group, it would not be usual to make such minutes available while discussions are actually continuing, and it was an explicit decision of the Group itself to proceed on that basis. It would be my intention, however, to make these minutes available in due course and in the normal manner. In the meantime, the Group publishes a bulletin after each of its meetings on a dedicated web-page hosted by my Department. These bulletins summarise the discussion, identifying the key points under debate, and the progress of agreement reached. These bulletins provide an accurate record of each meeting and one which is freely available to anybody interested in the legislative review.

Freedom of Information.

Trevor Sargent

Question:

170 Mr. Sargent asked the Minister for Agriculture and Food the outcome of examinations being carried out on the question of Coillte becoming included as an organisation covered by Freedom of Information legislation; and if she will make a statement on the matter. [18916/06]

Minister for Agriculture and Food (Mary Coughlan)

This matter is still under review but my Department expects to be in a position to conclude its examination of the issue in the near future.

Ministerial Responsibilities.

Joan Burton

Question:

171 Ms Burton asked the Minister for Agriculture and Food the functions which have been delegated to each Minister of State at her Department; the date on which the relevant order was made; and if she will make a statement on the matter. [18929/06]

Minister for Agriculture and Food (Mary Coughlan)

Mr. Brendan Smith T.D. Minister of State, was given special responsibility for Food and Horticulture and additional responsibilities for the following work areas:

•Development of the Food Industry

•Monitoring of the Food Industry under the National Development Plan

•Local Slaughter Houses

•Livestock Breeding

•Horticulture/Plant Health/Organic Production / Animal Feedingstuffs

•Early Retirement Scheme.

Statutory Instrument S.I. No. 779 of 2004 setting out the powers and duties delegated by me to Minister Smith was signed by the Taoiseach on 23 November 2004.

Ms Mary Wallace T.D. Minister of State was given special responsibility for Forestry, Animal Health and Welfare and Customer Care. A draft order delegating statutory powers and duties in relation to the following areas will be shortly presented by me to the Government:

•Animal Health and Welfare

•Bovine Tuberculosis Eradication Programme

•Brucellosis Eradication Programme

•Bovine Tagging and Registration

•National Beef Assurance Scheme

•Forestry.

Grant Payments.

Jimmy Deenihan

Question:

172 Mr. Deenihan asked the Minister for Agriculture and Food the reason installation aid was not awarded to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [18934/06]

Minister for Agriculture and Food (Mary Coughlan)

My Department has no record of receiving an application for aid under the Installation Aid Scheme from the person concerned.

Ministerial Appointments.

Paul Kehoe

Question:

173 Mr. Kehoe asked the Minister for Agriculture and Food the committees to which she has a right to appoint members; the person appointed; and the date of such appointments. [18935/06]

Minister for Agriculture and Food (Mary Coughlan)

The position with regard to appointments to the boards of statutory or State bodies under the aegis of my Department and other Ministerial appointments is as shown in the tables.

An Bord Bia
Name		Date of Appointment
Ms Angela Kennedy	Chairman	2 February 2005
Noel Cawley	Ordinary member	9 July 2003
Bríd Rodgers	Ordinary member	31 December 2003
Dan Browne	Ordinary member	31 December 2003
Joseph Hyland	Ordinary member	2 February 2005
Ray Carolan,	Ordinary member	2 February 2005
Mary J. Byrne	Ordinary member	1 February 2006
Pádraig Walshe	Ordinary member	1 February 2006
Mel O’Rourke	Ordinary member	1 February 2006
Mr. John Malone	Ordinary member	2 February 2005
Mr. Jackie Cahill	Ordinary member	1 February 2006
Michael Kilcoyne	Ordinary member	1 February 2006
Gina Quin	Ordinary member	31 December 2003
Kieran Dunne	Ordinary member	14 September 2004
Katherine O’Leary	Ordinary member	15 September 2004

Teagasc Authority

Of the 11 member Teagasc Authority the Chairman and five ordinary members are appointed by the Minister and five ordinary members are appointed by the Minister on the nomination of outside organisations.

