Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 7 Dec 2006

Vol. 629 No. 2

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 9, inclusive, answered orally.

Airport Security.

Joe Costello

Question:

10 Mr. Costello asked the Tánaiste and Minister for Justice, Equality and Law Reform the arrangements his Department has made for protecting Shannon Airport from possible attack; if his Department liaises with the US authorities on the use of Shannon for the transportation of US troops to the Middle East; if his attention has been drawn to the fact that the new US Secretary of Defence has stated that the US is a country at war; his views on whether Shannon should cease to be a hub for the transportation of US troops and supplies to the theatre of war in Iraq; and if he will make a statement on the matter. [38352/06]

Kathleen Lynch

Question:

51 Ms Lynch asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to reported comments made by an Islamic cleric, Omar Bakri Mohammed in which he appeared to suggest that Irish airports might be targets for terrorist groups; if an assessment has been undertaken of such a potential threat; the outcome of such a review; and if he will make a statement on the matter. [41917/06]

I propose to take Questions Nos. 10 and 51 together.

Aviation security arrangements at Irish airports are kept under continuous review by both the Department of Transport and the National Civil Aviation Security Committee. That Committee is chaired by the Department of Transport, and both my Department and the Garda Síochána are represented on it, together with a range of other key stakeholders.

I understand that the Department of Transport conducts regular security inspections and tests of aviation facilities and all operators at Irish airports. These facilities and operators are also subject to audit by the European Union, European Civil Aviation Conference and International Civil Aviation Organisation, in partnership with the Department of Transport. Moreover, I am informed by the Garda authorities that the protection of Shannon Airport is governed by a dedicated protection order, which is subject to continual review and modification in line with prevailing threat and risk assessments.

In addition to these site-specific measures, the Garda Síochána maintains an up-to-date assessment of the threat to this State from international terrorist groups through analysis of intelligence gathered from domestic and international sources. Moreover, the Garda Síochána has developed excellent lines of communication and co-operation with security and intelligence services in the European Union and further afield. This ongoing sharing of intelligence enables a rapid operational response to be put in place where circumstances so warrant.

It is not the practice and it would be contrary to the public interest to comment on specific alleged threats or measures taken in response to ongoing security issues. It suffices to say, however, that all threats are assessed by the Garda Síochána and appropriate measures taken, where necessary.

With regard to liaison with the US authorities on flights, I understand that, pursuant to Article 29 of the 1944 Chicago Convention on International Civil Aviation, all aircraft, if engaged in international air navigation and carrying cargo, must carry a manifest and detailed declarations of the cargo, in conformity with the conditions prescribed in the Convention, As required, my Department is consulted by the Departments of Transport and/or Foreign Affairs in this regard.

In relation to the use of Shannon Airport by the US, I would remind the House that Ireland has been making overflight and landing facilities available to the US for a period of more than fifty years. Ireland has never withdrawn or suspended those facilities at any stage during that period. Moreover, it will be recalled that, on 20 March, 2003, following extensive debate, this House approved the Government's decision not to withdraw such facilities.

I am aware of the comments attributed to the US Secretary of Defence. These are a matter for that official. With respect to Iraq, my colleague, the Minister for Foreign Affairs, has noted that the presence of multi-national forces in Iraq has been mandated by a succession of UN Security Council Resolutions, most recently renewed in Resolution 1637 of 8 November, 2005. Moreover, Security Council Resolution 1546 of June 2004 requested Member States of the United Nations to provide assistance to these multi-national forces.

Crime Levels.

Jim O'Keeffe

Question:

11 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the information available as to the extent of contract killings here; and if he has proposals to deal with same. [41832/06]

Published crime figures provide information on the number of homicide offences committed each year. I am informed by the Garda authorities that there have been 20 murders with firearms since the beginning of this year to 6 December. There were 19 murders with firearms recorded for the same period in 2005.

All killings, regardless of the circumstances involved, are the subject of a rigorous investigation by the Garda authorities. All available intelligence is analysed, and the identification of the motive and the evidence available in its support are key elements of the investigation and prosecution process. Speculation as to the nature of the motive in particular crimes and the circumstances surrounding them could serve to jeopardise a successful investigation and prosecution and, accordingly, the house will appreciate the need for reticence in this regard.

While there have been a number of murders concerning feuding gangs, there is no information available to the Garda authorities that these murders were the result of contract killings. The Organised Crime Unit at the National Bureau of Criminal Investigation has been tasked by Garda management with monitoring the movements and generating intelligence in relation to all known suspects who may be involved in this type of crime.

I am assured by the Garda authorities that all information and intelligence available to An Garda Síochána concerning the threat to the safety of any individual's life is acted upon. The Garda Síochána attach the highest priority to combating and preventing killings such as those resulting from organised crime and the activities of criminal gangs. Operation Anvil is central to the strategy of the Garda Síochána in combating such crime and in particular murder. The Operation, which commenced in the Dublin Metropolitan Region in May, 2005 and was subsequently extended nationwide at my request, has proved to be very successful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in a number of high-profile arrests and the acquisition of intelligence on the movements of criminals.

Notable improvements have been achieved in the recorded number of incidents of crime being targeted by the Operation. In particular, I am pleased to note that the number of offences of discharging a firearm was stable in the third quarter of this year, the most recent full quarter. I believe that Operation Anvil has contributed significantly to this and also to the increase in that quarter of detections of offences of possession of drugs for sale or supply and of cultivation, manufacture or importation of drugs, which are closely associated with many murders using firearms.

The most recent figures available to me show that since the introduction of Operation Anvil in May 2005, 549 firearms have been seized in the Dublin Metropolitan Region. Up to 19 November, Operation Anvil has resulted in the Dublin Metropolitan Region in more than 3,350 arrests for the serious crimes of murder, robbery, burglary and serious assaults, including 56 arrests in connection with murder. Outside the DMR and up to 1 November, 2,600 persons have been arrested and 238 firearms seized.

In addition to the introduction of Operation Anvil, the Garda Commissioner in November 2005 augmented the Organised Crime Unit at the National Bureau of Criminal Investigation with an additional 55 Garda members to address the problem of criminal gang activity. Enforcement by the Unit has resulted in further firearms being seized and a number of persons arrested, thereby disrupting their criminal activities. There has also been an increase in Garda monitoring and targeting of individuals and groups involved in armed crime in particular.

Following the completion of the weapons amnesty on 31 October, the mandatory minimum sentences in relation to possession of firearms came into effect on 1 November. The penalties available to the courts have now been greatly strengthened and stringent penalties now apply.

I am very satisfied with the outcome of the 2007 Estimates process. The allocation for the Garda Vote is increasing by €135.3 million to €1.445 billion — an increase of 10% on 2006. This year's budget in turn represented an increase of 13% on 2005 and an increase of 85% in real terms since 1997. The additional overtime allocation included in this will yield almost three million extra man hours of policing by uniformed and special units throughout the State. As a result, successful anti-crime strategies and operations such as Operation Anvil will be continued and intensified on a nationwide basis. This increase demonstrates that this Government continues to provide record resources for anti-crime strategies.

The Government and I are also committed to increasing the strength of the Garda Síochána. I am informed that the personnel strength of An Garda Síochána increased to a record 13,000 on 16 November, following the attestation of 299 new members. This compares with a total strength of 10,702 on 30 June, 1997 and represents an increase of 21.5% (2,298) in the personnel strength of the Force in the period since then. The induction of 280 new Garda recruits to the Garda College on 6 November resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. Next year will see more than 275 fully trained Gardaí graduating from the Garda College every quarter, allowing the Commissioner to focus a highly visible policing presence throughout the country.

Garda Reserve.

Paul Nicholas Gogarty

Question:

12 Mr. Gogarty asked the Tánaiste and Minister for Justice, Equality and Law Reform if he is satisfied that the recruitment of a retired senior Garda officer (details supplied) who was strongly criticised by the Morris tribunal to interview candidates for the Garda Reserve was in keeping with best practice. [42042/06]

I refer to my earlier answer to Priority Question number 3 of today's date (Ref. 42179/06).

Garda Strength.

Jack Wall

Question:

13 Mr. Wall asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of recruits who have graduated from the Garda Training College as full Garda members since 6 June 2002; the number of gardaí who have retired, resigned or otherwise left the force since 6 June 2002; the number of fully qualified gardaí at the latest date for which figures are available; and if he will make a statement on the matter. [41938/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The personnel strength of An Garda Síochána (all ranks) as at 4 December, 2006 was 12,990. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

In October 2004, I announced that I was proceeding with the Government's promise to recruit 2,000 additional Gardaí over the life of the Government and an implementation plan to achieve that expansion was drawn up in consultation with the Commissioner. That plan envisaged a recruiting strategy that would see the combined strength of the Force reaching some 14,044 Gardaí (including trainees) by the end of 2006. The overall strength of the Force, including recruits in training is now in fact some 14,137. So, we have delivered on our target well ahead of schedule.

Implementation Plan

Recruitment 2004-2008

Year Ending

New Entrant Intake

Total (including trainees)

Total (excluding trainees)

2004

523

12,743

12,220

2005

1,096

13,388

12,292

2006

1,096

14,044

12,948

2007

1,097

14,627

13,530

2008

661

14,661

14,000

Garda training involves 5 phases over a two year period. Phases I, III and V take place in the Garda College, Templemore and phases II and IV take place at Garda Stations to which trainees are assigned. Garda trainees are attested to the Force, and become serving members of the Force, on successful completion of phase III of their training. Therefore the serving strength of An Garda Síochána at any given time includes those who have been attested following completion of phase III of their training but have not yet formally graduated. Graduation takes place following the fifth and final phase of training.

I have been informed by the Garda authorities that the number of Gardaí (all ranks) who have retired, resigned or otherwise left the force from 6 June, 2002, to 4 December, 2006 was 1,942. In addition, I have been further informed that a total of 3,174 new members have been attested to An Garda Síochána since 6 June, 2002 and 2,418 have graduated.

I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. A total of 1,125 recruits were inducted to the Garda Training College in 2005. The first four groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June, September and November of this year. A further 1,114 were inducted to the Garda Training College this year and further tranches of approximately 275 newly attested Gardaí will follow every 90 days hereafter until the programme is complete. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources.

Proposed Legislation.

Eamon Ryan

Question:

14 Mr. Eamon Ryan asked the Tánaiste and Minister for Justice, Equality and Law Reform the action he will take following the publication of the options paper prepared by the working group on domestic partnerships; and if he will make a statement on the matter. [42035/06]

Eamon Gilmore

Question:

30 Mr. Gilmore asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on the report of the working group on domestic partnerships published on 28 November 2006; if he will introduce legislation to provide for civil partnerships; when he expects that such legislation will be published and enacted; and if he will make a statement on the matter. [41913/06]

I propose to take Questions Nos. 14 and 30 together.

The Options Paper on Domestic Partnership prepared by a Working Group established by me in March 2006 was published on 28 November 2006. The Options paper focuses on three distinct types of non-married cohabiting relationships: opposite-sex couples, same-sex couples, and non-conjugal relationships.

The Paper presents various options for unmarried opposite-sex cohabiting couples. The options presented are: contractual arrangements, a presumptive scheme, limited civil partnership (a civil registration scheme), full civil partnership (a civil registration scheme) and legislative review and reform. The Paper also examines each of these options for same-sex cohabiting couples. In addition the Working Group considered the question of making marriage available for same-sex couples. On this issue, the Paper comments that, in view of existing and recent case law, extending marriage to same-sex couples is likely to be vulnerable to constitutional challenge and notes that a judgment on the recognition in the State of a foreign same-sex marriage is awaited in the High Court. For non-conjugal couples, the Paper considers that the pragmatic approach of legislative review and reform is the appropriate way to address specific issues.

The Government considers that significant improvements can be made within the fundamental context of the requirements of the Constitution and wants to deliver a framework in which non-married couples, including same-sex couples, can live in a supportive and a secure legal environment.

Publication of the Options Paper comes at a time of wide public debate on the question of according legal status to cohabitants including same-sex couples. The Options Paper, together with the Law Reform Commission's Report on the Rights and Duties of Cohabitants published on 1 December, are intended to inform public consultation and will assist in the formulation of policy in this area. It is intended that the development of legislative proposals will be on the basis of such consultation taking into account the views of interested groups and persons.

Garda Stations.

Mary Upton

Question:

15 Dr. Upton asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of Garda stations equipped for the video recording of interviews with suspects; the percentage of all stations this represents; the number of Garda stations with detention facilities that are so equipped; if he has made a decision on proposals submitted by the Garda for the provision of additional systems and fit out of further interview rooms; and if he will make a statement on the matter. [41936/06]

I am advised by the Garda authorities that of the 167 Garda Stations which have detention facilities and custody arrangements for the questioning of suspects, some 131 are currently equipped for the video recording of interviews with suspects. This represents 78% of the Garda stations with detention facilities. Where a Garda station is not equipped with an audio/video system, a person to be interviewed in accordance with regulations is taken to the nearest Garda station with such equipment.

My Department recently approved Garda proposals for the provision of additional systems and fit-out of further interview rooms. I am advised by Garda authorities that a tender has been prepared and recently published in the EU Journal for provision of the equipment itself. The fit-out of the rooms will be undertaken in consultation with the Office of Public Works.

I am advised that the provision of additional rooms and equipment will enable An Garda Síochána to operate more effectively and will reduce the number of instances where persons have to be taken away from the investigating officer's home station to stations that have the equipment.

Proposed Legislation.

Michael D. Higgins

Question:

16 Mr. M. Higgins asked the Tánaiste and Minister for Justice, Equality and Law Reform when the Judicial Council Bill is expected to be published; the consultation he has had with members of the Judiciary regarding the contents of the Bill; his views on whether, in view of a recent case, there is still no procedure for dealing with breaches of conduct by judges apart from the impeachment process provided for under the Constitution; and if he will make a statement on the matter. [41915/06]

Trevor Sargent

Question:

29 Mr. Sargent asked the Tánaiste and Minister for Justice, Equality and Law Reform when he will bring the judicial ethics legislation which was promised in 2004 before the Houses of the Oireachtas; and if he will make a statement on the matter. [42029/06]

I propose to take Questions Nos. 16 and 29 together.

Work on the Scheme of the Judicial Council Bill is at an advanced stage of development in my Department and I expect to be in a position to bring it to Government for approval in early 2007. The Bill will build on the Report of the Committee on Judicial Conduct and Ethics chaired by the former Chief Justice Ronan Keane. That Report recognised the need for a procedure for dealing with complaints of judicial misconduct which, while serious in itself, might not warrant the ultimate sanction of impeachment by the Oireachtas.

Consultations on the proposed Bill have, as is usual in the development of any legislative proposals, taken place with the Office of the Attorney General. I have also considered it prudent, given the nature of the subject, to consult with the Chief Justice. These consultations are on-going.

It is my intention that when the Scheme of the Bill has been approved by Government, I will make it available to the Joint Committee on Justice, Equality, Defence and Women's Rights. Any views that may emerge from the Joint Committee can be taken into account during the drafting of the Bill which will be proceeding at the same time.

Civilianisation Programme.

Ivor Callely

Question:

17 Mr. Callely asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress that has been made on the implementation of the civilianisation programme; the success of the Garda Information Services Centre; the potential of further such initiatives; and if he will make a statement on the matter. [41876/06]

I am pleased to be able to continue to report significant progress with regard to the implementation of the programme of civilianisation in An Garda Síochána. I have provided this House with updates on Garda civilianisation on a number of occasions this year and propose to take this opportunity to recap and elaborate on some particularly noteworthy developments in this regard.

A key success in the civilianisation process has been the establishment, of the Garda Information Service Centre (GISC) in Castlebar, which now has a staffing complement of 162 civilians and is servicing all Garda regions nationally. The GISC allows Gardaí who would otherwise have to return to their Stations to input data onto the PULSE system, to log the information with their civilian colleagues in the GISC, while remaining "on the beat". This major initiative has freed up significant amounts of Garda time for frontline policing. Quality control and review of data is also managed by dedicated civilian staff at the GISC, thereby relieving Sergeants of this administrative task and allowing them to be deployed for more operational duties.

The success of the incident reporting and data quality review facilities available at the GISC encouraged the Garda authorities to seek opportunities for the devolution of further tasks to the Centre. One such initiative involves the reporting of the outcome of court cases to the GISC, which allows Gardaí to remain operational following completion of their court attendances. Having been successfully piloted in one Garda Division, a phased roll-out of this initiative to other Garda Divisions will take place over the coming months. The call-taking function of Garda Traffic Watch has already transferred from six Regional Garda Communication Centres to the GISC. Under a further initiative, the logging of driving licence and insurance particulars, a function formerly carried out by Gardaí and civilian personnel in the Fixed Charge Processing System, is now undertaken at the GISC. All of these initiatives are contributing significantly to the release of Garda resources for visible, frontline policing across our communities. It is proposed to carry out a review of the GISC in the summer of 2007 and the outcome of this evaluation will inform future projects.

A further key development has been the transfer of civilian staff to the direct control of the Garda Commissioner, a reform provided for in the Garda Síochána Act 2005. This transfer, which took place on 16 October last, brings all staff in An Garda Síochána — both Garda and civilian ranks — within the ambit of the Commissioner for the first time and should assist him in achieving the most effective and efficient deployment of both sets of resources. In order to support the transfer of civilian staff, a new Human Resources Division for civilian staff in An Garda Síochána has been established, which when fully operational will have a staffing complement of 37 civilians. The Head of the new HR Division has been appointed and a number of other staff have commenced duty, and recruitment of the remaining staff is underway.

An enhanced administrative career structure is being put in place within An Garda Síochána. The establishment of the GISC has added a significant number of supervisory and management posts to the civilian structure. Furthermore, as part of an agreement reached with staff interests regarding the transfer of civilian staff to the Commissioner, sanction has been granted by the Minister for Finance for an additional 76 civilian clerical and administrative posts to be located around the country on a regional and divisional basis. Recruitment to these posts will be progressed as soon as possible.

Under the Garda Síochána Act, the Commissioner became the Accounting Officer for An Garda Síochána in July of this year. This transfer of responsibility is being supported by the recruitment of nine civilian staff for a new Finance and Procurement Unit within An Garda Síochána.

Meanwhile, a Joint Implementation Group comprising management representatives from An Garda Síochána and my Department is continuing its work on civilianisation. Given that the 2001 Civilianisation Report was written at a particular point in time, the Group is taking account of changes which have occurred in the interim in the environment in which civilianisation is being pursued and exploring ways in which the civilianisation programme can be advanced in the short run, both in the context of the Civilianisation Report and otherwise. Significant progress is being made on recruitment to a range of key specialised civilian posts, including:

31 posts in the Garda Telecommunications area;

28 staff for the Professional Standards Unit, comprising statisticians, analysts and administrative staff;

10 posts in the new Internal Audit Unit;

14 additional teaching / training posts in the Garda College in Templemore; and

29 posts for the new civilian Crime Analysis Service.

The developments outlined above represent a major acceleration in the pace of civilianisation in An Garda Síochána. I remain committed to achieving the greatest level of civilianisation consistent with the effective and efficient functioning of An Garda Síochána and will continue to work with the Garda Commissioner to drive the civilianisation programme forward.

Sentencing Policy.

Dan Boyle

Question:

18 Mr. Boyle asked the Tánaiste and Minister for Justice, Equality and Law Reform the consideration he has given to the recent call from the Director of Public Prosecutions for the Judiciary to adopt a new system that would see judges explaining the reasons behind their sentencing; and if he will make a statement on the matter. [42040/06]

Ciarán Cuffe

Question:

74 Mr. Cuffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the consideration he has given to the recent call from the Director of Public Prosecutions, Mr. James Hamilton, for the Judiciary to adopt a new system that would see judges explaining the reasons behind their sentencing; and if he will make a statement on the matter. [42193/06]

I propose to take Questions Nos. 18 and 74 together.

The question of consistency in sentencing and the appropriateness of sentences in particular cases is undoubtedly an issue which raises concerns from time to time. It is common in some courts for a Judge to publicly state the reasons for his/her choice of sentence but I would accept that this practice is not universal. I would certainly agree with the Director of Public Prosecutions that there should, as far as possible, be a clearly understandable rationale for sentencing. I believe that this would be the view of the Judiciary also.

In this regard, I can inform the Deputy that a range of measures are in train with this end in view. The Judicial Studies Institute, which has significant funding available to it, organises seminars and training for Judges where matters such as sentencing can be addressed. Following on a recent report by a committee chaired by Mr. Justice Fennelly of the Supreme Court steps have been taken to improve the dissemination of decisions of the Court of Criminal Appeal. Again, one of the terms of reference I have given to the Group which I recently established to examine ways of rebalancing the criminal justice system is to look at the question of allowing the Director Public Prosecutions to make submissions to the Court as to appropriate sentences.