Person Appointed	Nominee	Date of appointment
Dr. Tom O’ Dwyer (Chairman)	Ministerial	*15 Sept 2003
Prof. Patrick Fottrell	Ministerial	*24 Sept 2002
Ms Anna May McHugh	Ministerial	18 April 2002
Mr. Jerry Henchy	Ministerial	12 Nov. 2003
Mr. James J Brett	Ministerial	18 April 2002
Mr. James Beecher	Ministerial	*24 Sept 2002
Mr. Derek Deane	IFA	2 May 2006
Mr. Michael O’ Dwyer	ICOS	*15 Sept 2003
Mr. Patrick Kelly	Macra na Feirme	15 Sept 2003
Mr. Stephen Flynn	Teagasc Unions	1 July 2004
Mr. Joe Fitzgerald	ICMSA	5 Oct 2001

*Reappointed to Board on this date

Coillte Teoranta
Name	Date appointed
Brendan McKenna (Chairperson)	26/6/2002
Martin Lowery	26/6/02
Sinéad Leech	26//6/02
Breffni Byrne	7/8/2002
Richard Howlin	14/5/98 (re-appointed from 14th May 2003)
Frank Toal	29/7/03
Philip Lynch	15/4/2004
Gráinne Hannon	15/4/2004
Eugene Griffin	1/1/2006

The National Council for Forest Research and Development (COFORD)
Name	Date of appointment
David Nevins (Chairperson)	8 Oct 1998
Diarmuid McAree	21 June 1999
Michael Bulfin	2 July 1999
John J. Gardiner	2 July 1999
John McCarthy	2 July 1999
George Whelan	2 July 1999
Angela Coffey	7 July 1999
Michael Lynn	7 July 1999
Malcolm Beatty	30 Sept 1999
Pat Lehane	7 March 2000
Donal Fitzpatrick	22 August 2000
Pat Rath	27 March 2002
Mary McMahon	30 August 2002
Gerard Murphy	26 September 2002

The Irish National Stud

The National Stud Act, 1976 provides for the appointment of the Chairman and other Directors of the Irish National Stud Company Ltd. by the Minister for Agriculture and Food after consultation with the Minister for Finance. The table outlines details in respect of current board members.

Name	Address	Date of Appointment
Lady O’Reilly (Chairperson)	Castlemartin Kilcullen County Kildare	07 August 2003
Mr. Tony Smurfit	Forenaghts Naas County Kildare	07 August 2003
Mr. Shane Broderick	Cullagh Rathcabbin Roscrea Co Tipperary	08 November 2005
Mr. Dermot Weld	Rossewell House The Curragh Co. Kildare	09 September 2004
Ms Patricia O’Kelly	Kilcarn House Navan Co. Meath	09 September 2004
Mr. John Osborne	Tipper House Stud Tipper Naas County Kildare	08 November 2005
Mr. Jim Beecher	Department of Agriculture and Food Kildare St. Dublin 2	13 November 2002

National Milk Agency

The Board of the National Milk Agency is comprised of a part-time Chairman and thirteen ordinary members. Of the thirteen ordinary members, five are elected by the milk producers registered with the Agency and the others are nominated by various interest groups involved in the milk industry. The only member whose appointment is at my discretion is the Chairman and the current Chairman (Mr. Denis Murphy) was first appointed in 1994.

Milk Quota Appeal Tribunal

The Minister may appoint members to the Milk Quota Appeals Tribunal. The Tribunal is a non-statutory body established in 1990 to examine applications from individual producers in relation to difficulties arising from the implementation of the milk quota regime and make recommendations to the Minister in respect of those matters. Earlier this year, the Minister appointed Mr. Michael Murphy to the Tribunal. The other members of the Tribunal had been appointed by previous Ministers.

Irish Horse Board Co-operative Society Ltd

The rules of the IHB Co Op allow for three appointments by the Minister, but at present there are only two Ministerial appointees.