A very significant step in the area of sentencing was the decision by the Board of the Courts Service to establish a Steering Committee to plan for and provide a sentencing information system. The Committee, which is composed of four members of the Judiciary and an academic expert, reviewed systems of this nature around the world and decided to establish a pilot project in the Circuit Court in Dublin. Two researchers have been selected to collate information on sentencing outcomes in cases on indictment in designated Courts in accordance with criteria specified by the Committee. When the Steering Committee completes its work, further consideration can be given to the question of compiling a database of information on criminal sentences and the resources that may be needed for this purpose.

Residency Permits.

Ciarán Cuffe

Question:

19 Mr. Cuffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the action he will take following the recent High Court ruling which found that he breached the rights of several Irish born children in refusing their non-national parents leave to remain in the State; and if he will make a statement on the matter. [42033/06]

I am currently considering an appeal to the Supreme Court of the High Court judgements delivered on 14 November 2006. As the outcome of such an appeal is inextricably linked to the position of the non EU national parents of Irish citizen children referred to in the Deputy's question, I am unable to comment further until the outcome of any such appeal proceedings have been fully decided and delivered upon by the Supreme Court.

Juvenile Offenders.

Seán Ryan

Question:

20 Mr. S. Ryan asked the Tánaiste and Minister for Justice, Equality and Law Reform the main proposals for dealing with child offenders following the raising of the age of criminal responsibility to 12; and if he will make a statement on the matter. [41933/06]

I refer the Deputy to my reply to Parliamentary Question No. 147 of Tuesday, 7 November 2006 (ref: 36276/06). The position remains unchanged.

Garda Investigations.

Brendan Howlin

Question:

21 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform if, in regard to the death of a person (details supplied) in County Offaly in February 2002, and the fact that there has been an acknowledgement by the Commissioner of the Garda that there were several failings in the original Garda investigation and that a subsequent re-investigation was ordered, he accepts the need for an appropriate mechanism to be found for an independent review of the entire Garda investigation; if, notwithstanding the fact that it is not yet fully operational, he will request the office of the Garda ombudsman to initiate a full inquiry into all aspects of the inquiry in view of the seriousness of the issues raised; and if he will make a statement on the matter. [41905/06]

I refer the Deputy to my reply to Parliamentary Questions Nos. 194 to 196 of 5 December, 2006.

Criminal Prosecutions.

Bernard J. Durkan

Question:

22 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of occasions in each of the past five years in which known serious crime gang bosses or principles were prosecuted; the degree to which convictions were secured; the number of times in which bail was allowed; the number of times in which they re-offended while on bail; if they re-offended more than once in those circumstances; his proposals to address this issue; and if he will make a statement on the matter. [42003/06]

Bernard J. Durkan

Question:

85 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of members of organised criminal gangs who have received or have been refused bail in the past 12 months when before the court, and who have re-offended while on bail on one or more occasions; and if he will make a statement on the matter. [42209/06]

Bernard J. Durkan

Question:

86 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of leaders of major criminal gangs that have been convicted, imprisoned, acquitted or released on bail in each of the past five years to date; and if he will make a statement on the matter. [42210/06]

Bernard J. Durkan

Question:

90 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of organised criminal gangs operating here; the number who have been detained, questioned or charged in the past 12 months; and if he will make a statement on the matter. [42215/06]

I propose to take Questions Nos. 22, 85, 86 and 90 together.

I am informed by the Garda Authorities that all major criminal groupings and individuals continue to be under active investigation by An Garda Síochána and arising from on-going Garda operations and initiatives, a number of persons have been brought before the Courts to face charges relating to serious criminal activity.

I am further informed that, where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

An Garda Síochána do not collate statistics on the basis of the roles which offenders may have, either as individuals or as group members, when participating in criminal activity. The other matters raised by the Deputy are a matter for the Courts Service which is independent in the performance of its functions.

Garda Ombudsman Commission.

Aengus Ó Snodaigh

Question:

23 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform if the Garda Ombudsman Commission will begin receiving complaints in January 2007 as previously indicated. [41985/06]

Brendan Howlin

Question:

73 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress made with regard to the establishment of the Garda Ombudsman Commission; the number of staff recruited to date; when he expects that the commission will be in a position to begin dealing with complaints from the public; and if he will make a statement on the matter. [42072/06]

I propose to take Questions Nos. 23 and 73 together.

The Garda Síochána Ombudsman Commissioners were appointed by the President on the 10th February 2006, following nomination by the Government and recommendations by both Houses of the Oireachtas. The Commission is in a preparatory stage at present.

I understand that the initial work of the Commission has involved study visits to their counterparts in Northern Ireland and the UK and initial meetings with the various stakeholders involved in the Garda complaints system, such as Garda management, the Garda representative bodies and officials of my Department. This process is aimed at enabling the Commission to establish principles regarding its approach to investigating complaints and to work on the development of operational protocols with the Garda Síochána.

The Commission has advertised all of its senior posts — Director of Investigations, Deputy Director of Investigations, Director of Administration and Head of Legal Affairs — and all of its investigative staff. General staff will be sourced from within the Civil Service. In respect of a number of key senior posts, interviewing has been completed and successful candidates have been identified. In these cases employment contracts are being finalised. Interviewing is currently taking place in respect of a number of other posts.

The Commission is working towards being in a position to receive complaints as soon as possible in 2007.

Airport Security.

John Gormley

Question:

24 Mr. Gormley asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on establishing an inspection system for flights landing at Shannon Airport in order to ensure that special rendition flights are not passing through airports here; and if he will make a statement on the matter. [42037/06]

The Government is completely opposed to the practice of extraordinary rendition, and our concerns in this regard have been made clear at the highest level of the US Government over an extended period of time. In response, the United States has provided categorical, unqualified assurances that Irish airports or territory have not been used for this purpose.

I have repeatedly stated that any person with credible information that Irish airports have been used for any alleged unlawful purpose should immediately report their concerns to the Garda Síochána, which would have responsibility for investigating such matters. On this basis of such reporting or any other information, where the Garda Síochána reasonably suspects that an offence is being committed, statutory powers of entry and arrest are available, subject to international law.

To date, where complaints of alleged unlawful activity concerning the use of Irish airports have been made to the Garda Síochána, Garda investigations have ensued and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of any unlawful activity.

Having regard to the foregoing, I consider that all reasonable, appropriate and sufficient measures have been and are being taken to ensure that Irish airports are not being used for any unlawful activity.

Drug Seizures.

Liz McManus

Question:

25 Ms McManus asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on the almost tenfold increase in seizures of heroin in the first ten months of 2006 over the same period in 2005, in view of the fact that the UN suggest that such seizures account for only around 25% of the total on the market; the steps the gardaí are taking to reduce the flow of illegal drugs; and if he will make a statement on the matter. [41919/06]

I am informed by the Garda Authorities that the volume and street value of heroin seized for the first ten months of 2005 and 2006 is as set out in the table.

Year

Quantity

Estimated Street Value

kg

2005

12

2,400,000

2006

115.75

23,150,000

Of course the Government would view with concern any apparent rise in the level of any illegal drugs being trafficked into this country. However, the seizures also reflect the success of the Gardai's law enforcement measures targeting drug trafficking. The drugs situation is dictated by global developments, it is dynamic and ever changing and our policies need to be flexible to meet those changes.

In terms of estimating the proportion of drug seizures made in this jurisdiction by our law enforcement authorities in relation to the overall volumes of drugs being trafficked, obviously given the clandestine nature of this illegal activity this is extremely difficult to quantify with any degree of certainty and is speculative.

However, what can be said in this regard though is that the global illicit drug trade is, according to the United Nations Office for Drugs and Crime (UNODC), reputed to exceed billions of US$ annually. That UN office estimated in 2005 that global seizures for that year accounted for 44% of cocaine production, 28% of cannabis resin, 25% of opium production, 7% of amphetamines and 4.7% of ecstasy.

Undoubtedly, drug misuse remains one of the most complex social ills faced globally. Our drug law enforcement response is of course a vital feature of our overall response in addressing the issue but we cannot just look at the issue from a supply reduction perspective only. Rather, we must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.

The Government remains resolutely committed to tackling the problem through our National Drugs Strategy 2001-2008. The National Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a co-operative approach involving the statutory, community and voluntary treatment sectors.

The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. Noel Ahern, T.D., is the lead Government Department in co-ordinating the implementation of the National Drugs Strategy. My Department's remit in this area, while not exclusively, is primarily in the area of drug supply reduction, and drug law enforcement remains a key feature of the Government's drug policy framework.

An Garda Siochana invokes a number of broad strategic responses in addressing the issue. These include the following:

Identifying, targeting and dismantling national and international drug trafficking networks which supply and distribute illegal drugs within this state

Conducting intelligence driven operations focusing on all aspects of the illicit drugs trade including commodity, logistics, distribution and financing.

Working with other national and international law enforcement agencies on joint actions designed to reduce the availability of drugs and the proceeds derived from the drugs trade

Working in partnership with statutory, community and voluntary groups to reduce both the supply and demand for drugs within society.

Tackling organised crime and drug trafficking is primarily achieved through the use of specialist units and targeted intelligence led operations. The Organised Crime Unit, established in November 2005, in conjunction with the Garda National Drugs Unit and local Gardai, continue to implement initiatives such as Operations Anvil and Oak which target criminals involved in the trafficking of drugs.

Significant drug seizures including the considerable increase in the amount of heroin already seized this year to date, referred to earlier, have been made as a result of these operations. The operations, which are ongoing, continue to dismantle drug trafficking networks and have led to the arrest in recent times of major criminals both based here and abroad who are involved in the drugs trade.

The record level of resources, both in financial and personnel terms, being made available to An Garda Síochána this year is proof of the Government's commitment and determination to ensure that the Garda authorities will continue to implement targeted, intelligence and high intensity operations against organised crime with a special focus on drugs crime. This commitment is further evidenced by the fact that the allocation for the Garda Vote for 2007 is up by €135.3m to €1.445 billion — an increase of 10% on this year's allocation.

Furthermore we are ensuring that our law enforcement agencies have a strong legislative platform from which to operate in their work tackling those involved in such criminal activity.

While our legislative package for tackling drug trafficking is already viewed as being one of the most stringent in Europe, the Criminal Justice Act 2006 provides for further measures which will enhance the powers of the Gardaí in the investigation and prosecution of drug offences.

I can assure the House that the policy of targeting those involved in organised crime including drug trafficking and the gun culture with which it is associated remains the Government's top policing priority.

Departmental Reports.

Eamon Gilmore

Question:

26 Mr. Gilmore asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on the recent report of An Garda Síochána advisory groups, published on 7 November 2006; if he will implement the recommendations of the report; if a timetable has been set for this; and if he will make a statement on the matter. [41912/06]

Joan Burton

Question:

36 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on the recent report of the Garda inspectorate, published on 7 November 2006; if he will implement the recommendations of the report; if a timetable has been set for this; and if he will make a statement on the matter. [41911/06]

I propose to take Questions Nos. 26 and 36 together.

I recently published two important reports recommending radical reform of the top management structure of An Garda Síochána. The reports are by the Garda Síochána Inspectorate and the Garda Síochána Advisory Group chaired by Senator Maurice Hayes.

By way of background, the Garda Síochána Inspectorate was established in July 2006. Its objective under the Garda Síochána Act 2005 is to ensure that the resources available to An Garda Síochána are used so as to achieve and maintain the highest levels of efficiency and effectiveness in its operation and administration, as measured by reference to the best standards of comparable police services. This is the Inspectorate's first report. The Advisory Group was appointed by me in August 2006 to advise the Garda Commissioner on addressing the leadership and management challenges currently facing the Garda Síochána. This is the Advisory Group's first, and interim, report to the Garda Commissioner.

The reports recommend enhanced civilian support for senior Garda management and urge accelerated recruitment of civilian support staff so as to release Gardaí for operational duties. Some key recommendations include

a new civilian post at Deputy Garda Commissioner level to deal with administration and resource management, including areas such as finance and information technology,

three new executive civilian posts, namely Legal Advisor, Director of Human Resource Management and Director of ICT, at the level of Assistant Commissioner. More generally, the Advisory Group urges,

a new post of Assistant Commissioner for professional standards, reporting direct to the Garda Commissioner.

maximum delegation of operational responsibility to the Assistant Commissioners in charge of the Regions, with appropriate support by civilian staff in areas such as finance, HR and analysis,

a realignment of the Garda Síochána's organisational chart to recognise the central role of these Regional Commissioners and the core policing functions they exercise.

I very much welcome these timely reports as a very significant contribution to the current reform and renewal of An Garda Síochána. I have recently brought the reports to the attention of the Government which is fully supportive of these recommendations contained therein.

The Garda Síochána Inspectorate is currently undertaking an operational and administrative assessment of the Garda Síochána, including resource allocation and the deployment of Garda and civilian personnel. I have asked for an interim report from the Inspectorate on its assessment no later than end January 2007. Following receipt of that report, I intend to bring specific proposals to Government at that stage in relation to the implementation of its recommendations and in relation to the implementation of these existing reports.

Finally, I should emphasise that the reports on the reform of the Garda management structure are the beginning and not the end of a process of reform and modernisation. I want to thank the members of the Advisory Group and the Inspectorate for the work they have put into these reports, and I also want to acknowledge the co-operation they have received from An Garda Síochána.

Enda Kenny

Question:

27 Mr. Kenny asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has received the report of Mr. Michael Mellet into the death of a person (details supplied); the main findings of the report; if he has not received the report, when he expects to do so; and if he will make a statement on the matter. [41923/06]

I have not yet received the report of Mr Michael Mellett in relation to this matter. I understand from Mr Mellett that his inquiries are at an advanced stage, but that certain material of particular relevance to the inquiry is still in the process of being obtained by him. I cannot give the Deputy a definitive indication of when I might expect to receive the Report, but I am hopeful that I will receive it in the near future.

Garda Training.

Damien English

Question:

28 Mr. English asked the Tánaiste and Minister for Justice, Equality and Law Reform his plans to enhance Garda training in order that all members of An Garda Síochána will be trained in the use of firearms; and if he will make a statement on the matter. [41831/06]

I refer the Deputy to my reply to his Question No. 152 of 6 December 2006.

Question No. 29 answered with QuestionNo. 16.
Question No. 30 answered with QuestionNo. 14.

Departmental Agencies.

Breeda Moynihan-Cronin

Question:

31 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on the Law Reform Commission consultation document on legitimate defence; and if he will make a statement on the matter. [41921/06]

The Consultation Paper on Legitimate Defence published by the Law Reform Commission on 20 November, 2006 includes a number of provisional recommendations. As the Deputy will be aware a consultation paper provides interested parties with an opportunity to make submissions on the issues and recommendations set out in the paper. The Law Reform Commission will publish a report containing its final recommendations when this consultation process is complete.

The Consultation Paper considers a range of issues which arise in relation to legitimate defence and the Paper also contains some provisional recommendations in relation to the issue of householders rights to defend themselves and their property, a topic which has been the subject of much debate in recent months.

While the Law Reform Commission has not yet issued its final recommendations in relation to the topic of legitimate defence, and I do not in any way wish to pre-empt their final conclusions, their provisional recommendations in relation to defence of the home are very helpful in the context of the current debate. It is in particular interesting to note that the Commission has now highlighted the need for the rights of individuals to be clearly understood, to de-mystify the issue and to reform the law. The view of the Law Reform Commission that the occupant of a house under the present law has an arguable duty to retreat in the face of violent attack and to leave his or her house rather than defend him/herself is clearly an imbalance in the law which has to be addressed and rectified.

As we are all aware this is a sensitive topic which has given rise to understandable public concern and emotion. I am of the view that the balance must be struck in favour of the householder, but equally we must ensure that any proposals which emerge are proportionate.

As the Deputy will be aware, last June there were two Private Members Bills introduced in the Oireachtas on the issue of defence and protection of the family home, one introduced by Senator Tom Morrissey in the Seanad and the other by Deputy Jim O'Keeffe in the Dáil. When I spoke in the Dáil on this issue I gave a commitment to give serious consideration to amending the law in this area. Since then my Department has been examining the legal issues involved and the recommendations contained in the Consultation Paper are now being considered. I expect to be in a position to bring proposals to Government very shortly.

Garda Deployment.

Joe Costello

Question:

32 Mr. Costello asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of gardaí currently assigned to community policing; the proportion of the overall force this represents; his plans to increase the number of community gardaí; and if he will make a statement on the matter. [41910/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I have been further informed by the Garda authorities that the number of Gardaí assigned to Community Policing as at 30 September, 2006 was 482 (all ranks). This figure represents almost 4% of the current personnel strength of An Garda Síochána.

I should add that it is the responsibility of Garda management to allocate personnel to and within Divisions. This includes the allocation of personnel to Community Garda Units. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.

The current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. In October 2004, I announced that I was proceeding with the Government's promise to recruit 2,000 additional Gardaí over the life of the Government and an implementation plan to achieve that expansion was drawn up in consultation with the Commissioner.

That plan envisaged a recruiting strategy that would see the combined strength of the Force reaching some 14,044 Gardaí (including trainees) by the end of 2006. The overall strength of the Force, including recruits in training is now in fact some 14,137. So, we have delivered on our target well ahead of schedule.

Implementation Plan

Recruitment 2004-2008

Year Ending

New Entrant Intake

Total (including trainees)

Total (excluding trainees)

2004

523

12,743

12,220

2005

1,096

13,388

12,292

2006

1,096

14,044

12,948

2007

1,097

14,627

13,530

2008

661

14,661

14,000

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

Crime Levels.

Thomas P. Broughan

Question:

33 Mr. Broughan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2006; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he has satisfied himself with the level of detection and conviction in such cases; and if he will make a statement on the matter. [41907/06]

I am informed by the Garda authorities that the table shows the numbers of murder offences recorded where a firearm was used and the numbers of detections, proceedings commenced and convictions in respect of those murders for the years 1998 to 2005 and 2006 up to 5 December.

While no level of murder is acceptable, it should be noted that Ireland has one of the lowest murder rates in the western world. For example, the homicide rate in Glasgow, a city of comparable size to Dublin, is 5.5 per 100,000 of the population. The comparable figure for Dublin in 2005 is 1.7 per 100,000. The rate of murder/manslaughter in Ireland in 1995 was 1.47 per 100,000 of the population. The comparative figure for 2005 is 1.41 per 100,000 of the population.

Operation Anvil is central to the strategy of the Garda Síochána in combating serious crime and in particular murder. I refer the Deputy to my reply to Parliamentary Question No. 7 of today's date for details of successes to date of the Operation. In addition, a wide range of provisions to combat gun crime were introduced in the Criminal Justice Act, 2006. With effect from 1 November, mandatory minimum sentences, of between five and ten years, came into effect for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle, and use or production of a firearm to resist arrest. Furthermore there are in place new offences concerning the modification of firearms such as "sawing off" a shotgun.

The provisions for sentencing now in place are as follows:

Possession of firearms with intent to endanger life — maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years imprisonment;

Use of firearms to resist arrest or aid escape — maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years imprisonment;

Possession of firearm while hijacking a vehicle — maximum sentence of 14 years imprisonment and a mandatory minimum sentence of 5 years imprisonment;

Possession of firearm or ammunition in suspicious circumstances — maximum sentence of 14 years imprisonment and a mandatory minimum sentence of 5 years imprisonment;

Carrying firearm with criminal intent — maximum sentence of 14 years imprisonment and a mandatory minimum sentence of 5 years imprisonment; and

Altering a Firearm — maximum sentence of 10 years imprisonment and a mandatory minimum sentence of 5 years imprisonment.

The new law specifies that the courts may exercise discretion to impose less than the minimum sentence only where it is satisfied that there are exceptional and specific circumstances for doing so. In addition, it may exercise its discretion only in the case of a first offence. Where a person charged with any of the above offences has been previously convicted of any such offence, then the court has no discretion and must impose at least the mandatory minimum sentence. I am confident that these stringent new provisions, combined with the continuing efforts of the Gardaí in Operation Anvil, will go a long way to ensuring that those found in possession of firearms will pay a very serious price for their crimes.

I am informed by the Garda authorities that murders involving the use of firearms tend to have lower conviction rates than other murders. This is not unique to Ireland. I am assured by the Garda Commissioner that the highest priority is given by An Garda Síochána to the investigation of murders and the detection of those responsible.

Total number of Murder Offences where a Firearm was used (Recorded, Detected, Proceedings Commenced and Convictions) for the years 1998 to 2006

Recorded

Detected

Proceedings Commenced

Convictions

2006*(up to 5 December)

20

7

4

0

2005

21

4

2

1

2004

9

8

5

3

2003

20

11

4

2

2002

10

5

4

3

2001

9

6

2

2

2000

12

7

6

2

1999

12

7

7

5

1998

4

3

2

1

* Figures are provisional, operational and liable to change.