Appointees and Dates of Appointment
Jim Beecher	July 1992
Joe Walsh, TD	Sept 2005

The Irish Cattle Breeding Federation

The Irish Cattle Breeding Federation (ICBF) is a company limited by shares. There is provision in their Rules for the appointment of one board member by the Minister for Agriculture and Food. Mr. Dave Beehan of my Department was appointed to the board of ICBF on the 13th May 2004.

Veterinary Council

Under Section 16 of the Veterinary Practice Act 2005, the Minister appointed 19 members to the new Veterinary Council of Ireland on the 21 December 2005 which became effective from 1 January 2006. This was the first Council appointed under the new legislation governing the veterinary profession which came into force on 1 January 2006.

Ten of the appointments were made until such time as elections are held by the Council as provided for under Section 18 of the Veterinary Act 2005.

Appointees

Barbara Bent SPCA Wexford

John O'Rourke

Seamus Quinn

Patrick J Rogan MVB MRCVS

Donal Connolly MVB MRCVS CertVPH(MH)

Thomas Hanley MVB MRCVS

Denis D Healy MVB MRCVS

Frank J McRory MVB MRCVS

Melanie O'Donoghue RCVS VN,

Timothy F O'Leary MVB MRCVS

Meta Osborne MVB CertESM MRCVS

John A Strumble MVB MRCVS

Patrick J Talty MVB MA MRCVS

Lindy Vaughan MVB PhD DBR MRCVS CertVRep Dip ECAR Dip IECAR

Professor Boyd R. Jones, Dean of Veterinary Medicine, UCD School of Agriculture, Food Science and Veterinary Medicine

Dr. Finbar Mulligan MAgrSc, PhD, UCD School of Agriculture, Food Science and Veterinary Medicine

Dr. Cliodhna Foley-Nolan MB MPH FFPHMI DCH DObs,

Professor Grace Mulcahy, Head of the Veterinary Microbiology and Parasitology Dept UCD

Brid O'Connor Assistant Director at the Office of Director of Consumer Affairs.

Consumer Liaison Panel

The Consumer Liaison Panel of the Department is comprised of nominees from the following organisations:

Consumers Association of Ireland

Irish Countrywomen's Association

Irish Congress of Trade Unions

Musgraves/Super Valu/Centra.

Retail Grocery, Dairy & Allied Traders Association

Superquinn

Tesco Ireland.

Voluntary & Community Sector Platform

The Minister appointed Ms Marian Finucane as chairperson on 26 July 2004 following the resignation of Ms Mairead McGuinness from the position.

Animal Health.

Denis Naughten

Question:

174 Mr. Naughten asked the Minister for Agriculture and Food the steps which she is taking to introduce an all-island animal health regime; and if she will make a statement on the matter. [18976/06]

Minister for Agriculture and Food (Mary Coughlan)

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

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

The programme of work mandated by the NSMC to agree a common animal health and welfare strategy for the island has been taken forward by nine working groups at official level. The remit of these groups includes TB and Brucellosis, TSEs (BSE and Scrapie), veterinary medicines, other Zoonoses and animal diseases, disease surveillance, animal welfare, import and export of live animals and animal products, animal identification, traceability and cross-border aspects of fraud.

These working groups meet regularly and their work has focused on three main themes:

•Common or equivalent controls at points of entry to the island;

•Convergence of internal animal health policies; and

•Development of joint strategies for the control of animal disease.

The main achievements to date are the development of a co-ordinated and complementary approach towards import policies and portal controls at points of entry to the island, the convergence of policies in regard to animal identification and Scrapie and the strengthening of co-ordination and co-operation between both administrations on a variety of issues such as FMD, BSE and cross-border fraud. These groups continue to report progress in exchange of information and in implementation of initiatives aimed at policy convergence and the development of a common unified strategy for the island as a whole.

It must also be recognised that the achievement of such an all-island animal health strategy involves complex dialogue and negotiation over a range of areas between the Irish, Northern Irish and British authorities. Ultimately, the agreement of the European Union will be required.