Civilianisation Programme.

Damien English

Question:

34 Mr. English asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of non-Garda clerical staff employed by An Garda Síochána; the number placed in each Garda division; the stations that they are assigned to; and if he will make a statement on the matter. [41830/06]

I am pleased to be able to continue to report significant progress with regard to the implementation of the programme of civilianisation in An Garda Síochána. A key success in the civilianisation process has been the establishment, of the Garda Information Service Centre (GISC) in Castlebar, which now has a staffing complement of 162 civilians and is servicing all Garda regions nationally.

The success of the incident reporting and data quality review facilities available at the GISC encouraged the Garda authorities to seek opportunities for the devolution of further tasks to the Centre. One such initiative involves the reporting of the outcome of court cases to the GISC, which allows Gardaí to remain operational following completion of their court attendances. The call-taking function of Garda Traffic Watch has already transferred from six Regional Garda Communication Centres to the GISC. Under a further initiative, the logging of driving licence and insurance particulars, a function formerly carried out by Gardaí and civilian personnel in the Fixed Charge Processing System, is now undertaken at the GISC. All of these initiatives are contributing significantly to the release of Garda resources for visible, frontline policing across our communities. It is proposed to carry out a review of the GISC in the summer of 2007 and the outcome of this evaluation will inform future projects.

A new Human Resources Division for civilian staff in An Garda Síochána has been established, which when fully operational will have a staffing complement of 37 civilians. Sanction has been granted by the Minister for Finance for an additional 76 civilian clerical and administrative posts to be located around the country on a regional and divisional basis. Recruitment to these posts will be progressed as soon as possible.

Under the Garda Síochána Act, the Commissioner became the Accounting Officer for An Garda Síochána in July of this year. This transfer of responsibility is being supported by the recruitment of nine civilian staff for a new Finance and Procurement Unit within An Garda Síochána.

Meanwhile, a Joint Implementation Group comprising management representatives from An Garda Síochána and my Department is continuing its work on civilianisation. Given that the 2001 Civilianisation Report was written at a particular point in time, the Group is taking account of changes which have occurred in the interim in the environment in which civilianisation is being pursued and exploring ways in which the civilianisation programme can be advanced in the short run, both in the context of the Civilianisation Report and otherwise. Significant progress is being made on recruitment to a range of key specialised civilian posts, including:

31 posts in the Garda Telecommunications area;

28 staff for the Professional Standards Unit, comprising statisticians, analysts and administrative staff;

10 posts in the new Internal Audit Unit;

14 additional teaching / training posts in the Garda College in Templemore; and

29 posts for the new civilian Crime Analysis Service.

The developments outlined above represent a major acceleration in the pace of civilianisation in An Garda Síochána. I remain committed to achieving the greatest level of civilianisation consistent with the effective and efficient functioning of An Garda Síochána and will continue to work with the Garda Commissioner to drive the civilianisation programme forward.

I am informed by the Garda authorities that the number of non-Garda clerical staff employed by An Garda Síochána as of 30 November 2006 is 1,156. The number of non-Garda clerical staff placed in each Garda Division and the Stations that they are assigned to are set out in the table.

Number

Carlow/Kildare

24

Naas

8

Maynooth

1

Kildare

3

Newbridge

1

Carlow

5

Athy

1

Baltinglass

3

Blessington

1

Tullow

1

Cavan/Monaghan

20

Monaghan

8

Bailieborough

4

Ballyconnell

2

Carrickmacross

2

Castleblaney

1

Cavan

3

Clare

23

Ennis

13

Shannon

1

Ennistymon

3

Killaloe

2

Scariff

1

Kilrush

3

Cork City

52

Anglesea Street

27

Barrack Street

2

Bridewell

1

Gurranabraher

4

Blarney

1

Ballincollig

1

Mayfield

4

MacCurtain St

1

Mallow Road

1

Togher

6

Douglas

1

Bishopstown

2

Carrigaline

1

Cork North

16

Fermoy

4

Cobh

2

Mitchelstown

1

Midleton

3

Youghal

1

Mallow

4

Charleville

1

Cork West

18

Bandon

7

Bantry

2

Clonakility

2

Kanturk

3

Macroom

3

Kinsale

1

Donegal

13

Letterkenny

8

Buncrana

1

Ballyshannon

1

Milford

1

Glenties

2

Galway West

23

Millstreet

14

Salthill

3

Clifden

1

Gort

2

Loughrea

2

Portumna

1

Kerry

17

Tralee

7

Dingle

1

Caherciveen

1

Killarney

5

Listowel

3

Laois/Offaly

16

Portlaoise

7

Abbeyleix

3

Birr

3

Banagher

1

Tullamore

2

Limerick

40

Henry Street

20

Mayorstone

2

Roxboro Road

8

Askeaton

2

Rathkeale

1

Newcastlewest

3

Abbeyfeale

1

Bruff

3

Longford/ Westmeath

21

Mullingar

8

Athlone

5

Granard

3

Longford

4

Lanesboro

1

Louth/Meath

32

Dundalk

4

Drogheda

11

Navan

4

Trim

3

Kells

3

Balbriggan

3

Ashbourne

2

Skerries

1

Dunboyne

1

Mayo

184

Castlebar

7

Ballina

3

Belmullet

2

Claremorris

3

Ballinrobe

1

Swinford

3

Westport

3

G.I.S.C.

162

Roscommon/Galway East

16

Roscommon

5

Ballinasloe

2

Mountbellew

1

Boyle

2

Castlerea

4

Tuam

2

Sligo/Leitrim

15

Sligo

8

Ballymote

2

Carrick-on-Shannon

3

Manorhamilton

2

Tipperary

59

Thurles

7

Cahir

3

Clonmel

7

Carrick On Suir

1

Nenagh

3

Borrisokane

1

Templemore

1

Roscrea

1

Tipperary

2

Garda Central Vetting Unit

33

Garda College

22

Garda College

22

Waterford/Kilkenny

25

Waterford

11

Dungarvan

4

Tramore

2

Kilkenny

5

Thomastown

2

Graiguenamanagh

1

Wexford/Wicklow

21

Wexford

6

Enniscorthy

2

Blackwater

1

Gorey

5

Arklow

1

New Ross

3

Wicklow

3

D.M.R. South

31

Crumlin

8

Sundrive Road

3

Tallaght

9

Rathfarnham

3

Terenure

6

Rathmines

2

D.M.R. South Central

28

Pearse Street

8

Harcourt Terrace

2

Kevin Street

8

Kilmainham

1

Donnybrook

6

Irishtown

3

D.M.R. North

40

Santry

11

Dublin Airport

1

Whitehall

1

Ballymun

1

Coolock

9

Malahide

2

Swords

3

Raheny

8

Clontarf

4

D.M.R. North Central

32

Store Street

14

Fitzgibbon St

6

Mountjoy

3

Bridewell

9

D.M.R. East

26

Dún Laoghaire

7

Cabinteely

2

Bray

6

Shankill

2

Blackrock

6

Dundrum

2

Stepaside

1

D.M.R. West

44

Blanchardstown

13

Cabra

3

Finglas

3

Clondalkin

11

Rathcoole

1

Ballyfermot

3

Lucan

8

Ronanstown

2

Traffic D.M.R.

10

Garda National Drugs Unit

5

Garda National Immigration Bureau

35

Garda Fixed Penalty Office

43

Garda Headquarters

129

Professionals

29

H.R. Manager

1

Chief Medical Officer

1

Nurse

2

Accommodation Manager

1

Fleet Manager

1

Photographer

1

Director of Finance

1

Accountant

6

Cartographer

1

Teacher

10

Head of Training and Development

1

Researcher

3

Harcourt Square

47

Special Detective Unit

5

National Bureau of Criminal Investigation

9

Garda Bureau of Fraud Investigation

10

National Support Service

1

Operational Support Unit

2

Asst. Com DMR Office

2

Registry

1

Complaints/Internal Affairs

2

Community Relations

9

Command and Control

3

Continuous Prof. Dev

2

Mapping Section

1

Garda Deployment.

Eamon Ryan

Question:

35 Mr. Eamon Ryan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of gardaí seconded to work on Operation Freeflow from 27 November 2006 to 7 January 2007; the divisions from which they have been seconded; and if he will make a statement on the matter. [42038/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I have been further informed by the Garda authorities that there are no Gardaí seconded to work on Operation Freeflow. The personnel deployed on Operation Freeflow, in addition to the Garda Traffic Corps and Traffic Units, are resourced from within their respective Divisions, as all Gardaí have responsibility to deal with the enforcement of traffic legislation. A number of Gardaí are specifically deployed to assist the Garda Traffic Corps and Traffic Units throughout the country on Operation Freeflow, from 27 November, 2006 to 7 January, 2007, as set out in the table hereunder:

Division

Number

Cork City

22

D.M.R. Eastern

29

D.M.R North Central

35

D.M.R. Northern

25

D.M.R. South Central

30

D.M.R. South

20

D.M.R. West

25

Galway West

13

Limerick

8

I should add that it is the responsibility of Garda management to allocate personnel to and within Divisions. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.

Question No. 36 answered with QuestionNo. 26.

Airport Security.

John Gormley

Question:

37 Mr. Gormley asked the Tánaiste and Minister for Justice, Equality and Law Reform if Irish officials, during the 1960s, boarded and searched planes at Shannon en route to Cuba; if so, the basis on which these searches were carried out; and if he will make a statement on the matter. [39583/06]

I am informed that there is no information available in my Department, the Garda Síochána or the Department of Transport to indicate that aircraft at Shannon Airport en route to Cuba were boarded and/or searched.

Departmental Inquiries.

Ruairí Quinn

Question:

38 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has received a report from the expert group established in view of concerns arising from the Dean Lyons case; if a deadline has been set for the work of the group; and if he will make a statement on the matter. [41928/06]

The work of the Expert Group to which the Deputy refers is ongoing and there was never a specific formal time limit placed by me on its important deliberations. However I can say that there is regular and ongoing contact between the Group and officials from my Department. As I indicated in my response to Parliamentary Question Number 99 of 7 November 2006 the Group is, with my agreement, taking the time to allow it to comprehend the current module of the Morris Tribunal in its work. As the Deputy may be aware the current module is dealing extensively with the question of detention of suspects.

I am hopeful that the Group will be in a position to report to me in early 2007 and, as I have stated previously, I intend to publish its report.

Garda Discipline Regulations.

Pat Rabbitte

Question:

39 Mr. Rabbitte asked the Tánaiste and Minister for Justice, Equality and Law Reform the position regarding the consideration of the new draft Garda discipline regulations by the Garda Conciliation Council; when he expects that the new regulations will be in operation; and if he will make a statement on the matter. [41930/06]

The Garda Síochána Act, in 2005, made detailed provisions for the making of Disciplinary Regulations for the Garda Síochána. In its report earlier this year, the Garda Síochána Act Implementation Group, chaired by Senator Maurice Hayes, acknowledged the requirement for changes to the Garda disciplinary regulations to coincide with the coming into operation of the Garda Ombudsman Commission. The Group was strongly of the view that the opportunity should be taken for a comprehensive revision of the Garda disciplinary framework so as to bring it into line with modern practice in human resource management.

Subsequently, on 19 May 2006, the Government statement regarding Reports of the Morris Tribunal acknowledged and accepted the views of the Tribunal that the current disciplinary regulations need to be replaced by a new, less complex, approach which will be swift and fair with a simple appeal process.

On 17 August, on publication of the 3rd, 4th and 5th reports of the Morris Tribunal, I published new draft Garda Discipline Regulations which were drawn up in consultation with the Garda Commissioner. These draft regulations take account of the recommendations of the Morris Tribunal, follow well-established principles in the public sector and beyond, and are significantly more streamlined than existing Garda Discipline Regulations. The new draft regulations have been put into the Garda Conciliation Council for discussion with the Garda Representative Associations and, in recognition of the fundamental changes now proposed, I have made available additional time beyond the original target date of the Summer recess. I am informed that the Garda Representative Associations have engaged positively in those discussions. I expect that the discussions can be concluded quickly and effectively, and I look forward to bringing final proposals to Government for approval in this regard.

EU Directives.

Arthur Morgan

Question:

40 Mr. Morgan asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason the Government has opted out of Council Directive 2004/81/EC on the protection of victims of human trafficking. [41982/06]

Ireland has not opted out of the Directive. It is open to Ireland to opt in to the Directive at any time and consideration is being given to this at present. It is also important to separate the issues of how Ireland deals with victims of trafficking from that of the signature of the various instruments in this area.

The current Irish Immigration system allows the authorities to deal with the victims of trafficking in a sympathetic and pragmatic way and there is no significant evidence that this is not being done or that our non-participation in those instruments is having a negative impact on victims. Any necessary assistance is provided to victims by the services of the State.

Garda Stations.

David Stanton

Question:

41 Mr. Stanton asked the Tánaiste and Minister for Justice, Equality and Law Reform the times when Youghal Garda station is open with gardaí present to facilitate members of the public; if a review has been carried out on the impact of the station being closed at night; and if he will make a statement on the matter. [42044/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I have been further informed by the Garda authorities that the personnel strength of Youghal Garda Station as at 5 December, 2006 was 21 (all ranks). Youghal Garda Station forms part of the Midleton District. The personnel strength of Midleton District as at 31 December, 1997 was 56 (all ranks). The personnel strength of Midleton District as at 6 December, 2006 was 71 (all ranks). This represents an increase of 15 (or 26.7%) in the number of personnel allocated since that date.

The opening hours of Youghal Garda Station are from 8am to 10pm daily. The opening hours at Youghal Garda Station were revised in December, 2003. Local Garda Management report that the revised opening hours have been monitored and reviewed on a regular basis since their introduction. They have regularly met with local representatives and have kept them informed of all developments. Local Garda Management also report that they are satisfied that the current policing arrangements in Youghal and the revised opening hours have and will continue to have a positive impact on policing in the town.

Finally, I am informed by Garda management that they consider that the extension of the opening hours at Youghal Garda Station would necessitate the employment of additional personnel on indoor administrative duties who may be more effectively employed on outdoor policing duties.

Residency Permits.

Ciarán Cuffe

Question:

42 Mr. Cuffe asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has given further consideration to the difficulties facing aged-out non-Irish minors who have applied for leave to remain in the State; his plans to address the cases of the relatively small number of people in these circumstances who wish to continue making a contribution to Irish society; and if he will make a statement on the matter. [42034/06]

I would refer the Deputy to the reply I gave to Dáil Question number 61 on Thursday, 20th October, 2005 and number 180 on Wednesday, 23rd November, 2005.

The consideration given to such cases is the same as that given to other leave to remain applications. The decision not to deport a person who is illegally in the State i.e. grant temporary leave to remain, arises under Section 3 of the Immigration Act, 1999, as amended. Each case is individually considered in the context of its own particular circumstances, having regard to the eleven factors cited in the Act, and having regard to Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement).

Closed Circuit Television Systems.

Martin Ferris

Question:

43 Mr. Ferris asked the Tánaiste and Minister for Justice, Equality and Law Reform if his intentions with regard to the regulation of closed circuit television reported in a newspaper (details supplied) include an intention to conduct an evaluation of all existing CCTV schemes in receipt of public funding against their stated objectives in view of the overwhelming international evidence demonstrating the relative ineffectiveness of CCTV in terms of crime reduction and deterrence. [41984/06]

Section 38 of the Garda Síochána Act 2005 provides a legislative basis for the operation of CCTV systems in public places for the purposes of crime prevention and crime detection by the Garda Síochána and community based groups.

The Act does not apply to persons operating CCTV cameras on their premises for the purposes of protecting persons or property on the premises or environs.

As the Deputy is aware the main content of the newspaper article to which he refers is the misuse of private CCTV systems. Officials of my Department examined a possible amendment to the Non-Fatal Offences Act 1997 with a view to broadening the definition of harassment to make it an offence to video record or photograph persons without their knowledge in any place that a person could reasonably expect privacy.

Following the advice of the Attorney General I am now addressing this issue in the context of the Privacy Bill, which was published on 4 July 2006. The Bill creates an offence, to be known as the tort of invasion of privacy, for a person wilfully and without lawful authority to violate the privacy of another individual. Where material obtained from closed circuit television or other monitoring equipment may be used in an inappropriate manner then the aggrieved person will have an accessible remedy in law.

The Privacy Bill contains a defence (in Section 5) in a privacy action for a defendant to prove that the act in respect of which a privacy action is being brought consisted of the installation or operation, in good faith, of a closed circuit television system or other surveillance system for a purpose authorised by law, or for the purpose of detecting or preventing the commission of an offence or the protection of persons or property.

Substance Misuse.

Liz McManus

Question:

44 Ms McManus asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the recent 2006 Annual Report of the European Monitoring Centre for Drugs and Drug Addiction that drugs in Europe were probably now at their cheapest for five years; if there is information available to the gardaí suggesting a similar drop in prices here; and if he will make a statement on the matter. [41918/06]

I am informed by the Garda authorities that the recent Annual Report published by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) refers to a decrease in the average price of most drug types across Europe as a whole. This assessment is based on the analysis of data supplied to the centre during the years 1999 to 2004 inclusive.

As part of its on-going analysis of the drugs market within this jurisdiction, An Garda Síochána monitors the price of all illegal drugs.

In relation to the principal illicit drugs namely, cannabis, cannabis resin, heroin, cocaine, ecstasy and amphetamine, the Garda authorities inform me that their analysis shows a reduction in the price of all these illicit drugs over the past five years with the exception of heroin whose price has remained relatively stable.

In relation to the measures being taken by An Garda Síochána to tackle the problem of drug trafficking, I refer the Deputy to my reply to Parliamentary Question reference number 41919 of today.

Victims of Crime.

Martin Ferris

Question:

45 Mr. Ferris asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on whether a single Department and Minister should take ultimate responsibility for ensuring that adequate funding is made available to tackle violence against women and to respond to the needs of victims in order to address the currently unacceptable situation whereby responsibility is avoided by all and funding needs fall through the gaps. [41987/06]

Violence against Women on any level and in any context is a serious crime. Frequently in a domestic context it gravely affects not just the victim but also impacts very negatively on her children. As a crime, it is essential that the perpetrator is prosecuted and brought to justice. It is also essential that the victim receives all appropriate care and support and, should she require it, medical treatment if necessary. This may also involve the provision of emergency housing.

Accordingly, a single victim may require services which fall appropriately within the remit of the Minister for Health and Children through the Health Service Executive; the Minister for Environment, Heritage and Local Government and local authorities; and through the agencies of my own Department, particularly the Garda Síochána, the Courts Service, the Probation and Welfare Service and the Legal Aid Board and also services such as court accompaniment and perpetrator programmes which are provided with funding support by my Department.

The National Steering Committee on Violence against Women was established in accordance with the recommendations of the 1997 Task Force on Violence against Women and it meets regularly under the chairmanship of Minister of State Frank Fahey T.D. to collaborate on the delivery of services. A firm of consultants was engaged to make recommendations on a new strategic action plan for the National Steering Committee and those recommendations, which very recently came to hand, are under consideration in my Department at present. This process will inform the ongoing and valuable work of the National Steering Committee.

As many of the services which address violence against women, such as the criminal and civil justice systems and the health services, are delivered in the context of a wider reaching service, it does not appear to be feasible to transfer financial and administrative responsibility for specific elements of the services to a single Minister. Indeed an Inter-Departmental Sub-Committee of the National Steering Committee reviewed the funding arrangements in 2005 and made a series of recommendations but did not propose the transfer of responsibility to a single Department.

The Sub-Committee stressed the importance of co-ordination in the approach to the issue and I firmly believe that it is important that there is continuing co-ordination of services and that they are adequately funded within the responsible Departments and Agencies. I am pleased that the funding available to my own Department for awareness raising and perpetrator programmes has increased by 32% for 2007.

Substantial funding is made available in the other Government Departments for the agencies under their remit. Identified needs are being addressed and being met to the fullest extent possible.

Proposed Legislation.

Caoimhghín Ó Caoláin

Question:

46 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the NYCI’s demand for legislation to ensure that the Equal Status Act 2000 is extended to include persons under the age of 18 years; and if he will produce such legislation. [41981/06]

I presume the Deputy is referring to a recommendation in a report entitled "Inequality and the Stereotyping of Young People", published by the National Youth Council of Ireland and the Equality Authority.

I do not agree that there is an urgent need to extend the provisions of the Equal Status Acts on the age ground to people under eighteen. The reason for excluding under 18s from claiming discrimination on the age ground is that 18 is a standard cut-off for access to many services, e.g. it is the age of majority, the age at which contractual commitments are fully enforceable, the age for sale of drink, access to certain films etc. It would be impractical to extend the age ground to under 18s as this would necessitate the provision of an extraordinary number of exemptions within the legislation and would entail a revisiting of virtually every area of the Equal Status Act. It would also mean that, in principle, it would no longer be permissible to give any preference (such as a reduced price) to young people.

Under Section 3(3) of the Equal Status Act 2000 a person who is less than 18 cannot bring a claim of discrimination on the age ground. Equally, a person who is 18 or over cannot bring a claim of discrimination on the age ground which is based on a comparison with a person aged less than 18 (for example, an adult cannot seek children's fare on a bus).

I would emphasise, however, that the Act does apply to discrimination against under 18s based on the other eight grounds. It is, therefore, possible for a young person to bring a claim of discrimination based on race, gender, sexual orientation, membership of the Traveller community etc. It is not correct to say that the Act excludes young people.

The Government has amended the Equal Status Act twice to make changes in the way it impacts on young people. It clarified the law in relation to the regulation of access to licensed premises by persons under 18 years of age and the conditions under which it is permissible to set an age limit for the purchase of liquor higher than 18 years. The Government also amended the Equal Status Act to apply it to discrimination on the age ground in the provision of motor vehicle insurance to drivers under 18 years of age.

The Government has shown that it is prepared to consider well founded proposals for changes to Equality Legislation. However a general application of the age ground to persons under 18 would not be practical or appropriate.

Arthur Morgan

Question:

47 Mr. Morgan asked the Tánaiste and Minister for Justice, Equality and Law Reform when his Department will publish on the website the submissions or summaries of the submissions received in 2005 as part of the consultation on the Immigration and Residence Bill; if submissions have been or will be requested; if a public consultation process will be initiated in relation to the heads of the current proposed Bill; and if he will make a statement on the matter. [42049/06]

I wish to advise the Deputy that I have no plans at present to publish the submissions received to my discussion document — "Immigration and Residence in Ireland — Outline Policy Proposals for an Immigration and Residence Bill".

Over 120 individuals and organisations made submissions during the initial public consultation process prior to publication of the Scheme of the Immigration, Residence and Protection Bill. When I published the Scheme of the Bill on 6 September 2006, I indicated that further suggestions and comments would be welcomed and I advised of a dedicated email address (immigrationbill@justice.ie); for any such input. My Department also made contact with those who made the original submissions to notify them of this opportunity. A number of submissions have been received since then and I welcome this continued engagement with the legislative process.

Judicial Appointments.

Kathleen Lynch

Question:

48 Ms Lynch asked the Tánaiste and Minister for Justice, Equality and Law Reform if the Government is considering an alteration to the manner in which it selects persons for nomination by the President as members of the Supreme Court, in view of the hugely influential role that the court plays in Irish life; and if he will make a statement on the matter. [41916/06]

The Judicial Appointments Advisory Board was established pursuant to the Courts and Court Officers Act 1995. The purpose of the Board is to identify persons and inform the Government of the suitability of those persons for judicial office, including appointments to the Supreme Court.

The Board consists of the Chief Justice, the Presidents of the High Court, Circuit Court and District Court, the Attorney General, nominated representatives of the Bar Council and the Law Society and three persons nominated by the Minister for Justice, Equality and Law Reform.

This procedure does not apply where the Government proposes to advise the President to appoint to judicial office a person who is already a judge or, subject to certain conditions, holds certain European or international judicial offices as set out in section 5 of the Courts (Supplemental Provisions) Act 1961 as amended. It is very often the case that a vacancy on the Supreme Court is filled in this manner by an already serving Judge.

The Government has no plans to alter the way in which judges or other persons are nominated for appointment by the President to the Supreme Court.

Garda Strength.

Emmet Stagg

Question:

49 Mr. Stagg asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of members of An Garda Síochána, the number of juvenile liaison officers and the percentage of the force this represents in respect of 2006 and each year since 2002; if he has plans to increase the number of JLOs in view of the proven success of their work; and if he will make a statement on the matter. [41935/06]

Bernard J. Durkan

Question:

96 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will increase the strength of the juvenile liaison officer service in County Kildare with a view to bringing the strength into line with the population requirements; and if he will make a statement on the matter. [42222/06]

I propose to take Questions Nos. 49 and 96 together.

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

The personnel strength (all ranks) of An Garda Síochána as at 31 December, 2002-2005, inclusively, and as at 4 December, 2006, was as set out in the following table.

31/12/02

31/12/03

31/12/04

31/12/05

16/11/06

Personnel strength

11,895

12,017

12,209

12,264

13,000

I have been further informed by the Garda authorities that there are currently 95 Garda Juvenile Liaison Officers, including 2 Juvenile Liaison Officers in the Carlow/Kildare Division. In addition, the National Juvenile Office has a staff of 1 Superintendent, (the Director of Diversion Programme), 1 Inspector and 2 Sergeants.

I have also been informed by the Garda authorities that the number of Juvenile Liaison Officers as at 31 December, 2002-2005, inclusive, was as set out in the following table.

31/12/02

31/12/03

31/12/04

31/12/05

JLOs

93

93

94

95

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

In addition to the Juvenile Diversion Programme, there are also 74 Garda Youth Diversion Projects nationwide. Garda Youth Diversion Projects aim to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature. These projects cater for approximately 2,500 participants per annum and are particularly targeted at 10-18 year old "at risk" youths in communities where a specific need has been identified. The allocation of funding for the 74 Garda Youth Diversion Projects (along with 7 Local Drug Task Force Projects) in 2006 is just over €6.6 million, which is an increase of €1.2 million on 2005.

It is my intention to ensure that 100 schemes will be established nationwide before the end of 2007. Recently, I announced the establishment of ten new projects located in Blanchardstown, Birr, Carlow, Castlebar, Cavan, Clondalkin, Limerick, Tallaght and Tralee (two projects). The appointment of additional Juvenile Liaison Officers for these projects is under consideration.

I should add that it is the responsibility of Garda management to allocate personnel to and within Divisions. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.

Crime Levels.

Thomas P. Broughan

Question:

50 Mr. Broughan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of tiger robberies, where people were taken hostage in an attempt to force others to hand over cash or goods, that have been recorded to date in 2006; the way these figures compare for the same period in each of the previous five years; if he is planning new measures to counter this threat; and if he will make a statement on the matter. [41908/06]

The Garda authorities inform me that there have been three ‘tiger' robberies in 2006, and two such robberies in 2005, i.e. incidents in which people were taken hostage with a view to assisting robberies. There have also been a small number of unsuccessful attempts to perpetrate such raids. The Garda authorities have also informed me that comparable figures for the preceding four years are not immediately available. These are now being collated and I will communicate with the Deputy in due course.

The Garda authorities further inform me that there are agreed response procedures between An Garda Síochána and the banks and financial institutions to deal with hostage situations where members of staff or their families are taken hostage in order to facilitate robberies. These response procedures are detailed and all encompassing.

An Garda Síochána does not, as a matter of policy and security, disclose information on the detail of these procedures.

Question No. 51 answered with QuestionNo. 10.

Immigrant Services.

Paul Nicholas Gogarty

Question:

52 Mr. Gogarty asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has satisfied himself that his Department is providing adequate reception and integration services for persons arriving in the State in view of reports that the number of people from the new EU states using services for the homeless has doubled in the past year; and if he will make a statement on the matter. [42041/06]

There appears to be some confusion generally as to the responsibility of various departments / bodies in relation to the provision of services for the different categories of persons arriving in the State. I am happy to take this opportunity to clarify the position to the Deputy.

I should say at the outset that the provision of services to the homeless falls firmly within the responsibility of the local authorities. The category of homeless persons in this context includes: all persons, including Irish persons, who have failed the Habitual Residence Condition (HRC); persons from any EU Member State — not just the 10 accession States — who may find themselves homeless; and any other foreign nationals who may find themselves homeless.

The single exception to the local authorities' responsibilities in this area is in relation to asylum seekers who are accommodated by the Reception and Integration Agency (RIA) of my Department. All asylum seekers are provided with accommodation in one of RIA's fifty accommodation centres located throughout the State.

The Deputy may wish to note that on a very specific and limited basis, the RIA also organises the repatriation of those persons from the 10 Accession States who have failed the HRC. This task is carried out an agency basis for the Department of Social and Family Affairs and involves short term accommodation pending the arrangement of travel. The scheme is very narrowly focused on the 10 States involved.

As regards the services generally available for persons from the new EU States, this is a matter for individual Departments and Agencies. My Department's role focuses solely on the promotion and co-ordination of integration measures. In this context, I should add that the RIA is actively engaged with a wide variety of stakeholders in the integration area and targeted projects are being developed with the assistance of the special €5M Integration Fund which I announced earlier this year.

Garda Deployment.

Catherine Murphy

Question:

53 Ms C. Murphy asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of the new Garda recruits employed since the establishment of the Government in 2002 deployed to each Garda division and district; and if he will make a statement on the matter. [41877/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

Garda training involves 5 phases over a two year period. Phases I, III and V take place in the Garda College, Templemore and phases II and IV take place at Garda Stations to which trainees are assigned. Garda trainees are attested to the Force, and become serving members of the Force, on successful completion of phase III of their training. Therefore the serving strength of An Garda Síochána at any given time includes those who have been attested following completion of phase III of their training but have not yet formally graduated. Graduation takes place following the fifth and final phase of training.

I have been further informed that the number of Garda recruits who have graduated from the Garda Training College and the number of new members who have been attested to the Force since 6 June, 2002 is 2,418 and 3,174, respectively.

The current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. As will be seen from the table, the intake of recruits to the Garda Training College has doubled in comparison to the average of previous years to 1,125 and 1,114, in 2005 and 2006, respectively.

2002

2003

2004

2005

2006

Intake to Garda Training College

546

690

519

1,125

1,114

It is planned to induct a further 1,100 recruits in 2007 which will result in a fully attested strength of 14,000 by 2008. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources.

Prisoners’ Voting Rights.

Jan O'Sullivan

Question:

54 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform the procedures being put in place to ensure that the maximum number of prisoners possible are allowed to exercise the franchise at the next election, following the enactment of the Electoral (Amendment) Act 2006; the steps being taken to create awareness of this entitlement among prisoners; and if he will make a statement on the matter. [41924/06]

I refer the Deputy to my reply to Question No. 108 of 7 November 2006.

The Electoral (Amendment) Bill 2006 has been passed by both Houses of the Oireachtas and has been sent to the President for signature. The legislation provides for specific arrangements for prisoners to exercise their franchise by way of postal voting.

In accordance with the provisions of the legislation, relevant officials will be appointed in each prison who will be responsible for ensuring that prisoners who are eligible and wish to vote will be facilitated in exercising that right. The Department of the Environment, Heritage and Local Government will be drawing up guidance for postal voting for prisoners and will consult with relevant officials from my Department on the matter. Within this framework, officials in the Irish Prison Service will prepare operating procedures that will allow for the practical arrangements to be put in place. Of course, it will be important to strike the right balance between, on the one hand, providing for and facilitating as much as possible a prisoner's right to vote and, on the other, the need to maintain an orderly and appropriate regime within our prisons.

It is important that steps are taken to help ensure that prisoners will be fully aware of their entitlement to vote and there are various mechanisms available in this regard. The legislation requires local authorities to give public notice of the availability of prisoner postal voting. Application forms and explanatory information will be made available by the local authorities and will be available in every prison. In addition, prisoners will be provided with details of their voting rights together with other information on the prison regime on their arrival in prison. Complementing that, it should be possible to arrange for appropriate posters to be devised advertising the new arrangements within the prisons. Leaflets can also be developed specifically for prisoners, in consultation with the Department of the Environment, Heritage and Local Government, for distribution by the Prison Service.

It is hoped to undertake and finalise the practical implementation of the legislation as quickly as possible.

Garda Investigations.

Willie Penrose

Question:

55 Mr. Penrose asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has received a response from the Garda Commissioner to the copy sent to him of the Report of the Commission of Investigation into the Dean Lyons case; and if he will make a statement on the matter. [41927/06]

I refer the Deputy to my response to Parliamentary Question No. 134 of 7 November 2006. The position remains unchanged.

Civil Partnerships.

Seán Crowe

Question:

56 Mr. Crowe asked the Tánaiste and Minister for Justice, Equality and Law Reform if same sex couples will be satisfied with a selective approach or a limited version of civil partnership rather than the right to marriage and full civil partnership equal to heterosexual couples; his views on whether limited rights are only acceptable in the short term in view of an urgent need to address the issues faced by couples where one partner is a non-EU citizen; and if the former, the evidence on which he bases that belief. [42051/06]

I refer the Deputy to my reply to Question No. 35 of 8 June 2006. I would propose to supplement that earlier response with a number of brief observations.

The Options Paper on Domestic Partnership, prepared by a Working Group established by me in March 2006, was published on 28 November. The Options Paper focuses on three distinct types of cohabiting relationships: opposite-sex couples, same-sex couples and non-conjugal relationships. The options outlined for same-sex couples are: marriage, full civil partnership (a civil registration scheme), contractual arrangements, a presumptive scheme, limited civil partnership (a civil registration scheme) and legislative review and reform. The Paper comments that, in view of existing and recent case law, extending marriage to same-sex couples is likely to be vulnerable to constitutional challenge and notes that a judgment on the recognition in the State of a foreign same-sex marriage is awaited in the High Court.

The Options Paper is intended for public consultation and, together with the Law Reform Commission's Report on the Rights and Duties of Cohabitants published on 1 December 2006, will assist in the future formulation of policy in this area.

The question of the rights and entitlements of non-EU national partners of Irish citizens, including same-sex partners, will be dealt with in the context of the proposed Immigration, Residence and Protection Bill the scheme of which I published for public consultation on 6 September 2006. Provisions, it is intended, will be set out in an accessible and transparent fashion through the medium of policy statements as referred to in the Bill.

Electronic Monitoring of Offenders.

Jim O'Keeffe

Question:

57 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform when arrangements for electronic monitoring of criminals will be in place; the present arrangements; and if out sourcing, as in the UK, or otherwise is being established for same. [41833/06]

The Deputy will be aware that the recently enacted Criminal Justice Act, 2006 provides a basis for the introduction of Electronic Monitoring of offenders who are the subject of Restriction on Movement Orders or of prisoners who are on temporary release. I considered that I should take the opportunity presented by the legislation to introduce the necessary enabling provisions. However, I should add that I do not intend to introduce Electronic Monitoring immediately. The cost effectiveness of Electronic Monitoring and developments in technology are being monitored and consideration is being given as to what arrangements would bring the maximum added value to the criminal justice system.

Prison Building Programme.

Jan O'Sullivan

Question:

58 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform his plans for the construction of a new prison in north Cork; and if he will make a statement on the matter. [41925/06]

The Irish Prison Service has identified the need to construct a new prison complex to serve the Munster area. The new facility will provide single cell accommodation with proper in-cell sanitation facilities as well as offering significant benefits in the areas of work training, educational and medical services.

At present there is work in progress to appraise the suitability of Spike Island as a site for the construction of a new prison complex. However, I have made clear that I am open to examining any viable site offered for the proposed new Cork Prison. In that context, I can confirm that my Department and the Irish Prison Service are currently exploring, on a without prejudice basis, the option of an alternative site at Kilworth.

Crime Levels.

Ivor Callely

Question:

59 Mr. Callely asked the Tánaiste and Minister for Justice, Equality and Law Reform the crime figures and progress with detection rates in the greater Dublin area over the past five years; and if he will make a statement on the matter. [41875/06]

The figures for headline offences recorded and detected in the Dublin Metropolitan Region are available in the relevant Garda Annual Reports, copies of which are available in the Oireachtas library.

Public Order Offences.

Seán Ryan

Question:

60 Mr. S. Ryan asked the Tánaiste and Minister for Justice, Equality and Law Reform when the anti-social behaviour provisions of the Criminal Justice Act 2006 will be brought into operation; and if he will make a statement on the matter. [41932/06]

It is my intention that the provisions of the Criminal Justice Act 2006 on anti-social behaviour by adults will be commenced on 1 January, 2007 and those on anti-social behaviour by children on 1 March, 2007, following the consultations required under the Act between my Department, the Office of the Minister for Children and the Commissioner of the Garda Síochána. The purpose of this is to ensure that these provisions will commence as soon as the Commissioner has made the necessary internal arrangements so as to ensure the smooth introduction of these new procedures.

Garda Investigations.

Brendan Howlin

Question:

61 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress made to date by the gardaí in regard to the murder of a person (details supplied); if he is satisfied that appropriate protection was given to the person, having regard to reports that both they and their solicitor had received death threats; if a review is planned of the procedures for providing protection in such circumstances; and if he will make a statement on the matter. [41906/06]

I am informed by the Garda authorities that the Commissioner is satisfied that all appropriate measures were taken, based on the intelligence available at the time.

Where information is received by An Garda Síochána of a threat against a particular individual the case is examined and a risk assessment is carried out. Where appropriate crime prevention advice is given to the person and family members. In addition, Garda attention is afforded to the individual and their family.

While the threat remains the situation is constantly reviewed by local Garda management in consultation with other specialist Garda units.

The incident referred to is under active investigation by the Gardaí at Swords Garda Station, assisted by other specialist Garda units under Assistant Commissioner, National Support Services.

Two persons were arrested on Tuesday, 5 December, 2006 in connection with the death of the person referred to. The persons have been released, and a file will be prepared for the Director of Public Prosecutions.

It is, therefore, inappropriate to comment further on the investigation at this time.

Garda Stations.

David Stanton

Question:

62 Mr. Stanton asked the Tánaiste and Minister for Justice, Equality and Law Reform the times when Garda stations in Killeagh, Cloyne, Ballycotton, Carrigtohill and Whitegate are open with gardaí present to meet members of the public; and if he will make a statement on the matter. [42043/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I have been further informed by the Garda authorities that the Stations of Killeagh, Cloyne, Ballycotton, Carrigtowhill and Whitegate form part of the Cork North Garda Division. The personnel strength of the Cork North Division as at 31 December, 1997 was 208 (all ranks). The personnel strength of the Cork North Division as at 5 December, 2006 was 261 (all ranks). This represents an increase of 53 (or 25.4%) in the number of personnel allocated since that date.

The normal opening hours of each of the Garda Stations are set out in the table.

Station

Opening Times

Killeagh

4pm to 6pm Monday to Saturday

Cloyne

7pm to 9pm each day

Ballycotton

11am to 1pm each day

Carrigtowhill

9am to 11am Monday to Saturday and 10.30am to 11.30am on Sundays

Whitegate

4pm to 6pm each day

Child Protection.

Dan Boyle

Question:

63 Mr. Boyle asked the Tánaiste and Minister for Justice, Equality and Law Reform his programme of action on foot of the publication of the 62 recommendations of the Joint Committee on Child Protection; and if he will make a statement on the matter. [42039/06]

The report of the Joint Committee on Child Protection was laid before the Oireachtas on 30 November and was published on that day. In conjunction with my colleague, the Minister for Children, I am examining the comprehensive report of the Joint Committee. Following that examination proposals for implementation of the recommendations in the Report will be brought to Government for approval.

Joyriding Offences.

Seán Crowe

Question:

64 Mr. Crowe asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has a strategic plan to address the increasing problem of so called boy racing and existing problems of joyriding; and the details of this plan. [41986/06]

The Garda Policing Plan 2006 sets as a strategic goal the reduction of the incidence of fatal and serious injury collisions. In order to achieve this goal An Garda Síochána has sectioned the road network into 8km zones and analysed the collisions data for the past ten years within these zones. A weighting is then assigned to each zone based on the collision data. Enforcement is then prioritised based on the weighting. The type and levels of enforcement for the various road traffic offences are based on the factors identified as contributing to the collisions.

Garda road safety presentations constantly take place with regular presentations in secondary schools, third level colleges and to large enterprises. These presentations are aimed at raising road safety awareness, particularly amongst young drivers, with a view to improving driver behaviour and bringing about an improved compliance culture.

It is generally a hard core of youths who engage in so-called joy-riding, many of whom are known to the Gardaí. Unfortunately, there is a high degree of recidivism. The Gardaí continually monitor trends in car theft, with a view to identifying and targeting persistent offenders and policing areas which are unfortunately prone to suffer such activities. Persons serving sentences for persistent offences related to so-called joy-riding are not granted early temporary release except in the most exceptional circumstances.

An Garda Síochána operates special foot and mobile patrols, targeting specific areas in response to identified local requirements. All vehicles the subject of unauthorised takings are technically examined when recovered, and known offenders are targeted for these offences. In each Garda division there is a traffic unit that targets incidents of joy-riding and enforcement outside of peak traffic hours.