In addition to the above, there has been a significant deepening and strengthening of co-operation, information exchange and ongoing co-ordination between the two administrations on a variety of issues such as FMD, BSE, Avian Influenza and cross-border fraud while the Farm Animal Welfare Advisory Council includes representation from the Department of Agriculture and Rural Development, (DARD). DARD was also represented at a recent meeting of the Avian Influenza Advisory Group and will also be represented at future meetings of the Group which indicates the collaborative approach taken by Dublin and Belfast in relation to challenges ahead. On cross-border fraud, the two administrations have worked together successfully in a number of joint enforcement actions and ongoing exchanges of expertise and information are taking place.

In relation to the EU decision to lift the BSE ban on exports from the United Kingdom from 3 May 2006, arrangements have been agreed and put in place between our two administrations to facilitate the trade of cattle from Northern Ireland for slaughter, breeding and production.

Farm Incomes.

Denis Naughten

Question:

175 Mr. Naughten asked the Minister for Agriculture and Food the steps she is taking to protect dairy farmers' incomes; and if she will make a statement on the matter. [18977/06]

Minister for Agriculture and Food (Mary Coughlan)

Dairy farmers' incomes are made up of the market price paid for milk and direct income support and are influenced by the level of scale and efficiency of individual farm enterprises. The price of milk paid to dairy farmers is a commercial matter between milk producers and milk purchasers and I have no direct role in this area. Milk prices are influenced by a number of factors both internal and external. These include the structure of our domestic dairy operations, the prices paid in international markets for dairy products, the type and final destination of product and the overall operation of the EU market support mechanisms.

The Luxembourg Agreement in 2003 provided that the intervention price for milk products would reduce in the period 2004-2007 and these reductions would be compensated by the introduction of a direct payment. This compensation amounted to 1.2 cent per litre or €60m in 2004, 2.4 cent per litre or €120m in 2005 and 3.6 cent per litre equivalent to €180 million in 2006. This payment, taken together with the market value of milk has resulted in a higher return for dairy farmers up to now.

At EU level, I have consistently challenged the pace and level of reduction in support level implemented by the Commission. In my view it is crucially and strategically important that the EU consolidates its international market share while challenging competition on its domestic market. I have urged the Commission to maintain a competitive combination of aids and subsidies to achieve these objectives.

At national level I strongly believe that if the dairy sector is to maintain a competitive position we must look at increasing the scale of operations, reducing costs where possible, and encouraging a profitable future in the sector based on market returns. The Luxembourg Agreement envisages the retention of milk quotas until March 2015, though a review will take place in 2008. While EU quotas impose an absolute limit on scale at producer level, they will remain in place for the foreseeable future and we need to plan the future within this framework. It is clear to me that progressive dairy farmers recognise that in order to maintain a viable income from their dairy enterprises they will have to increase efficiency and enlarge their holdings.

Bearing these developments in mind, I recently announced changes to the Milk Quota system for 2007 and beyond. These changes are aimed at better meeting the future needs of the industry. I am currently consulting with the main stakeholders in order to agree a more market based system that will deliver the type of structure that will best contribute to more competitive milk production in Ireland.

Animal Diseases.

Denis Naughten

Question:

176 Mr. Naughten asked the Minister for Agriculture and Food the steps she is taking to protect herds against botulism; and if she will make a statement on the matter. [18978/06]

Minister for Agriculture and Food (Mary Coughlan)

Botulism is not a notifiable disease under the Diseases of Animals Acts. However, samples from animals may be submitted for testing to my Department's Central Veterinary Laboratory or Regional Veterinary Laboratories at the discretion of a Private Veterinary Practitioner or on request by a herdowner through a Private Veterinary Practitioner.

Bovine Botulism can be contracted through contact with contaminated decomposing organic material such as poultry litter which contains poultry carcass material when spread on land grazed by cattle.