The Garda and local authorities have made good progress in recent years with regard to estate management and are actively reducing the opportunities for joy-riding. For example, physical changes, such as barriers, speed ramps, in-fill housing, raising of plinth walls and widening of footpaths are being used to reduce access to areas frequented by youths engaged in these activities. Gardaí are constantly liaising with community groups, and a number of projects are operating which have proved invaluable in dealing with offenders.

Among these are a number of Garda youth diversion projects, which are a community-based, multi-agency crime prevention initiative seeking to divert young persons from becoming involved — or further involved — in anti-social and criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long term employability prospects. By so doing, the projects also contribute to improving the quality of life within communities and enhance the relations between the Gardaí and the community.

Ministerial Appointments.

Trevor Sargent

Question:

65 Mr. Sargent asked the Tánaiste and Minister for Justice, Equality and Law Reform the criteria used by Government when appointing lay persons to sit on the Judicial Advisory Appointments Board; and if he will make a statement on the matter. [42028/06]

The Judicial Appointments Advisory Board is appointed under the provisions of the Courts and Court Officers Act, 1995. Section 13(2)(c) of the Act states that the Board may include "not more than three persons appointed by the Minister who shall be persons engaged in, or having knowledge or experience (being knowledge or experience that the Minister considers appropriate) of commerce, finance, administration or persons who have experience as consumers of the services provided by the courts that the Minister considers appropriate".

Court Staff.

Michael D. Higgins

Question:

66 Mr. M. Higgins asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will make a statement on the resignation of former Circuit Court Judge, Brian Curtin, under section 6 of the Courts (Establishment and Constitution) Act 1961. [41914/06]

On the 13th November, 2006, I issued a statement on the resignation in question. The statement may be found on the website of my Department. I have nothing further to add.

Probation and Welfare Service.

Pat Rabbitte

Question:

67 Mr. Rabbitte asked the Tánaiste and Minister for Justice, Equality and Law Reform his proposals for further development of the probation service; the additional resources that will be provided for the service having regard to additional responsibilities arising from the Criminal Justice Act 2006; and if he will make a statement on the matter. [41931/06]

I refer the Deputy to my reply to Parliamentary Questions No. 118 of 7 November, 2006 in which I set out the significant developments that are taking place in the Probation Service.

I am pleased to tell the Deputy that I have secured funding of €59.323 million for the Probation Service in 2007 which is an increase of 19.32% over the 2006 allocation of €49.719m.

Weapons Amnesty.

Breeda Moynihan-Cronin

Question:

68 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of firearms and knives surrendered under the recent amnesty by the closing date of 31 October 2006; if he is satisfied with the number of items surrendered; the steps that were taken to promote public knowledge of the amnesty; and if he will make a statement on the matter. [41920/06]

I have been informed by An Garda Síochána that a total of 822 firearms, 108 knives, 40 swords, 32 assorted offensive weapons and a quantity of ammunition were surrendered under the recent Weapons Amnesty.

An extensive national awareness campaign was undertaken to promote the Amnesty. The campaign included advertisements in the national and provincial newspapers and specialist publications together with a high visibility billboard campaign. In addition 20,000 information leaflets were printed and circulated through Garda Stations throughout the country and a website was launched to provide extensive on-line information in relation to the Amnesty.

The purpose of the Amnesty was to afford people an opportunity to surrender illegally held weapons before the introduction of the new mandatory minimum sentences provided for in the Criminal Justice Act 2006. The new sentences, which came into effect on 1st November, 2006, provide for mandatory minimum sentences of between 5 and 10 years for a range of serious firearms offences. These include: possession of firearms with intent to endanger life, max. sentence of life, mandatory min. sentence of 10 years; prohibition of use of firearms to resist arrest or aid escape, max. sentence of life, mandatory min. sentence of 10 years; possession of firearm while hijacking a vehicle, max. sentence of 14 years, mandatory min. sentence of 5 years; possession of firearm in suspicious circumstances, max. sentence of 14 years, mandatory min. sentence of 5 years; carrying firearm with criminal intent, max. sentence of 14 years, mandatory min. sentence of 5 years; altering a Firearm, max. sentence of 10 years, mandatory min. sentence of 5 years.

I want to emphasise that I was never of the view that serious criminals were going to come into police stations and hand over their firearms. However, I was satisfied there were people with guns and offensive weapons in their possession who might find it difficult to come forward or to admit that they had them in the house and that the amnesty would afford them an opportunity to surrender such weapons safely. This indeed has proven to be the case.

I am satisfied that the Amnesty has been very successful and fully achieved its aims.

Garda Recruitment.

Mary Upton

Question:

69 Dr. Upton asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has brought to Government his request for approval for the appointment of an additional 1,000 gardaí; the response received from Government; when he expects that a decision will be made on the proposal; and if he will make a statement on the matter. [41937/06]

In August 2005, I received a submission from the Garda Commissioner on the resourcing requirements of An Garda Síochána. The submission was based on the Commissioner's analysis of the policing challenges facing An Garda Síochána in the medium and longer term, including the implications of demographic change, the need to continue to combat crime and terrorist threats, and the requirements for enhanced enforcement of road traffic law and immigration control. In the submission, the Commissioner proposed the future expansion of An Garda Síochána to 15,000 full time members. He also proposed the expansion of the Garda overtime budget, the creation of a Garda Reserve and additional civilian support for An Garda Síochána.

Strong action has been taken on the Commissioner's proposals. The 2006 Garda overtime budget allocation has risen by €22.4million to €83.5million, an increase of 36.6% over the original allocation of €61.1m in 2005. The Garda Reserve has been established, with the first group of recruits expected to complete their training later this month. Significant progress is being made on providing additional civilian support at management level for An Garda Síochána.

On the issue of an increase in the strength of An Garda Síochána to 15,000, the priority has been the current recruitment drive to increase the strength of An Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 has resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. This has involved a major redevelopment of the facilities at the Garda College, almost doubling its student capacity.

As regards the future expansion of An Garda Síochána, I have asked the Garda Síochána Inspectorate to make any necessary recommendations for the more efficient deployment of Garda personnel and I can inform the Deputy that the Garda Síochána Inspectorate is currently undertaking an operational and administrative assessment of the Garda Síochána, including resource allocation and the deployment of Garda and civilian personnel. I have asked for an interim report from the Inspectorate on its assessment no later than end January 2007. In the context of the continuation of the existing accelerated Garda recruitment programme to achieve a Garda strength of 15,000 members, I intend to discuss this issue with my Government colleagues at that stage.

Crime Levels.

Bernard J. Durkan

Question:

70 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number and extent of criminal empires which are being run directly by its members while in prison; if such instances have been brought to his attention; if he has issued instructions or directives to counter same; and if he will make a statement on the matter. [42004/06]

Bernard J. Durkan

Question:

91 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of criminals currently serving prison sentences and who are believed to run their empires from within the prison; the action he proposes to take to address the issue; and if he will make a statement on the matter. [42216/06]

I propose to take Questions Nos. 70 and 91 together.

I refer the Deputy to my reply to Questions No. 151 and 205 of 7 November, 2006 in which I indicated that I was aware of reports suggesting that prisoners are attempting criminal activities from inside prison cells. I again wish to assure the Deputy that I am committed to continuing to implement all appropriate measures to prevent the possibility of such activity and to ensure that the prisoner's contact with the outside world is tightly controlled and monitored in an appropriate way.

A number of measures have been implemented to prevent such activity. These include: controlling and monitoring of prisoner visits in all closed prisons. These visits are held in sight of prisoner officers and are monitored on CCTV; new visiting arrangements in most closed prisons. Only persons who have been pre-approved by the Governor are permitted to visit and all visitors must provide identification; closed visit capability; incoming and outgoing mail is subject to examination by a prison censor; random searches of cells and their occupants; searching of correspondence and all other items entering the prison; searching of all persons committed to custody. Searching also takes place of prisoners returning from court, temporary release or after visits or on receipt of intelligence; a number of trial tests on modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities. Initial tests indicate that these new technologies may be a valuable asset in the detection of contraband; phone detectors. New hand-held metal detectors have been sourced and are in operation. In addition, existing walk-through detectors in use in a number of institutions are being upgraded and extended to other institutions.

The Deputy will also appreciate that the planned Prison Building Programme will make it more difficult for contraband items to get in to the prisons.

Garda Operations.

Willie Penrose

Question:

71 Mr. Penrose asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of weapons seized to date and the number of arrests made in relation to Operation Anvil; the reason no information is available regarding the number of charges preferred, arising to date from the operation; the length of time the operation is intended to continue; and if he will make a statement on the matter. [41926/06]

Operation Anvil commenced in the Garda Dublin Metropolitan Region (DMR) on 17 May, 2005. It is an intelligence led policing initiative, the focus of which is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt patrolling and static check points by uniform, mobile and foot patrols, supported by armed plain clothes patrols. The Operation remains in place and is on-going in the DMR.

Operation Anvil was extended nationwide during 2006 and consists of a series of special operations, proposed by each Regional Assistant Commissioner, which are designed to focus on areas where there is a high incidence of crime.

The Operation outside the DMR is different from that in the DMR, in that initiatives have a short time-focus and are designed to address the particular needs of specific areas. A number of operations have been completed, while further operations are on-going. The methodologies utilised in doing this vary from area to area and from time to time, commensurate with the assessed need. For these reasons there is no comparable system in place for the systematic collation of statistical data in these Garda Regions.

Operation Anvil has proved to be very successful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in a number of high-profile arrests and the acquisition of intelligence on the movements of criminals. Notable improvements have been achieved in recorded crime in the target crime areas under the operation.

The information requested in respect of the number of persons charged is not readily available as some of the incidents resulting in arrests are subject of ongoing investigations and this information could only be provided by a disproportionate expenditure of Garda time and resources necessitating the examination of each individual incident and resultant arrest.

In addition to the introduction of Operation Anvil, the Commissioner in November 2005 augmented the Organised Crime Unit at the National Bureau of Criminal Investigation with an additional 55 Garda members to address the problem of criminal gang activity. Enforcement by the Unit has resulted in further firearms being seized and a number of persons arrested, thereby disrupting their criminal activities.

Operation Anvil will continue to be funded to the extent and as long as the Commissioner considers that it is necessary to do so and it is fulfilling its objectives.

The tables show the successes of Operation Anvil.

Table 1: Operation Anvil in the Dublin Metropolitan Region up to 19 November 2006

Number

Arrests

Murder

56

Burglary

1,701

Robbery offences

796

Serious assaults

796

Theft from shops*

584

Theft from MPV*

66

Theft other*

129

Total Arrests

4,128

Firearms Seized

549

* Figures commenced from 25 September 2006.

Table 2: Operation Anvil outside the Dublin Metropolitan Region up to 1 November 2006

Number

Arrests

2,595

Firearms seized

238

Departmental Bodies.

Emmet Stagg

Question:

72 Mr. Stagg asked the Tánaiste and Minister for Justice, Equality and Law Reform if the terms of reference and membership of the working groups to produce proposals for the development of restorative justice models has been finalised; if a time limit has been set for the completion of the group’s work; and if he will make a statement on the matter. [41934/06]

I wish to advise the Deputy that proposals for the establishment of a working group to review restorative justice nationally and internationally have been received from the Probation Service.

I will announce the terms of reference and composition of the group in January, 2007.

Question No. 73 answered with QuestionNo. 23.
Question No. 74 answered with QuestionNo. 18.

Deportation Orders.

Ivor Callely

Question:

75 Mr. Callely asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of deportation orders of illegal immigrants to people refused refugee status or people who have transferred their application for asylum over the past ten years; the costs involved; the breakdown of such costs; and if he will make a statement on the matter. [42096/06]

The deportation costs provided in the table refer to the deportation of either illegal immigrants, persons refused refugee status in the State or persons whose applications for asylum have been transferred to another country under the Dublin Convention/ Dublin II Regulations. The vast majority of the removals involved persons who were refused refugee status in the State.

Set out in the table are the yearly cost of removals of persons subject to either deportation or transfer orders since the commencement of the Immigration Act 1999 by scheduled/commercial and charter flights (including ferries in very limited circumstances for some Dublin II removals) for deportees/transferees and their Garda escorts.

Year

Cost (Euros) of scheduled/commercial flight removals

1999

27,355

2000

429,570

2001

1,080,604

2002

1,187,626

2003

1,569,813

2004

1,797,523

2005

1,725,745

2006 (to 31 October)

1,267,605

Full total

9,085,841

The figures do not include the cost of overtime or subsistence payments for Garda escorts but do include the cost of 24 charter flights since 2002 at a total cost of €3,435,273 Euro.

The deportation of illegal immigrants and refused asylum seekers is costly, particularly to distant countries such as Nigeria, China, etc. In most cases removals are carried out using commercial flights which usually involves transit through other European airports as Ireland does not have direct flights to most of the countries of return. In addition, most flights have to be booked at short notice very near the date of departure which involves higher costs than if booked well in advance.

Also, in considering the costs of deportations, the considerable expense arising from the continued presence in the State of persons who are the subject of deportation orders has to be taken into account. These costs include social welfare costs, direct provision costs, and detention costs in certain cases. While it is important to keep deportation costs to a minimum, not to remove persons refused permission to remain in the State would call into question the integrity of the entire immigration system. This would leave this country open to further illegal immigration and even more expense to taxpayers.

The total number of cases considered for deportation under Section 3 (6) of the Immigration Act, 1999 (as amended), since the commencement of the said Act and the results thereof are shown in Table A.

Table A — Deportation orders made and effected — 1999 to 2006 (to 30 November)

Year

Number of deportation orders made

Number of deportation orders effected

1999

101

6

2000

940

188

2001

2,025

365

2002

2430

521

2003

2,411

591

2004

2,915

599

2005

1,899

396

2006(to 30 November)

1,541

289

The majority of the cases referred to in the Table involve persons who claimed asylum but their claims were rejected.

The total number of persons considered for transfer pursuant to the provisions of the Dublin II Regulation and those removed are provided in Table B.

Table B — Transfer orders made and effected — 2004 to 2006 (to 30 November)

Year

Dublin II Regulation Orders signed

Dublin II Regulation Orders effected

2004

238

65

2005

426

209

2006 (to 30 November)

517

262

The total number of persons granted temporary leave to remain in the State are provided in Table C.

Table C — Leave to remain applications granted — 1999 to 2006 (to 30 November)

Year

Leave to remain granted

1999

38

2000

19

2001

77

2002

158

2003

86

2004

175

2005

137

2006 (to 30 November)

148

My Department's records show that, at present, there are circa 7,700 persons represented as evading Deportation Orders or Dublin II Regulation Transfer Orders, whose whereabouts are unknown to the Garda National Immigration Bureau. However, it is believed that most of these have already left the State. If, however, it is the case that any of these persons are still in the State, their presence here is illegal and they are therefore subject to arrest and detention for the purposes of their removal from the State.

In a very significant number of cases, Deportation Orders have not been effected arising from challenges in the High Court by way of Judicial Review. There are, as of the end of November 2006, 476 ‘live' judicial review cases ongoing and the enforcement of Orders in these cases is generally suspended pending the outcome of such proceedings.

As the Deputy is no doubt aware, the enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.

Asylum Support Services.

Ivor Callely

Question:

76 Mr. Callely asked the Tánaiste and Minister for Justice, Equality and Law Reform the moneys spent on asylum and immigration functions to date in 2006; the comparison figures for the years 1995 to 2005; and if he will make a statement on the matter. [42097/06]

I can inform the Deputy that the expenditure in relation to asylum and immigration matters by my Department in 2006 (to the end of November) is €119.702m.

It is not possible to separate out expenditure on asylum related matters prior to 1998 as compilation of these statistics would require a disproportionate amount of staff time and effort to prepare and could not be justified in current circumstances where there are other significant demands on resources.

The comparative expenditure in this regard from 1998 to 2005 is set out as follows.

1998 — £3.3m (€4.19m).

1999 — £4.669m (€5.929m).

2000 — £8.23m (€10.45m).

2001 — £25.488m (€32.364m).

2002 — €46.457m

2003 — €44.842m

2004 — €129.189m

2005 — €137.297m.

Courts Service.

Ivor Callely

Question:

77 Mr. Callely asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress with the Courts Service proposals for restructuring of court fees; and if he will make a statement on the matter. [42098/06]

I am not currently considering proposals from the Courts Service for restructuring fees. I understand, however, that the Courts Service plan to engage in a further comprehensive review of court fees during the course of next year.

Juvenile Offenders.

Ivor Callely

Question:

78 Mr. Callely asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress to provide a secure detention centre to specifically cater for the needs of juvenile offenders; and if he will make a statement on the matter. [42099/06]

Following a review of the youth justice system the Government agreed, in December 2005, to a number of reforms including amendments to the Children Act 2001 (since provided under the Criminal Justice Act, 2006) and the establishment of the Irish Youth Justice Service. The issue of the accommodation of juvenile offenders in secure detention centres comes within the scope of these reforms.

Currently, the Irish Prison Service has responsibility for 16 and 17 year old children who have been ordered to be detained by the Courts. The majority of these are male and detained in St. Patrick's Institution which accommodates 16 to 21 year old young people. In addition, each of the prisons in the State can accommodate persons aged 17 years and over and the Courts currently have discretion to commit 17 year old young people directly to prison. This can often happen at the request of the person's legal team in order for them to be located nearer to their family home. In the case of young female offenders a very small number of 17 year olds, one or two on average, are detained in the Dóchas Centre.

The Irish Youth Justice Service has been established as an executive office of my Department and is to, inter alia, manage detention services for young people under the age of 18 years. The legislative, operational and administrative changes will see the transfer of responsibility for the detention of young offenders under 18 years of age, ordered to be detained by the Courts, from the Department of Education and Science and the Irish Prison Service to the Irish Youth Justice Service in my Department. The net effect of these reforms to the detention services will be to end the practice of using adult prison places for the detention of children and to extend the children detention school model to all offenders, male and female, under the age of 18 years. Interim arrangements are provided for in the legislation in the case of males aged 16 and 17.

The construction of children detention school places which can accommodate 16 and 17 year olds with the requisite facilities to provide care and education will take some time to complete. In the interim, work is well underway in St. Patrick's Institution for the separation of the majority of those under the age of 18 years from the older age groups. The Government has agreed to the recruitment of a National Manager for Detention School Services for the Irish Youth Justice Service and I understand that this appointment will be made shortly. An expert group on children's detention has also been formed to plan for the development of detention places. The transfer of the schools which are currently within the remit of the Department of Education and Science to the aegis of the Irish Youth Justice Service will take place on the 1st of March, 2007.

Anti-Racism Measures.

Ivor Callely

Question:

79 Mr. Callely asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress of the Government’s anti-racism and diversity policy; and if he will make a statement on the matter. [42100/06]

The National Action Plan Against Racism (NPAR) was launched on 27 January, 2005 by the Taoiseach, myself and the Minister of State at my Department, Mr. Frank Fahey T.D.. The proposal for a National Action Plan Against Racism arose from a commitment at the UN World Conference Against Racism in South Africa in 2001 that each member state of the United Nations should develop and implement a national action plan. The Plan was also contained as a deliverable in the Special Initiative on ‘Migration and Inter-culturalism' in Sustaining Progress.The Plan is being implemented over a 4 year period (2005 — 2008). The emphasis is on "a whole of system approach" with particular emphasis on mainstreaming intercultural issues into formulation of public policy. The Plan builds on the substantial equality infrastructure which is already in place.

The Plan provides strategic direction to combat racism. It is based on policies that promote interaction, equality of opportunity, understanding and respect.

I established a Strategic Monitoring Group, chaired by Ms Lucy Gaffney, to oversee implementation of the Plan. The membership of the Group is representative of the social partners, stakeholders such as An Garda Síochána, the Equality Authority, Irish Human Rights Commission, NCCRI and representatives of minority ethnic groups. The Group progresses key issues of the plan and involves other stakeholders and experts from outside the Group for specific projects and expertise as the need arises.

Among the activities undertaken which support the aims of the NPAR are the following:

In January, 2006 the Commissioner, An Garda Síochána issued a Directive to every member of an Garda Síochána concerning the development of Garda strategies and services to meet the needs of a more diverse society. The Directive addressed a range of issues, including the following:

protection against assaults, threatening behaviour and incitement to hatred

responding to victims of racially motivated incidents

development of consultation processes with ethnic minority communities.

recording of racist incidents on the PULSE system.

the procedures for a consultation process with ethnic minority communities at Garda District, Divisional and National level.

the recruitment of ethnic minorities to An Garda Síochána.

In the Education sector a number of intercultural projects are underway. The NCCA have produced intercultural guidelines for teachers in primary and post primary schools. Under the NPAR funding has been provided (€50,000) to assist the roll-out of primary guidelines in schools and will similarly assist with post-primary guidelines. The Department of Education and Science is also in consultation with the National Youth Council in connection with the development of an intercultural Strategy for youth work. In relation to the third level sector, the National Access Office for Higher Education, within the Higher Education Authority, is also exploring ways to progress the ‘intercultural campus' with a number of third level institutions.

An Intercultural Strategy for the Health Service is also in the course of preparation. A consultation process is underway and a conference is planned on the matter for next April.

Roundtable discussion with the media on the topic of the reporting of racism and diversity issues was held on 14 November, 2005. The concept of a Press Ombudsman and Press Council of Ireland, launched on the 5th December 2006, by the Press Industry Planning Committee includes in its code of practice certain principles to be observed by journalists to avoid incitement to hatred.

A number of ‘Anti-racism and Diversity' Plans (ARDs) are underway. Galway City was the first to develop such a plan and funding has been provided for ARDs in Roscommon, the Dublin Inner City, Fingal, Louth and Dún Laoghaire Rathdown.

Research has also been commissioned into ‘racism and the criminal law'. This is being carried out by the Law School, University of Limerick and is due for completion in early 2007.

The Strategic Monitoring Group is also supporting a Research Initiative on Considerations for Neighbourhood Planning, Housing provision and Estate Management Policy arising from the increased cultural diversity in Ireland. The research will scope key issues arising in public and private housing and the implications for planning future housing policy and estate management. The research will be targeted at specific local authority areas. Research partners will include my own Department, the Departments of Environment Heritage and Local Government, NCCRI, and representatives from the NPAR Strategic Monitoring Group.

Under the NPAR €275,000 has been provided to sports clubs and societies to address issues of racism. The Irish Sports Council and their Local Sporting Partnerships, recently disbursed grants totalling €349,000 to encourage migrants to participate in sporting activities through mainstream sporting structures.

The Department has been actively involved in supporting the development of an intercultural strategy for soccer with the FAI and has provided funding to employ consultants to draw up such a strategy. Two other sporting national governing bodies are also at an advanced stage of committing to developments in this area.

The Strategic Monitoring Group in its efforts to engage the corporate sector held a corporate breakfast for the CEOs of Ireland's top companies on 28 October 2005 in the Burlington Hotel.

The Strategic Monitoring Group, the Equality Authority and the Irish Management Institute (IMI) have agreed to establish a BIZLAB model to promote the business case for diversity through research, to explore and identify the primary issues in management of cultural diversity and, establish a business case for investment in diversity management.

This year is the seventh year of the Anti-Racist Workplace Week. It raises awareness of the need to combat racism in organisations and promote support for the accommodation of diversity in the workplace. The week is organised by the Equality Authority and is supported by the Strategic Monitoring Group which provided €50,000 towards the event this year and in 2005.

At the end of October, 2006 the Group launched the results of an attitudinal survey on migration to Ireland updating the findings of a similar survey carried out in 2003. The results of the survey are extremely encouraging.

In early 2007, the Strategic Monitoring Group will embark on a major national awareness media campaign building on the success of its national radio campaign in early 2006 and emphasising the positives of our diverse society.

I think the House would agree that there is a general sense of optimism for the future with the conditions as set out in the recent NESC report, that immigration is managed, that there is increased efforts to promote integration and language teaching and that immigrants themselves make efforts to adapt to Irish society and to integrate.

I am sure that the Deputy will agree that this is a solid body of work undertaken by the Strategic Monitoring Group in a short period of time and I commend the Chair, Ms. Lucy Gaffney, and her partners on the Group for the efforts to date. I would also like to mention that the Committee for the UN Convention for the Elimination of all forms of Racial Discrimination (UNCERD), has regularly praised the State for its work in developing and implementing a national action plan against racism. It regards Ireland as a ‘pioneer and example of good practice'.

Since my announcement of a special €5m Integration Fund to help integrate legally-resident immigrants, my Department has established a variety of schemes and initiatives for its effective dispersal. A total of €2m has been allocated to local partnerships working on locally-based initiatives and a further €1m to national and regional NGOs working in the relevant area. The funding is being distributed through Pobal who are at an advanced stage of project selection with final decisions expected shortly. A further €1m (approx.) is being used to accelerate the implementation of the National Action Plan against Racism across a range of projects. It is expected that specific project allocations will be made by the end of the year.

The balance of the Fund, of €1m (approx.), will be used to implement a wide range of initiatives being managed by the Reception and Integration Agency (RIA) which is now part of the new Irish Naturalisation and Immigration Service of my Department. As with the Pobal and NPAR aspects of the fund, the selection of detailed projects are, in the main, currently being finalised and decisions are expected over the next few weeks. The projects being funded include the following:

Ongoing processes and initiatives associated with the increased quota of resettlement refugees

International cooperation on selected refugee issues

A "small grants" scheme (up to €15,000 per project) for integration initiatives being managed by RIA

Research on the development of a national English language policy for newcomers.

Research on an effective approach to language interpretation for newcomers

Final project funding details will be made public as soon as they are available.

Garda Vetting Services.

Ivor Callely

Question:

80 Mr. Callely asked the Tánaiste and Minister for Justice, Equality and Law Reform the measures in place for the vetting of people offered employment in child care services and in services for people in institutional care homes and vulnerable adults; the progress of the Garda central vetting unit; the processing period through the GCVU; and if he will make a statement on the matter. [42101/06]

The phased expansion of Garda vetting services commenced in the first quarter of this year and is proceeding apace, in co-operation with the relevant client sectors and the associated Government Departments and Agencies. This expansion will continue until all organisations which recruit persons to work in a substantial, unsupervised capacity with children and vulnerable adults can avail of the Garda Síochána's vetting service.

In this regard, expansion has already occurred to, inter alia, the primary and post-primary education sectors, the youth work sector and a range of health and social services sectors.

In respect of the childcare sector, the Garda Central Vetting Unit (GCVU) is ready to commence expansion of its vetting service, on a phased basis, to all such service providers from early 2007, subject to agreement on appropriate liaison mechanisms for the sector, including the identification of a sectoral central point of contact to manage vetting applications and disclosures thereon.

With regard to institutional care homes, the GCVU has registered and trained the sector and vetting has now been extended to each such home.

Finally, the current processing time within the GCVU in respect of valid vetting applications is less than four weeks.

Citizenship Applications.

Pat Breen

Question:

81 Mr. P. Breen asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of an application for naturalisation for a person (details supplied) in County Clare; and if he will make a statement on the matter. [42141/06]

An application for naturalisation from the individual in question was received in the Citizenship Division of my Department on 7 September 2006.

Applications for naturalisation, including those from persons married to Irish citizens, are generally dealt with in chronological order as this method is deemed to be fairest to all applicants. Citizenship Division is presently dealing with applications received in the latter half of 2004.

I will advise the Deputy and the applicant when I have reached a decision in the matter.

John Perry

Question:

82 Mr. Perry asked the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 398 of 27 September 2006, when these applications (details supplied) will be processed; and if he will make a statement on the matter. [42156/06]

I refer the Deputy to my reply to Parliamentary Question 398 of 27, September 2006. At the time, I indicated that processing of the applications has commenced and that the files will be presented to me for a decision in the near future.

This remains the position.

Public Order Offences.

Charlie O'Connor

Question:

83 Mr. O’Connor asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will make a statement on the policies in place to tackle public order offences; and the number of public order offences since 2000 committed in Dublin and throughout the country. [42175/06]

The figures for public order offences, where proceedings commenced, in each Garda Region are available in the relevant Garda Annual Reports, copies of which are available in the Oireachtas library.

I can inform the Deputy that strong provisions are in place to combat public order problems including anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994, which modernised the law in this regard. The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. The Act provides for the making of exclusion orders on individuals to prohibit that person from entering or being in the vicinity of specified premises between such times, and during such a period, as the Court may specify. The Act also provides for the making of closure orders on specified premises, requiring that premises to close at a specified time or between specified times on a specified day or days during a specified period. A closure order may also require a premises to close for a maximum of 7 days in respect of a first order or for a minimum of 7 days and a maximum of 30 days in respect of a second order.

Furthermore, because of my concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, I brought forward tough provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003.

More recently, I brought forward additional provisions in the Criminal Justice Act 2006 to deal with public order offences and anti-social behaviour. In relation to public order offences, Section 184 amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to lesser public order offences as an alternative to proceedings being taken in the first instance. Section 185 of the 2006 Act amends section 19 of the Criminal Justice (Public Order Act) 1994 to make it an offence to assault or threaten or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. The definition of ‘peace officer' is expanded to include members of the fire brigade and ambulance personnel.

In the case of anti-social behaviour the Act empowers a senior member of the Garda Síochána to apply to the District Court by way of a civil procedure for an order which will prohibit an adult from behaving in an anti-social manner.

Separate provision is being made in relation to young people. The Act introduces provisions for behaviour orders for children aged 12 to 18 years into the Children Act 2001 and the protections of that Act will apply. There will be a series of incremental stages, with parental involvement, preceding an application for a behaviour order. These include a warning, a good behaviour contract and referral to the Garda Juvenile Diversion Programme. Only after these stages can a behaviour order be sought through the courts.

The provisions of the Criminal Justice Act 2006 on anti-social behaviour by adults will be commenced on 1 January, 2007 and those on anti-social behaviour by children on 1 March, 2007, following the consultations required under the Act between my Department, the Office of the Minister for Children and the Commissioner of the Garda Síochána. The purpose of this is to ensure that these provisions will commence as soon as the Commissioner has made the necessary internal arrangements so as to ensure the smooth introduction of these new procedures.

Illegal Immigrants.

Brian O'Shea

Question:

84 Mr. O’Shea asked the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 121 of 23 November 2006, if he will review the issue of compensation in the case of a person (details supplied); and if he will make a statement on the matter. [42187/06]

Further to my Reply to Question No. 121 on Thursday 23 November 2006, I am advised by An Garda Síochána of the following details.

In performing his or her functions under the Immigration Act, 2004, an Immigration Officer is obliged, pursuant to the provisions of the Immigration Act, 2004, to have regard to all the circumstances of the non-national concerned made known to the officer, or represented to the officer, by him or her. On arrival in the State, non-nationals are obliged, pursuant to the provisions of the Immigration Act, 2004, to present to an Immigration Officer for the purpose of making an application to land in the State. Every person landing in the State is obliged, pursuant to Section 11 (2) of the aforesaid Act, to furnish to an Immigration Officer such information in such manner as an Immigration Officer may reasonably require for the purposes of the performance of his or her functions. The person concerned failed to comply with requests for further information made by the Immigration Officer in this case.

The specifics of the case are as follows. On 2 October 2006 the person referred to by the Deputy landed at Dublin Airport having travelled on board an Air France flight from Paris. She approached the Immigration Control at Pier C and presented a Portuguese passport. On examination of this passport the Immigration Officer was not satisfied that the person handing it to him was the same person whose photograph was contained in the document. As a consequence of this assessment by the Immigration Officer, he refused the person concerned permission to land in the State. The Immigration Officer was not satisfied that the person seeking such permission was in possession of a valid passport, or other equivalent document, issued by, or on behalf of, an authority recognised by the Government, which establishes her identity and nationality. The person concerned was informed, in writing, of the grounds for her refusal of leave to land.

Questions Nos. 85 and 86 answered with Question No. 22.

Crime Prevention.

Bernard J. Durkan

Question:

87 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he is satisfied that the gardaí have adequate resources to deal with the growing problem of organised crime, in view of the obvious growth of such crime over the past five years; and if he will make a statement on the matter. [42211/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I have been further informed by the Garda authorities that the personnel strength of An Garda Síochána as at 5 December 2006 was 12,990 (all ranks). In addition to the above, there are currently 1,127 Student Gardaí. It is projected that 1,100 new Garda Students will commence training at the Garda College next year.

The National Bureau of Criminal Investigation is the Garda specialist unit tasked with the role of tackling organised crime. It carries out this role by conducting intelligence-driven operations in close co-operation with other specialist units including the Garda National Drugs Unit, the Garda Bureau of Fraud Investigation and the Criminal Assets Bureau. In November 2005 Garda management allocated an additional 55 officers to the Organised Crime Unit of the National Bureau of Criminal Investigation to augment the effort to target groups involved in organised crime in the Dublin Metropolitan Region. The unit is headed by a Detective Chief Superintendent and works closely with Gardaí deployed on "Operation Anvil" and with other specialist units.

These resources augment the unit's already in place and target organised criminal gangs on an ongoing basis. There have been successes in relation to many of these gangs where they have been arrested and charged with serious crimes and are now awaiting trial.

An Garda Síochána employs a range of techniques in the fight against serious and organised crime. The establishment of specialist Garda units, operating under the Assistant Commissioner in charge of National Support Services, has enabled An Garda Síochána to tackle organised crime effectively.

The level of resources available is kept under review by Garda Management to ensure they are in a position to tackle trends and developments as they become evident.

Crime Levels.

Bernard J. Durkan

Question:

88 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the extent to which there has been a re-classification for the various forms of crime which has removed certain crimes previously regarded as serious crimes from the relevant category; if this has given an erroneous impression of a reduction in serious crime; and if he will make a statement on the matter. [42212/06]

I am informed by the Garda authorities that the ten crime classifications used to show the more serious crimes (headline offences) were first introduced in the Garda Síochána Annual Report of 2000.

The Deputy will be aware that, with respect to the year 2000, the Garda Síochána changed the system of crime presentation as part of the PULSE information technology project. Specifically, the changeover to the PULSE platform allowed the Gardaí to reorganise its crime classification system, so that it more accurately reflects the complex, modern criminal activities reported or known to the Garda Síochána.

The previous crime classifications and sub-categorisations, based essentially on the distinction between indictable and non-indictable offences, were many decades old and were becoming increasingly unsuitable.

PULSE proved a considerable improvement in this respect, and the new classification of headline offences contains ten sub-divisions which offer a comprehensive description of modern criminal activity in a much more readily understandable form.

Classification changes, to reflect the introduction of new legislation, were made in 2002. Changes included the introduction of the Criminal Justice (Theft and Fraud Offences) Act 2001 which required a minor change to Group 6 Larcenies, by changing the name of the offences from Larceny to Theft Offences.

The introduction of this Act required greater change to Group 9, Fraud where the offences of Embezzlement and False Pretences were repealed by the Act of 2001. Four new classifications were created to replace the Falsification of Accounts/Companies Offences. Three new offences, European Communities Fraud, Counterfeiting Notes and Coins, and Possession of Article (Fraud), were included in Group 9, Fraud.

Coinage offences were removed from Group 10, Other Headline Offences, but replaced with a new classification, Counterfeiting Notes and Coins, in Group 9, Fraud.

The removal of Coinage Offences had no statistical impact as no offences had been recorded since the introduction of the new headline groups in 2000.

In 2003 a new crime classification, Criminal Assets Bureau Offences, was added to Group 9, Fraud.

In 2005 two new headline offences were added. Sexual Offenders Act Offences were added to Group 3, Sexual Offences and Employer Permit (Employer) Offences were added to Group 10, Other Headline Offences.

Reclassification of crime is due, primarily, to the introduction of new legislation which creates new offences or repeals old ones. Any changes to the crime classifications are identified in the Garda Síochána Annual Report of the relevant year.

Following the submission to me in 2004 of a report and recommendations by an expert group on crime statistics, I decided that the compilation, production and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act, 2005 consequently makes provision for this and the CSO established a dedicated Unit for this purpose.

The CSO published the reported crime statistics for the third quarter of 2006 on 27 October, 2006 marking the formal transfer for the published crime statistics from the Gardaí to the CSO. The figures released by the CSO did not involve any change in the methodology from that used by the Garda authorities in the production of quarterly headline crime statistics.

The CSO has established an Advisory Group to assist it in the development of crime and criminal justice statistics. One of the first tasks of the Advisory Group will be to review current methodology and to make recommendations for the development and presentation of crime statistics. In particular it will involve examination of:

the distinction between headline and non-headline offences;

the impact of the counting rules used where there are multiple offences involved in the one crime incident; and

the development of a new robust classification of offences/incidents to be used in the future.

This review, which is to be informed by best practice in other countries, will better align crime statistics with public and specialist user needs. This element of the work of the Group should be completed in the first half of 2007.

The CSO is also preparing to develop a more integrated and comprehensive system of crime statistics on crime and victimisation. This will include offences which do not necessarily come to the attention of the Gardaí as well as offences that are often under reported to the Gardaí.

Finally, the CSO is giving consideration to the development of statistics on the wider criminal justice system to include the courts, prisons and probation services.

National Drugs Strategy.

Bernard J. Durkan

Question:

89 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason contrary to his affirmation, there appears to be a serious deficiency in the extent of resources, equipment and personnel available to the gardaí to deal with the ever increasing drug problem; if he will engage in discussions with those gardaí directly involved with a view to fully identifying the extent of the problem and making available the necessary resources to deal with the issue; and if he will make a statement on the matter. [42213/06]

I can assure the Deputy that the policy of targeting those involved in drug trafficking remains among the Government's top policing priorities. There is no question of there being any deficiency in the resources, equipment and personnel available to the Gardaí in pursuit of this priority.

I wish to inform the Deputy that as proof of the Government's commitment and determination to ensure that the Garda authorities will continue to implement targeted, intelligence and high intensity operations against organised crime with a special focus on drugs crime, a record level of resources, both in financial and personnel terms, is being made available to An Garda Síochána this year.

This commitment is also evidenced by the fact that the allocation for the Garda Vote for 2007 is up by €135.3m to €1.445 billion — an increase of 10% on this year's allocation and is also shown by the fact that the personnel strength (all ranks) of An Garda Síochána made up of the number of attested Gardaí plus recruits in training now stands at a record high of over 14,000. This demonstrates that the commitment in the Agreed Programme for Government to recruit an additional 2,000 members of An Garda Síochána has been met.

The Deputy will appreciate that policing operations and the deployment of Garda resources are matters for the Garda authorities. It is the responsibility of Garda management to allocate personnel to and within divisions on a priority basis in accordance with overall policing requirements.

However, I am, of course, in regular contact with the Garda Commissioner in order to keep the measures and resources for tackling serious crime under continuing review. The overall allocation of Garda resources, including manpower, to the Garda Commissioner reflects the Government's policing priorities (including combating drug trafficking) and An Garda Síochána has never in its history been better resourced.

Furthermore, I can assure the House that drug supply reduction and drug law enforcement remains a key feature of the Government's drug policy framework, our National Drugs Strategy 2001-2008.

In relation to this, An Garda Síochána invokes a number of broad strategic responses in addressing the issue. These include the following;

Identifying, targeting and dismantling national and international drug trafficking networks which supply and distribute illegal drugs within this state

Conducting intelligence driven operations focusing on all aspects of the illicit drugs trade including commodity, logistics, distribution and financing.

Working with other national and international law enforcement agencies on joint actions designed to reduce the availability of drugs and the proceeds derived from the drugs trade

Working in partnership with statutory, community and voluntary groups to reduce both the supply and demand for drugs within society.

The Garda National Drugs Unit (GNDU), in conjunction with other specialist Garda units such as the National Bureau of Criminal Investigation and the Criminal Assets Bureau, continues to undertake "targeted specific" operations against the larger illegal drug importation and distribution operations.

The GNDU also works closely with divisional and district drug units in detecting and preventing the sale and supply of illegal drugs. It provides assistance and expertise to these local units in operational, intelligence and training matters. Divisional and district drug units operate in divisions throughout the country and their primary focus is to target local dealers and users. Where necessary, these resources can be supplemented by other Garda personnel operating at local level. All Gardaí have responsibility, inter alia, to deal with drug related issues as they arise.

There is also targeted patrolling by uniform and plain-clothes personnel of problem areas in order to detect and disrupt persons involved in drugs activity.

In addition, the Organised Crime Unit, established in November 2005, in conjunction with the Garda National Drugs Unit and local Gardaí, continue to implement initiatives such as Operations Anvil and Oak which target criminals involved in the trafficking of drugs.

These operations, which are ongoing, continue to dismantle drug trafficking networks and have led to the arrest in recent times of major criminals both based here and abroad who are involved in the drugs trade and significant drug seizures continue to be made as a result of this work.

Indeed, one of the key performance indicators for our law enforcement authorities under the National Drugs Strategy is to increase drug seizures by 25% by 2004 and 50% by 2008, using the 2000 seizures figures as a baseline and An Garda Síochána continues to achieve considerable successes in relation to this objective.

The trafficking and distribution of all illicit drugs at local, national and international level will continue to be vigilantly monitored by An Garda Síochána.

Question No. 90 answered with QuestionNo. 22.
Question No. 91 answered with QuestionNo. 70.