The Animal By-Products Regulation (Regulation (EC) No. 1774/2002) allows poultry litter to be applied to land under certain conditions. Under this Regulation, the manager of a poultry unit is obliged to remove carcasses from poultry litter and to send these to an approved plant for rendering.

In 2005, my Department wrote to dairy processors advising them about this issue and asked them to distribute to their producers an information/advisory note entitled "Good Farming Practice with regard to Spreading Poultry Litter on Land". Poultry processors were also circulated with a similar information/advisory note. An "Information Note on Botulism for Veterinary Practitioners" and "Instructions for Practitioners when dealing with Suspected cases of Botulism on Farm" were also circulated to Private Veterinary Practitioners. Copies of an information/advisory note entitled "Good Farming Practice with regard to Spreading Poultry Litter on Land" are available to farmers from District Veterinary Offices. My Department will again issue publicity on this matter in the near future.

In addition to the above, my Department's veterinary staff has held meetings with the industry to raise awareness on the issue. I believe that the poultry industry is well aware of the issues with regard to their obligations on the safe disposal of litter and carcass material in accordance with EU Regulation 1774/2002. Indeed, sections of the industry have been very proactive in dealing with this issue and have adopted good practice procedures.

My Department will be undertaking random inspections on poultry producers' premises to ensure that the necessary procedures are being followed. Where there is evidence that this is not the case, the Department can require that all poultry litter from those premises be sent for rendering.

While humans may be affected by botulism, the specific toxins implicated in the conditions in humans are not those normally associated with the condition in cattle. It is also generally accepted that humans are resistant to the types of toxin that affect cattle. Furthermore, these toxin types are poorly absorbed from the gastrointestinal tract and the toxins themselves are inactivated by heat treatment. The risk to human health from the consumption of milk or meat from cattle on farms with cases of botulism therefore appears to be remote. However, as a precautionary measure, farmers are advised to wear gloves, to wash their hands thoroughly after handling poultry litter and to avoid unnecessary contact with the material.

Grant Payments.

Denis Naughten

Question:

177 Mr. Naughten asked the Minister for Agriculture and Food the plans she has for the single farm payment modulation fund; and if she will make a statement on the matter. [18979/06]

Minister for Agriculture and Food (Mary Coughlan)

Article 10 of Council Regulation (EC) No. 1782/2003, which established the common rules for the Single Payment Scheme, provides for a Modulation fund, to be established by reducing SPS payments by 3% in 2005, 4% in 2006 and 5% in 2007 and subsequent years. While deductions for modulation are required to be made from all Scheme beneficiaries, a refund is due to each farmer in respect of the deductions made from the first €5,000 paid under the Single Payment Scheme. It is my intention that these refunds will be made during June 2006.

Animal Carcase Disposal.

Denis Naughten

Question:

178 Mr. Naughten asked the Minister for Agriculture and Food the procedures which are in place at each regional veterinary laboratory to dispose of carcasses after analysis; and if she will make a statement on the matter. [18980/06]

Minister for Agriculture and Food (Mary Coughlan)

Carcasses for disposal at each of my Department's five regional veterinary laboratories are deemed to be animal by-products and are governed by the provisions of Regulation (EC) 1774/2002. They are classed as Category 1 high risk material and are placed in on-site skips, which are covered at all times. The skips are clearly marked Category 1 for disposal only. The skips are transported to one of the four Department approved Category 1 Rendering Plants in the country and the movement of the carcasses is covered by means of a Commercial Document, which contains all relevant information relating to the contents of the skip, the consignor and consignee. The removal of the skips takes place at least once per week, and more often when the need demands, e.g. twice per week during the summer.

Farm Retirement Scheme.

Denis Naughten

Question:

179 Mr. Naughten asked the Minister for Agriculture and Food the steps that can be taken by an early retirement scheme participant to avoid a penalty where they transfer part of the lease holding to a family member for the construction of a house; the penalty liable in such a case for the remaining period of the scheme or for the total period of the scheme; and if she will make a statement on the matter. [18981/06]

Minister for Agriculture and Food (Mary Coughlan)

Participants in the 1994 Scheme of Early Retirement from Farming may dispose of an area of pension land up to one hectare without the requirement that it be replaced. Where the area of land in the Scheme is less than 24 hectares, or the area of land remaining after the disposal is less than 24 hectares, a reduction in pension at the rate of €301.90 per hectare is applied retrospective to the date the participant entered the Scheme.