Witness Intimidation.

Bernard J. Durkan

Question:

92 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of incidents of witness intimidation reported in each of the past five ears to date; the action taken to counter same; and if he will make a statement on the matter. [42217/06]

I am informed by the Garda authorities that the table shows the number of proceedings commenced for the offence of intimidation of a witness/juror for the years 2001 to 2005.

Year

Proceedings Commenced

2005

21

2004

30

2003

30

2002

11

2001

6

All information or complaints in relation to alleged witness intimidation are thoroughly investigated by An Garda Síochána.

Following consultations with the Garda authorities a dedicated Witness Security Programme was established in 1997 under the direct operational control and administration of the Garda Commissioner. This was backed up with certain provisions of the Criminal Justice Act 1999.

The Witness Security Programme was established because of the rise in the criminal activities of organised crime groups, which increasingly attempt to corrupt and destroy the normal functioning of the criminal justice system by all possible means, including threats of violence and systematic intimidation or elimination of witnesses.

Protecting vulnerable witnesses has thus become a primary duty for States to ensure the integrity and effectiveness of their criminal justice systems and the continued safety and well being of their citizens.

Crime Levels.

Bernard J. Durkan

Question:

93 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of money laundering incidents uncovered in the past five years to date; the amount recovered through detection of interception; and if he will make a statement on the matter. [42218/06]

I am informed by the Garda Authorities that seventeen individuals have been prosecuted for money laundering offences in the past five years. In addition a number of money laundering schemes have been uncovered during Garda investigations into serious and organised criminal groupings.

I am further informed that the Money Laundering Investigation Unit (MLIU) at the Garda Bureau of Fraud Investigation has primary responsibility for the investigation of money laundering offences in this jurisdiction, while the Criminal Assets Bureau (CAB) is charged with depriving criminals and their networks of assets derived from criminal activity. A dedicated unit has been established within the Garda National Drugs Unit to investigate the financial aspects of drug-trafficking and money laundering.

In the past five years the MLIU have taken actions under the Criminal Justice Act 1994 concerning sums of money totalling €4.2 million. A sum of €200,000 has been confiscated for the benefit of the State and proceedings are ongoing in relation to the remainder of these monies.

In addition, CAB using its civil powers, and further to its statutory remit, forwarded in excess of €18.5 million to the Central Exchequer in 2005. In the period 2001 to 2004 CAB, utilising revenue powers, collected taxes totalling €54 million.

It is also worth noting that in the past twelve months the investigation unit of the Garda National Drugs Unit has taken action under the restraint and cash detention provisions of the Criminal Justice Act 1994 on sums of money totalling €1.52 million.

All Suspicious Transaction Reports (STRs) made to the Money Laundering Investigation Unit of the Garda Bureau of Fraud Investigation are investigated in full in an attempt to link the subject or funds to any form of criminal activity. A number of STR investigations are also referred to the Criminal Assets Bureau annually for further investigation.

Garda Strength.

Bernard J. Durkan

Question:

94 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if an examination has been carried out to identify precisely the number of gardaí still required with regard to the promise to put 2000 extra gardaí on the streets during the lifetime of this Government; if this figure is in the region of 2000; his proposals to address the issue; and if he will make a statement on the matter. [42219/06]

In October 2004, I announced that I was proceeding with the Government's promise to recruit 2,000 additional Gardaí and an implementation plan to achieve that expansion was drawn up in consultation with the Commissioner.

That plan envisaged a recruiting strategy that would see the combined strength of the Force reaching some 14,000 Gardaí (including trainees) by the end of 2006. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 has resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137.

The strength of the Garda Síochána has been substantially increased since 1997. In June 1997 the Force strength, excluding trainees, stood at 10,702. The personnel strength (all ranks) of An Garda Síochána, excluding trainees, increased to a record 13,000 on 16 November 2006, following the attestation of 299 new members. This represents an increase of 2,298 (or 21%) in the personnel strength of the Force during that period.

The Garda Budget for 2006 stands at €1.3 billion, which represents a 13% increase on 2005 and an 85% increase since 1997 in real terms. In addition to expenditure on operations, these resources are also being used to provide required facilities. Most recently, significant property has been purchased in Tipperary to provide a major tactical and practical training centre for the Force. This will enable a broad range of training facilities to be developed.

The current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target.

In October 2004, I announced that I was proceeding with the Government's promise to recruit 2,000 additional Gardaí over the life of the Government and an implementation plan to achieve that expansion was drawn up in consultation with the Commissioner.

That plan envisaged a recruiting strategy that would see the combined strength of the Force reaching some 14,044 Gardaí (including trainees) by the end of 2006. The overall strength of the Force, including recruits in training is now in fact some 14,137. So, we have delivered on our target well ahead of schedule.

Implementation Plan

Recruitment 2004-2008

Year Ending

New Entrant Intake

Total (including trainees)

Total (excluding trainees)

2004

523

12,743

12,220

2005

1,096

13,388

12,292

2006

1,096

14,044

12,948

2007

1,097

14,627

13,530

2008

661

14,661

14,000

I have always said that phased increase in the strength of An Garda Síochána to 14,000 will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of 2006, with a fully attested strength of 14,000 by 2008. The expansion of the Garda Síochána is fully on target. Since the first quarter of 2005, it was planned to induct approximately 275 recruits to the Garda Training College each quarter. In actual fact, 1,125 Garda recruits were inducted to the Garda College during 2005 and a further 1,114 were inducted this year. And it is planned to induct a further 1,100 recruits in 2007 which will result in a fully attested strength of 14,000 by 2008. The project to deliver on this commitment in the Agreed Programme for Government is fully on target and will be achieved.

Bernard J. Durkan

Question:

95 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if it is true that a trebling of the number of gardaí at the various stations throughout County Kildare is required in order to bring the number of gardaí into line with the population; when he expects to accede to this requirement; and if he will make a statement on the matter. [42221/06]

Bernard J. Durkan

Question:

97 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if and when he will provide a separate Garda division for the entire county of Kildare with a view to making available the necessary resources and co-ordination of the fight against crime with particular reference to the need generated by rapidly increasing population; and if he will make a statement on the matter. [42223/06]

I propose to take Questions Nos. 95 and 97 together.

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I have been further informed by the Garda authorities that there is currently no proposal to provide a separate Garda division for the entire County of Kildare. The personnel strength of the Carlow/Kildare Division as at 31 December, 1997 was 281(all ranks). The personnel strength of the Carlow/Kildare Division as at 6 December, 2006 was 371 (all ranks). This represents an increase of 90 (or 32%) in the number of personnel allocated since that date.

I should add that it is the responsibility of Garda management to allocate personnel to and within Divisions. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.

Question No. 96 answered with QuestionNo. 49.
Question No. 97 answered with QuestionNo. 95.

Public Order Offences.

Bernard J. Durkan

Question:

98 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform his proposals to deploy sufficient Garda numbers to tackle the ever increasing problem of anti-social activity including drug peddling which more often than not revolves around recreational or amenity areas including wooded areas adjacent to housing estates; if his attention has been drawn to the seriousness and growth of such incidents; and if he will make a statement on the matter. [42224/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I can inform the Deputy that strong provisions are in place to combat public order problems including anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994, which modernised the law in this regard. The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. The Act provides for the making of exclusion orders on individuals to prohibit that person from entering or being in the vicinity of specified premises between such times, and during such a period, as the Court may specify. The Act also provides for the making of closure orders on specified premises, requiring that premises to close at a specified time or between specified times on a specified day or days during a specified period. A closure order may also require a premises to close for a maximum of 7 days in respect of a first order or for a minimum of 7 days and a maximum of 30 days in respect of a second order.

Furthermore, because of my concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, I brought forward tough provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003.

More recently, I brought forward additional provisions in the Criminal Justice Act 2006 to deal with public order offences and anti-social behaviour. In relation to public order offences, Section 184 amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to lesser public order offences as an alternative to proceedings being taken in the first instance. Section 185 of the 2006 Act amends section 19 of the Criminal Justice (Public Order Act) 1994 to make it an offence to assault or threaten or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. The definition of ‘Peace Officer' is expanded to include members of the fire brigade and ambulance personnel.

In the case of anti-social behaviour the Act empowers a senior member of the Garda Síochána to apply to the District Court by way of a civil procedure for an order which will prohibit an adult from behaving in an anti-social manner.

Separate provision is being made in relation to young people. The Act introduces provisions for behaviour orders for children aged 12 to 18 years into the Children Act 2001 and the protections of that Act will apply. There will be a series of incremental stages, with parental involvement, preceding an application for a behaviour order. These include a warning, a good behaviour contract and referral to the Garda Juvenile Diversion Programme. Only after these stages can a behaviour order be sought through the courts.

The provisions on anti-social behaviour of the Criminal Justice Act, 2006 will be commenced soon, following the consultations required under the Act between my Department, the Office of the Minister for Children and the Commissioner of the Garda Síochána. These consultations are currently ongoing. The purpose of this is to ensure that these provisions will commence as soon as the Commissioner has made the necessary internal arrangements to ensure the smooth introduction of these new procedures.

Bernard J. Durkan

Question:

99 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform his proposals to deal with anti-social activity throughout County Kildare with particular reference to recreational or amenity space adjacent to residential areas; and if he will make a statement on the matter. [42225/06]

I can inform the Deputy that strong provisions are in place to combat public order problems including anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994, which modernised the law in this regard. The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. The Act provides for the making of exclusion orders on individuals to prohibit that person from entering or being in the vicinity of specified premises between such times, and during such a period, as the Court may specify. The Act also provides for the making of closure orders on specified premises, requiring that premises to close at a specified time or between specified times on a specified day or days during a specified period. A closure order may also require a premises to close for a maximum of 7 days in respect of a first order or for a minimum of 7 days and a maximum of 30 days in respect of a second order.

Furthermore, because of my concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, I brought forward tough provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003.

More recently, I brought forward additional provisions in the Criminal Justice Act 2006 to deal with public order offences and anti-social behaviour. In relation to public order offences, Section 184 amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to lesser public order offences as an alternative to proceedings being taken in the first instance. Section 185 of the 2006 Act amends section 19 of the Criminal Justice (Public Order Act) 1994 to make it an offence to assault or threaten or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. The definition of ‘Peace Officer' is expanded to include members of the fire brigade and ambulance personnel.

In the case of anti-social behaviour the Act empowers a senior member of the Garda Síochána to apply to the District Court by way of a civil procedure for an order which will prohibit an adult from behaving in an anti-social manner.

Separate provision is being made in relation to young people. The Act introduces provisions for behaviour orders for children aged 12 to 18 years into the Children Act 2001 and the protections of that Act will apply. There will be a series of incremental stages, with parental involvement, preceding an application for a behaviour order. These include a warning, a good behaviour contract and referral to the Garda Juvenile Diversion Programme. Only after these stages can a behaviour order be sought through the courts.

The provisions on anti-social behaviour of the Criminal Justice Act, 2006 will be commenced soon, following the consultations required under the Act between my Department, the Office of the Minister for Children and the Commissioner of the Garda Síochána. These consultations are currently ongoing. The purpose of this is to ensure that these provisions will commence as soon as the Commissioner has made the necessary internal arrangements to ensure the smooth introduction of these new procedures.

Current policing plans are predicated on the prevention of anti-social and public order offences, including offences committed in recreational or amenity areas adjacent to resident areas, the prevention of crime, including crimes of violence against persons and property, and the maintenance of an environment conducive to the improvement of quality of life of the residents. This strategy is, and will continue to be, central to the delivery of a policing service.

Illegal Immigrants.

Bernard J. Durkan

Question:

100 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [42226/06]

I would refer the Deputy to my Reply to Dáil Question Number 701 of 25 April, 2006, in relation to the case of the person concerned, whereby you will note that he was transferred to the United Kingdom on 13 April, 2006.

I now understand that the person concerned re-entered the State illegally, that is to say without proper papers, on or around the 28 November, 2006. He was subsequently Refused Permission to Land by an Immigration Officer. I further understand that he is currently in detention in Cloverhill Prison whilst awaiting his removal from the State.

The person concerned has no legal entitlement to be in the State and as such has no Residency Status.

Asylum Applications.

Bernard J. Durkan

Question:

101 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [42227/06]

Bernard J. Durkan

Question:

102 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [42228/06]

I propose to take Questions Nos. 101 and 102 together.

The persons in question arrived in the State on 16 April, 2003 and applied for asylum. Their application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The persons in question were granted temporary leave to remain in the State on 30 November, 2004, and this was renewed on 1 December, 2005. On 17 October, 2006 an application was received from the persons in question to have their permission to remain in the State renewed. I expect a decision to issue from my Department in the near future.

Bernard J. Durkan

Question:

103 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress in determining the residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [42229/06]

I refer the Deputy to Parliamentary Questions No. 245 of Thursday, 25 May, 2006 (ref: 20285/06), No. 151 of Thursday, 11 May, 2006 (ref: 17743/06) and No. 326 of Thursday, 6 April, 2006 (ref: 14070/06) and the written replies to those Questions. The position is unchanged.

Citizenship Applications.

Bernard J. Durkan

Question:

104 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the extent to which an application for naturalisation has been progressed in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [42230/06]

Applications for naturalisation from the individuals in question were received in the Citizenship Division of my Department on 15 March 2005. Applications received in the second half of 2004 are currently being processed and there are approximately 1550 applications awaiting processing before that of the persons in question. It is likely that the processing of these applications in question will commence in mid 2007. I will inform the Deputy and the persons concerned when I have reached a decision on the matter.

Visa Applications.

Bernard J. Durkan

Question:

105 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the procedure to be followed by a non-EU national who has been here for the past six years on an educational visa which allowed them to participate in part-time employment but now wishes to obtain full-time employment on foot of a job offer available to them; and if he will make a statement on the matter. [42234/06]

Non-EEA nationals granted permission to remain in the State fall into one of two categories: visa and non visa required nationals. A non visa required national legally resident in the State on student conditions can seek to change their status to allow them enter employment.

There are two main ways by which a non visa required national can take up employment, work permit and work authorisation. Work Authorisation is a scheme which covers highly specialised areas of the economy requiring a high level of skill and educational achievement — for example, the high-tech, medical, and engineering sectors. The criteria for issuing Work Authorisations changes regularly, according to the demands of the economy. The second option open to the person concerned, if they do not qualify for a Work Authorisation is for a prospective employer in Ireland to apply for a Work Permit in respect of them.

Work Permits and Authorisations are issued by the Department of Enterprise Trade and Employment who will be in a position to provide information as to the current status of these programmes.

Should a visa required national wish to take up employment, they must first leave the State and apply for the appropriate visa. However, should the offer of employment directly relate to the qualification obtained from the course of studies, a change of status within the State may be considered by their Immigration Officer. It would also follow that a prospective employer must apply to the Department of Enterprise, Trade and Employment to obtain a Work Permit or Work Authorisation on the person's behalf.

Residency Permits.

Olwyn Enright

Question:

106 Ms Enright asked the Tánaiste and Minister for Justice, Equality and Law Reform if a work permit from 10 January 2005 to 9 January 2006, 10 January 2004 to 9 January 2005, 10 January 2003 to 9 January 2004 together with an application of 1 July 1999 to 30 June 2000 have been included in the time spent in the State by a person (details supplied) in County Offaly together with an application submitted which was left pending in his Department for 12 months prior to the submission of a new work permit; if consideration in relation to the application which was not processed can be included in the calculation of time spent in the State; and if he will make a statement on the matter. [42252/06]

The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

Long term residency is granted on the basis that a non EEA national has completed five years (60 months) legal residence in the State on Work Permit conditions which is reflected in the corresponding Stamp 1 endorsements in a person's passport and not by the dates of commencement and expiry of each Work Permit. Subsequently, in calculating the reckonable period of 60 months legal residence, the Immigration Division of my Department only takes into consideration time spent in the State legally on work permit conditions. However, periods of time, where a person has not had legal residence (i.e.: having an up to date endorsement on Work Permit conditions in their passport) cannot be counted towards an application for long term residency.

The Immigration Division has no record of having any application from the person concerned pending for 12 months. On foot of representations received on the 26th April 2006 and a Parliamentary Question put down for answer on the 6th July 2006 (PQ 28110/06) the Immigration Division contacted the person concerned in writing requesting documentation in support of the application. The application was considered under the criteria for long term residency and a decision was made to refuse the application as he did not have the required residency.

However, in light of the particular circumstances, he was granted permission to remain in the State on the 24th October 2006 for a 4 month period to allow a prospective employer obtain a work permit on his behalf. He was also advised that in the event that a work permit was not obtained on his behalf, he should contact the Immigration Division to enable them review his case further. Enquiries made with the Garda National Immigration Bureau indicate that the person concerned has recently regularised his immigration status in line with the permission to remain granted, as outlined above.

Tax Code.

James Breen

Question:

107 Mr. J. Breen asked the Minister for Finance his views on extending the lower tax bracket for pensioners whose combined income might push them into the higher tax bracket; and if he will make a statement on the matter. [42095/06]

The position is that elderly taxpayers are treated more favourably than the generality of taxpayers under the income tax code and this treatment was underlined in my 2007 Budget. After Budget 2007, elderly earners aged 65 or over may earn €19,000, if single, or €38,000, if married, without having any liability for income tax. Above these limits a system of marginal relief applies. The limits compare very favourably with the entry points to taxation for earners aged under 65 of €17,600 for a single person, €26,400 for a married one-earner couple without dependent children and €35,200 for a married two earner couple.

Where elderly earners cannot benefit from the age exemption limits because their income is above a level where the limits would be of benefit, such earners are entitled to the age tax credit which, after Budget 2007, stands at €275 for a single person and €550 for a married couple. The age credit applies in addition to their basic personal credits. I have no plans to introduce a special tax band for pensioners as suggested by the Deputy.

Seán Haughey

Question:

108 Mr. Haughey asked the Minister for Finance the threshold for liability for capital acquisitions tax in the case of a child inheriting a €750,000 family home on the death of a father in view of the fact that this child moved back into the family home for three years prior to the death, to care for the deceased even though the child owns a separate apartment elsewhere; if these special circumstances can be taken into account in determining liability; if this threshold can be raised for Dublin properties in view of the higher prices in this region; and if he will make a statement on the matter. [42147/06]

Section 86 of the Capital Acquisitions Tax (CAT) Consolidation Act 2003 provides an exemption from CAT, in certain circumstances, for persons who acquire their family home by way of gift or inheritance. The relief was introduced in order to reduce the tax burden faced by individuals on receipt of the family home. The relief does not apply a threshold to the value of property that is being transferred.

In order to qualify for the relief, the beneficiary (i.e the person receiving the gift or inheritance) must have resided in the house for a minimum of 3 years prior to the gift or inheritance and must not have had an interest in any other dwelling house at the time of acquisition/inheritance. In addition, the beneficiary must continue to occupy that dwelling house as his or her only or main residence for a period of 6 years commencing on the date of the gift/inheritance. These conditions were included in the legislation in order to restrict the relief to genuine cases and avoid the relief being used as a means of tax avoidance. In the case referred to by the Deputy, the individual concerned would not qualify for relief under Section 86 as the individual has an interest in another property.

However, the CAT code includes group thresholds, below which no CAT is liable. Disposals from a parent to a child are exempt from CAT up to the value of €478,155. This threshold is increased on an annual basis in accordance with the CSO Consumer Price Index. Any other gifts/inheritance that might have been received within the same group by an individual since 5 December 1991 are also taken into account when applying the thresholds for the purposes of calculating CAT. If the total value of all inheritances and gifts received since this date is above the relevant threshold, then a 20% CAT will apply on the difference. In this regard, where the individual referred to by the Deputy has not received any other gifts or inheritances from his or her parents, he/she will only be liable to inheritance tax on the value of the property above €478,155.

Special Incentive Savings Scheme.

Seán Haughey

Question:

109 Mr. Haughey asked the Minister for Finance if he will raise the €10,000 threshold for the payment of money out of a SSIA to the spouse of a deceased account holder, to €25,000 in cases where probate has not been finalised; and if he will make a statement on the matter. [42148/06]

The SSIA scheme commenced on 1 May 2001 and is administered by Qualifying Savings Managers in accordance with legislation and guidelines issued by the Revenue Commissioners. Individuals aged 18 and over who were resident in the State could open an SSIA account and in the case of a married couple, both spouses could open their own accounts. However, the SSIA rules do not deal specifically with the issue raised by the Deputy. Rather there are specific provisions in general law in relation to the administration of an estate of a deceased person, and these must be followed before the assets of the estate can be distributed. The funds in the SSIA account constitute an asset of the estate of the deceased person. The net assets of the estate are distributed to the beneficiaries by the executors or administrators following grant of probate or of letters of administration.