Under the conditions of the Early Retirement (ERS2) 2000 Scheme, a participant may, subject to the agreement of his/her transferee, dispose of an area of pension land up to 2 hectares without the requirement that it be replaced, subject to the participant notifying my Department of the disposal. Irrespective of the area of land released into the Scheme, a reduction at the rate of €338.00 per hectare is applied retrospective to the participant's date of entry to the Scheme.

Under both Schemes if the area disposed of is replaced by an equal or greater area no reduction in pension is applied.

Grant Payments.

Denis Naughten

Question:

180 Mr. Naughten asked the Minister for Agriculture and Food when a person (details supplied) in County Roscommon will receive their single farm payment; and if she will make a statement on the matter. [18982/06]

Minister for Agriculture and Food (Mary Coughlan)

The person named applied to have Single Payment entitlements transferred to him by way of inheritance. My Department has now processed this application and payment amounting to €13,284.80 will issue to the applicant shortly.

Denis Naughten

Question:

181 Mr. Naughten asked the Minister for Agriculture and Food the steps she is taking to ensure the maximum possible uptake of the farm waste management grants; and if she will make a statement on the matter. [18992/06]

Minister for Agriculture and Food (Mary Coughlan)

Following receipt of the required EU approval, the revised Farm Waste Management Scheme was launched by my Department on 24 March 2006. Application forms, together with the accompanying terms and conditions, are available from the local Agricultural Environment and Structures (AES) offices of my Department and are also available on my Department's web-site.

The principal changes to the Scheme include (a) an increase in the standard grant-rate from 40% to 60%, with 70% being available in the four Zone C counties; (b) an extension of the Scheme for the first time to sectors such as horses, deer, goats, pigs and poultry, and mushroom compost; (c) the removal of any minimum income requirements from farming from the Scheme so that all small farmers can participate in the Scheme; and (d) an increase in the maximum eligible investment from €75,000 to €120,000 per holding.

Since the introduction of the new Scheme, a substantial information programme has been put in place by officials of my Department in order to ensure that farmers and agricultural planners are fully aware of the benefits of the new Scheme. As the Scheme closes for applications at the end of 2006, I have also arranged that applications will be accepted by my Department as soon as any required planning permission has been applied for to the relevant local authority.

I am glad to be able to confirm that these amendments to the Scheme have resulted in a massive increase in uptake by farmers under the Scheme, with over 2,000 applications already having been received during the first seven weeks of the Scheme compared to just over 3,000 in the whole of the 2005 calendar year.

Decentralisation Programme.

Paul Kehoe

Question:

182 Mr. Kehoe asked the Minister for Agriculture and Food if a site has been acquired in Enniscorthy, County Wexford for the proposed decentralised offices of An Bord Bia; if not, if a site has been identified; the length of time before the site will be acquired and offices ready for occupation; the expected timeframe for the decentralisation of An Bord Bia staff to these offices; the number of staff who have applied and are ready to transfer with An Bord Bia to Enniscorthy; if sufficient numbers have not applied directly from An Bord Bia, if other suitable applicants to the central applications facility have been identified and approached to decentralise to Enniscorthy; and if she will make a statement on the matter. [19015/06]

Minister for Agriculture and Food (Mary Coughlan)

The acquisition of an appropriate site for Bord Bia in Enniscorthy, Co. Wexford under the decentralisation programme is a matter for the Office of Public Works (OPW). The OPW evaluated a total of 14 proposed sites in Enniscorthy and submitted a shortlist of three to Bord Bia for consideration. Bord Bia has indicated its preference in this regard and I understand that OPW is now putting the necessary arrangements in place.

24 Bord Bia staff members have indicated a willingness to relocate to Enniscorthy as part of the decentralisation programme. An additional 47 persons from outside Bord Bia have applied for positions in Enniscorthy through the Central Applications Facility.

Issues relating to the transferability of staff between State Agencies and between the Civil Service, Public Service and State Agencies generally are being examined centrally by the Department of Finance who deal with general human resource and industrial relations issues arising from decentralisation.

Departmental Staff.

Seymour Crawford

Question:

183 Mr. Crawford asked the Minister for Agriculture and Food the number of personnel who were employed by her Department on 1 January 1998; the locations where they were based; the number who are now employed; the locations where they are based; and if she will make a statement on the matter. [19016/06]

Minister for Agriculture and Food (Mary Coughlan)

The number of personnel employed by this Department on 1 January 1998 was 3,973. The number of personnel employed on the 16 May 2006 is 4,609. A breakdown of these figures by location is being forwarded to the Deputy.

Currently my Department is engaged in discussions with a number of other Departments concerning the redeployment of some 400 staff members to other Departments arising from the introduction of the Single Payment Scheme. Already over 200 staff have been transferred. I should also add that the Forest Service was re-integrated with the Department of Agriculture and Food in 2004.

Grant Payments.

Ned O'Keeffe

Question:

184 Mr. N. O’Keeffe asked the Minister for Agriculture and Food when payment of the EU single farm payment scheme will issue to a person (details supplied) in County Cork; and if her attention has been drawn to the urgency of making this payment. [19017/06]

Minister for Agriculture and Food (Mary Coughlan)

The person named successfully applied for consideration in respect of the Inheritance measure of the Single Payment Scheme. Single Payment amounting to €9157.19 will issue shortly.

Ned O'Keeffe

Question:

185 Mr. N. O’Keeffe asked the Minister for Agriculture and Food when a payment of installation aid will be awarded to a person (details supplied) in County Cork. [19018/06]

Minister for Agriculture and Food (Mary Coughlan)

The person concerned submitted an application for aid under the Installation Aid Scheme on 27 June 2005. On 19 September 2005, further information in respect of the land transferred was requested from the applicant. As no reply was received to this letter, the application was rejected on 24 November 2005. It is open to the person concerned to submit another application together with the documentation requested.

Question No. 186 withdrawn.

Denis Naughten

Question:

187 Mr. Naughten asked the Minister for Agriculture and Food when a person (details supplied) in County Roscommon will receive the single farm payment; and if she will make a statement on the matter. [19030/06]

Minister for Agriculture and Food (Mary Coughlan)

An application under the 2005 Single Payment Scheme was received from the person named on 12 May 2005. Following processing of the application, it was found that the Single Payment entitlements under the above number quoted were established in the name of the person named and his brother. An official from my Department has been in contact with the applicant and has provided him with the forms, which require to be completed to facilitate the transfer of the entitlements. On receipt of the completed documentation, the SPS application will be processed further, following which payment will issue shortly thereafter.

Pension Provisions.

Olwyn Enright

Question:

188 Ms Enright asked the Minister for Agriculture and Food if her attention has been drawn to the fact that a person (details supplied) in County Tipperary has reverted from invalidity pension to disability benefit; when their spouse’s pension will be adjusted accordingly; and if she will make a statement on the matter. [19046/06]

Minister for Agriculture and Food (Mary Coughlan)

On 12 May, 2006 my Department wrote to the Department of Social and Family Affairs seeking confirmation of the rate and type of payment the person named is receiving from that Department. On receipt of a reply from the Department of Social and Family Affairs adjustments, as appropriate, will be made to the Early Retirement pension payable to the spouse of the person named.

Prison Building Programme.

Joan Burton

Question:

189 Ms Burton asked the Minister for Justice, Equality and Law Reform if the purchase of the site at Thornton Hall and the associated contracts awarded on the site, surveys, archaeology and engineering works fall within the scope of the capital expenditure review specification, for which invitations to tender were recently invited on the e-tenders website by the Irish Prison Service; and if he will make a statement on the matter. [18899/06]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The purchase of the site at Thornton Hall and the associated contracts awarded do not fall within the scope of the capital expenditure review specification, for which invitations to tender have been recently invited as the focus of the review is on completed prison projects over the period 2000 to 2005. The Thornton Hall project is at an early stage of development and may fall to be considered in future reviews.

Residency Permits.

Joe Costello

Question:

190 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he has made a decision regarding the application of a person (details supplied) to remain here; and if he will make a statement on the matter. [18908/06]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The person in question applied for permission to remain in the State under the revised arrangements announced on 15 January 2005 for non national parents of Irish children born prior to 1 January 2005. It is a requirement of this scheme that each applicant is resident in the State with their Irish-born child on a continuous basis since that child's birth and that evidence of such residence is provided with the application.

The person concerned has not provided satisfactory evidence of continuous residence in the State since her child was born in July 2004. On this basis, the application for residency under the revised arrangements from the person in question has been refused.

Garda Deployment.

Tony Gregory

Question:

191 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the steps the gardaí will take to ensure that Blessington Basin, Dublin 7, an important local amenity, is freely accessible to local residents who have expressed concerns that due to public drinking by various persons elderly residents are at times fearful of entering the basin. [18914/06]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I am informed by the Garda authorities that there are currently two Community Gardaí allocated to patrol the area which includes the Blessington Basin. They frequent and visit the Basin on a daily basis while on patrol and any incidents or complaints are dealt with immediately. In the year to date there have been no reported complaints or incidents in the Basin.

Gardaí, while on patrol, are also regularly in contact with residents in the vicinity and are not in receipt of any complaints. Gardaí also liaise with the Dublin City Council caretaker in the Basin with regard to any issues that require attention.

The location will continue to receive attention from Community Gardaí and both regular mobile and foot patrols.

Ministerial Responsibilities.

Joan Burton

Question:

192 Ms Burton asked the Minister for Justice, Equality and Law Reform the functions which have been delegated to each Minister of State at his Department; the date on which the relevant order was made; and if he will make a statement on the matter. [18930/06]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

There are two Ministers of State attached to my Department. Minister of State Frank Fahey was appointed by the Government on 29 September, 2004 with responsibility for equality matters, particularly disability.

A New National Childcare Investment Programme 2006-2010, was announced by the Minister for Finance, Mr. Brian Cowen T.D. on 7 December last, in Budget 2006. Also announced was a landmark decision to create an Office of the Minister for Children, under the Minister for Children, Mr. Brian Lenihan, T.D. who will report directly to Cabinet on matters relating to children and their welfare. The New Programme is a key element of the National Childcare Strategy 2006 — 2010 to be implemented by the new Office of the Minister for Children. It is effective from 1 January 2006 and succeeds the Equal Opportunities Childcare Programme (EOCP) 2000 — 2006 which was run by my Department. The Youth Justice Service of the Department of Justice, Equality and Law Reform is also co-located at the new Office.

Asylum Applications.

Finian McGrath

Question:

193 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if assistance will be given to a person (details supplied) in County Galway to stay and work here. [18944/06]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I refer the Deputy to Parliamentary Question No. 325 of Tuesday, 9 May, 2006 and the written reply to that Question. The position is unchanged.

Criminal Prosecutions.

John Deasy

Question:

194 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the number of prosecutions that have been undertaken and the number of convictions that have been recorded under the Child Trafficking and Pornography (Amendment) Act 2004; and if he will make a statement on the matter. [18950/06]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I am informed by the Garda authorities that no new offences were created by the introduction of the Child Trafficking and Pornography (Amendment) Act, 2004. Therefore, no prosecutions have been taken or convictions recorded for offences under the Act.

John Deasy

Question:

195 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the number of prosecutions that have been undertaken and the number of convictions that have been recorded under the Intoxicating Liquor Act 2003; and if he will make a statement on the matter. [18951/06]