On the death of an individual, his/her SSIA account is treated as maturing. In the case of an SSIA that was a deposit account from which no withdrawals had been made up until date of death, the capital invested by the SSIA account holder, together with the Government contribution, remains the property of the deceased individual's estate and are not taxed. Tax is charged (at 23%) only on the interest portion. The holding of an SSIA account by an individual, whose spouse has died, is not affected by the other spouse's death.

Tax Code.

Ned O'Keeffe

Question:

110 Mr. N. O’Keeffe asked the Minister for Finance if he will examine the tax refund scheme in respect of medical or dental expenses where a person does not pay any income tax in year one but incurs medical and dental expenditure during that year and where during the following year pays income tax which exceeds the medical or dental expenses for the two years, that he would permit this taxpayer to claim the refund of tax in respect of both years. [42149/06]

Section 469 of the Taxes Consolidation Act 1997 provides for relief from income tax in respect of certain qualifying health expenses incurred by an individual in respect of himself/herself and/or on behalf of his or her relatives or dependents in a tax year. Section 469(5) provides that where health expenses are incurred in one year but not paid until a following year, an individual has the option to claim health expenses tax relief either in the year in which the expense was incurred or in the year in which payment in respect of such expense was made. However, where an individual incurs health expenses in a tax year and pays for such expense in that year, any claim for health expenses must relate to that year.

I am informed by the Revenue Commissioners that, in the circumstances described by the Deputy, that is, where the individual incurred and paid for qualifying medical or dental treatment in two separate tax years but paid tax in only one of those years, the individual would not be entitled to tax relief in respect of the health expense incurred and paid for in the first year. However, the person would be entitled to claim tax relief in respect of health expenses incurred and paid in the second year.

Health expenses relief is generally provided by way of repayment of tax paid and only to the extent that tax has been paid. Where a person has paid for qualifying health expenses but has not paid tax in a year, it is not possible to provide relief under the scheme to him or her. I have no plans at present to change this position.

Flood Relief.

Michael Ring

Question:

111 Mr. Ring asked the Minister for Finance the works that were carried out by the Office of Public Works on a river (details supplied) in County Mayo in the past ten months; and if he is satisfied that these works were not a contributing factor to the recent flooding of that river. [42173/06]

Michael Ring

Question:

112 Mr. Ring asked the Minister for Finance if the Minister of State at the Office of Public Works will personally visit the area which was severely flooded last weekend in County Mayo in order that he can witness the damage this flooding caused; and the work that will be carried out to prevent such an occurrence again. [42174/06]

I propose to take Questions Nos. 111 and 112 together.

The flooding in Crossmolina resulted from the River Deel over-topping its banks at a point upstream of the section of the river which the Commissioners of Public Works maintain under the Arterial Drainage Act, 1945. The section that the Commissioners are responsible for is maintained in proper repair and effective condition, as required by the Act. No works were deemed necessary or carried out by the Commissioners in the past ten months in that section. The Commissioners have not carried out any works in the area where the flooding occurred and have no power at present to do so.

Office of Public Works engineers visited the area on Monday of this week and collected data from Mayo County Council officials and local residents that will help to establish the cause of the flooding. Further meetings of officials will take place, commencing this week, to identify possible measures to reduce future flood risk and potential mechanisms to implement any such measures.

Garda Stations.

Bernard J. Durkan

Question:

113 Mr. Durkan asked the Minister for Finance the reason for the delay in the provision of the proposed new Garda station for Leixlip, County Kildare; when the station is expected to open in view of the fact that approval was initially given for the project in 1996; and if he will make a statement on the matter. [42205/06]

The search for a site for a Garda station in Leixlip began in 1997. A number of sites were considered. In 2002 a suitable site was identified at Station Road, Leixlip. Site acquisition was completed in October 2002. Additional land adjacent to the Station Road site was sought from Kildare County Council to facilitate increases in Garda accommodation requirements. In May 2005 agreement was reached with Kildare County Council to transfer this plot of land to OPW.

Following approval of the revised sketch scheme by the Department of Justice, Equality & Law Reform, the Part 9 consultation began in December 2005. The Commissioners of Public Works appointed an independent assessor to consider the 98 submissions received in response to the Part 9 notice. In September 2006 the Commissioners made a formal decision to proceed with the construction of the station. Tenders have been issued. It is expected that construction will commence on site early next year and completion will be mid 2008.

Infectious Diseases.

Martin Ferris

Question:

114 Mr. Ferris asked the Minister for Health and Children the number of members of staff at Kerry General Hospital who have been tested for MRSA. [42087/06]

Martin Ferris

Question:

117 Mr. Ferris asked the Minister for Health and Children the number of staff in Kerry General Hospital who have been given the results of their tests for MRSA. [42120/06]

Martin Ferris

Question:

118 Mr. Ferris asked the Minister for Health and Children the number of staff in Kerry General Hospital who have tested positive for MRSA. [42121/06]

I propose to take Questions Nos. 114, 117 and 118 together.

Infection prevention and control of Health Care Associated Infections (HCAIs), including MRSA, in health institutions is a matter for the Health Service Executive, as part of its overall responsibility for the management and delivery of health and personal social services.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services.

John Cregan

Question:

115 Mr. Cregan asked the Minister for Health and Children the reason a person (details supplied) has to wait until April 2007 to have a biopsy and endoscopy carried out in Crumlin Children’s Hospital; and if there is a way in which the patients on this waiting list can have their procedures carried out sooner. [42088/06]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

James Breen

Question:

116 Mr. J. Breen asked the Minister for Health and Children further to Parliamentary Question No. 257 of 25 April 2006, regarding the terms of reference of the independent consultative committee to review acute hospitals in the mid-west, when this independent review will commence; the person who is conducting the review; when that review started or is expected to start; when it is expected to conclude; and the impact the review will have on the recently announced development of Ennis General Hospital and the existing service there. [42105/06]

The review of acute hospital services in the Mid West region is the responsibility of the Health Service Executive. Therefore the questions raised by the Deputy are a matter for the HSE. Accordingly my Department has requested the Parliamentary Affairs Division to arrange to reply directly to the Deputy.

Questions Nos. 117 and 118 answered with Question No. 114.

Health Service Allowances.

Michael Ring

Question:

119 Mr. Ring asked the Minister for Health and Children when the mobility allowance will be approved and awarded to a person (details supplied) in County Mayo in view of the fact that this has been ongoing for several months. [42130/06]

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

Medical Research.

Trevor Sargent

Question:

120 Mr. Sargent asked the Minister for Health and Children the frequency of visits by inspectors to registered user establishments licensed for animal experiments. [42150/06]

Inspections of registered user establishments are carried out in accordance with Section 10 of the Cruelty to Animals Act 1876, as amended. The Act provides for all registered establishments to be visited from time to time by inspectors for the purpose of securing compliance with the provisions of the Act. Veterinary staff of the Department of Agriculture and Food have acted as inspectors under a long standing arrangement with that Department: however, this arrangement is currently under discussion. Officials of my Department do not carry out these inspections.

Mental Health Services.

Róisín Shortall

Question:

121 Ms Shortall asked the Minister for Health and Children the funding that has been set aside in the Book of Estimates 2007 and under which specific sub heads for increased resources to progress A Vision for Change; and if she will make a statement on the matter. [42160/06]

In yesterday's budget statement, the Minister for Finance announced an additional €25 million for the further development of our mental health services in line with the Report of the Expert Group on Mental Health Policy, "A Vision for Change". Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services is provided as part of its overall vote. The HSE's National Service Plan for 2007 will include details of the services to be provided in respect of mental health.

Vaccination Programme.

Paul Kehoe

Question:

122 Mr. Kehoe asked the Minister for Health and Children the reason for the delay in introducing a vaccine damage compensation scheme as mentioned in Parliamentary Question No. 265 of 21 March 2006; the stage the process is currently at; and when she plans to finalise same. [42161/06]

The issue of the feasibility of introducing a no-fault a compensation scheme for those damaged by vaccination is being considered by my Department. A steering group with specific terms of reference is now being established and it will be asked to furnish its report as a matter of urgency.

Health Service Funding.

Brian O'Shea

Question:

123 Mr. O’Shea asked the Minister for Health and Children the proposals she has to ensure adequate funding for an organisation (details supplied); and if she will make a statement on the matter. [42185/06]

In 2006, total health funding is €13.147 billion, which represents an underlying increase of 12.04% over 2005. The vast bulk of this funding is provided under the vote of the Health Service Executive which has statutory responsibility for the management and delivery of health and personal social services. This continuing high level of investment by the Government provides the Executive with considerable capacity to address the health care needs of the population in the most effective manner.

Funding for all health services has been provided as part of the Executive's overall vote for health and personal social services in 2006. The allocation of resources in the case raised by the Deputy is a matter for the Executive to be determined within the overall priorities for particular services set out by me in the Budget. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Bernard J. Durkan

Question:

124 Mr. Durkan asked the Minister for Health and Children if and when speech therapy will be offered in the case of a person (details supplied) in County Kildare whose parent brought to the attention of the authorities their need for urgent attention more than two years ago; the steps she proposes to take by way of policy initiative to compel or enable the Health Service Executive make the necessary provision to meet the speech and language therapy requirements of this child or similarly affected children; and if she will make a statement on the matter. [42206/06]

As the Deputy may be aware additional funding of €12.5m was provided to the Health Service Executive, in the 2006 Budget, to enhance the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism, with a priority in 2006 on enhancing the assessment and support services for children with disabilities. The Health Service Executive has also indicated to my Department that their priority in 2006 has been to increase the multi-disciplinary support for children with developmental delay.

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

Medical Cards.

Bernard J. Durkan

Question:

125 Mr. Durkan asked the Minister for Health and Children when an inclusive medical card will issue in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [42207/06]

Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a graduated benefit so that people on lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP.

Since the beginning of 2005 substantial changes have been made to the way in which people's eligibility for a medical card is assessed and these apply equally to the assessment process for a GP visit card. The income guidelines have been increased by a cumulative 29% and in addition allowance is now made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work costs. In June 2006 I agreed with the Health Service Executive a further adjustment to the assessment guidelines for GP visit cards and these are now 50% higher than those in respect of medical cards.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Nursing Home Subventions.

Bernard J. Durkan

Question:

126 Mr. Durkan asked the Minister for Health and Children if subvention will be granted towards nursing home care in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [42208/06]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Telecommunications Services.

Martin Ferris

Question:

127 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if Regtel the independent regulator of the telecommunications sector here was established by legislation; and if he will make a statement on the matter. [42108/06]

Responsibility for the regulation of the content and promotion of Premium Rate Telecommunications Services including subscription based services is a matter for Regtel, an independent self regulatory body established in 1995 to regulate these services. Regtel does not report to me as Minister for Communications, Marine and Natural Resources. The area of consumer protection within which RegTel operates falls mainly under the remit of my colleague the Minister for Enterprise, Trade and Employment and the Office of the Director of Consumer Affairs.

Martin Ferris

Question:

128 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the action that can be taken by persons or the State against mobile phone operators who are in breach of EU directive on privacy and electronics communications 2003 in relation to unsolicited text messages from commercial companies. [42129/06]

I have no function in this matter. Responsibility for the enforcement of regulatory issues surrounding mobile phone operators who are in breach of EU Directive on Privacy and Electronics Communications 2003 in relation to unsolicited text messages from commercial companies rests with Office of the Data Protection Commissioner and the Commission for Communications Regulation (ComReg).

Fisheries Protection.

John Perry

Question:

129 Mr. Perry asked the Minister for Communications, Marine and Natural Resources when his Department was made aware of traces of bonamia found in Lough Swilly, County Donegal; and if he will make a statement on the matter. [42181/06]

Following routine autumn testing carried out on wild oysters by the Marine Institute in Lough Swilly during the period 25 — 27 October 2006, suspicions of the presence of Bonamia ostreae were raised when thirteen out of seventy five oysters were identified as suspect positive. The Marine Institute informed the Department on 7th November that they had forwarded these suspect samples to the Central European Laboratory (CRL) INFREMER, La Tremblade, France, for further analysis.

The Department, acting on the advice of the Marine Institute, immediately put in place procedures to restrict movements of shellfish from Lough Swilly on a precautionary basis, which will now be given permanent effect. As a result of further confirmatory testing the Marine Institute informed the Department definitively of the presence of Bonamia ostreae in Lough Swilly on 23 November 2006. Following consultation with the Marine Institute and Seafood Control the Department has now forwarded guidelines on best practise to all operators within Lough Swilly.

Human Rights Issues.

John Perry

Question:

130 Mr. Perry asked the Minister for Foreign Affairs if he will make a statement on correspondence (details supplied). [42180/06]

I would refer the Deputy to my reply to PQ No. 39549/06 of 23 November. As I indicated on that occasion, I am aware of, and deeply concerned by, the shooting of Tibetan refugees which occurred at the Tibet-Nepal border on 30 September. The issue has specifically been raised with the Chinese authorities by the EU. The EU-China Human Rights Dialogue is the agreed formal framework through which the EU raises its concerns with China about individual human rights cases, and more general issues such as freedom of expression and the abolition of the death penalty. The latest round of the Dialogue was held in Beijing on 19 October. Senior officials from both sides discussed a wide range of human rights issues including this specific incident.

The EU expressed deep concern about these events and urged China to investigate the incident thoroughly. We continue to have serious concerns about the Chinese explanation of the event, which does not appear compatible with the testimony of independent eyewitnesses or video footage of the event. I believe it is important that China seek to establish and address the full facts of the incident. Ireland, with our EU partners, will continue to follow up the matter closely with the Chinese authorities.

On a bilateral level, the Government has consistently called on the Chinese authorities to respect fully the rights of the Tibetan people, including their socio-economic and human rights. I met with Chinese foreign Minister Li Zhaoxing during a visit to Beijing in May. During our meeting, I had the opportunity to raise human rights issues and concerns including the importance we attach to freedom of speech and freedom of religion.

Sports Capital Programme.

John Perry

Question:

131 Mr. Perry asked the Minister for Arts, Sport and Tourism if he will confirm that funding will be allocated under the 2007 sports capital programme for the proposed development of enhanced sports facilities at parks (details supplied) in County Sligo: the amount that will be sanctioned; and if he will make a statement on the matter. [42155/06]

The 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 2007 programme were invited through advertisements in the Press on October 15th and 16th last. The closing date for receipt of applications was Friday November 24th last. All applications received before the deadline, including one for the project in question, will be 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.

Willie Penrose

Question:

132 Mr. Penrose asked the Minister for Arts, Sport and Tourism if he will confirm that an application for funding has been received from an organisation (details supplied); if in the context of the work that has been done by this organisation he will ensure that the necessary funding is provided to enable this organisation to put in place the additional accommodation required; and if he will make a statement on the matter. [42195/06]

The 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 2007 programme were invited through advertisements in the Press on October 15 and 16 last. The closing date for receipt of applications was Friday November 24 last. All applications received before the deadline, including one from the organisation in question, will be 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.

Job Losses.

Joe Higgins

Question:

133 Mr. J. Higgins asked the Minister for Enterprise, Trade and Employment if the workers made redundant from the Irish Glass Bottle Company are to receive moneys from the sale of the site on which the company was located. [42136/06]

It is this Department's function to ensure that redundant employees receive their full statutory redundancy entitlements. There are no legislative provisions in operation for this Department to compel the Irish Glass Bottle Company to pay amounts over and above the statutory redundancy lump sums to redundant workers from the proceeds of the sale of the site on which the company was located.

Joe Higgins

Question:

134 Mr. J. Higgins asked the Minister for Enterprise, Trade and Employment the legislative situation which allowed a company or its successor (details supplied) to hive off its main asset, the site on which the company was located, and plead that there were no assets to make redundancy payments to the workforce. [42137/06]

In accordance with the provisions of the Redundancy Payments Acts 1967 to 2003, the company concerned paid the employees their full statutory redundancy entitlements. A 60% rebate amounting to approximately €1.3 million was paid to the company on foot of these redundancies.

National Minimum Wage.

Pat Carey

Question:

135 Mr. Carey asked the Minister for Enterprise, Trade and Employment if it is legal for an employer to pay part of an employee’s wages as expenses or allowance to bring that employee up to the level of the minimum wage; and if he will make a statement on the matter. [42165/06]

The National Minimum Wage Act 2000 requires that an employer must pay the appropriate minimum hourly rate of pay. Under Section 19 of the National Minimum Wage Act, the reckonable pay components which may be taken into account in calculating an employee's national minimum entitlement include the following:

1. Basic Pay.

2. Shift premium.

3. Piece and incentive rates, commission and bonuses which are productivity related.

4. The monetary value of board with lodgings, board only or lodgings only, not exceeding the amount, if any, prescribed for the purposes.

5. The amount of any service charge distributed to the employee through the payroll.

Part 2 of the Schedule to the National Minimum Wage Act sets out payments or benefits-in-kind that may not be included as pay of an employee for the purposes of calculating if an employee is being paid his/her minimum rate of pay entitlement. These are as follows:

Non-Reckonable Pay Components

1. Overtime premium.

2. Call-out premium.

3. Service pay.

4. Unsocial hours premium.

5. Any amount distributed to the employee of tips or gratuities paid into a central fund managed by the employer and paid through the payroll.

6. Public holiday premium, Saturday premium and Sunday premium, where any such holidays or days are worked.

7. Allowances for special or additional duties including those of a post of responsibility.

8. Any payment of expenses incurred by the employee in carrying out his or her employment, including travel allowance, subsistence allowance, tool allowance and clothing allowance.

9. On-call or standby allowance.

10. Any payments for or in relation to a period of absence of the employee from the workplace, such as sick pay, holiday pay, payment for health and safety leave under the Maternity Protection Act, 1994 or pay in lieu of notice, but not including a payment made under section 18 of the Organisation of Working Time Act, 1997 (zero hour protection).

11. Any payment by way of an allowance or gratuity in connection with the retirement or resignation of the employee or as compensation for loss of office.

12. Pension contributions paid by the employer on behalf of the employee.

13. Any payment referable to the employee's redundancy.

14. Any advance of a payment referred to in Table 3 in the specific pay reference period relating to a subsequent pay reference period.

15. Any payment-in-kind or benefit-in-kind, except board with lodgings, lodgings only or board only.

16. Any payment to the employee otherwise than in his or her capacity as an employee.

17. Any payment representing compensation for the employee, such as for injury or loss of tools and equipment.

18. An amount of any award under a staff suggestion scheme.

19. Any loan by the employer to the employee, other than an advance payment referred to in paragraph 7 in Part 1 of the Schedule to the Act.

Work Permits.

Bernard J. Durkan

Question:

136 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the procedure to be followed by a non-EU national who has been here for the past six years on an educational visa which allowed them to participate in part-time employment but now wishes to obtain full-time employment on foot of a job offer available to them; and if he will make a statement on the matter. [42235/06]

From the information supplied by the Deputy it appears that the above individual entered the State to pursue a course of studies and is therefore not entitled to enter full time employment. However, it should be noted that students attending recognised programmes of study are entitled to work twenty hours per week during term time and forty hours per week during holidays without, at present, the need for a work permit.

In the aftermath of EU Enlargements, it is Government policy that employers should be able to source nearly all of their workforce needs from within the EU. Accordingly, only in cases where exceptional levels of skill and qualifications are needed for the job, and the employer has made meaningful attempts to find EEA nationals first, will my Department now consider work permit applications.

Social Welfare Benefits.

Michael Ring

Question:

137 Mr. Ring asked the Minister for Social and Family Affairs if funding will be made available from the Office of Public Works to offset losses incurred due to flooding in County Mayo (details supplied) in view of the severity of the flooding involved. [42172/06]

The supplementary welfare allowance (SWA) scheme, which is administered on my behalf by the Community Welfare Division of the Health Service Executive (HSE), is designed to provide immediate and flexible assistance for those in need who do not qualify for payment under other State schemes.

Under the legislation governing the scheme, the Health Service Executive (HSE) may make a single payment to meet an exceptional needs payment to people on social welfare or health board payments. This is a once-off payment to meet an unforeseen or special need that cannot be met from a person's basic income.

Assistance in the form of an Urgent Needs Payment (UNP) can be also made to persons who would not normally be entitled to SWA, top assist, for example in cases of flood damage where immediate needs, such as food, clothing, fuel, household goods and perhaps shelter, of the people affected may be met by a UNP in cash or in kind.

My Department's role in supporting the response to this particular flooding event will primarily involve supporting the community welfare service in the provision of ENP and UNP funding in the short term and other supports where applicable to cater for the long term effects of the flooding.

My Department has been in contact with the local representatives of the community welfare service in order to ascertain the immediate and long term effects of the flooding in this case. The local community welfare officer has visited the area and is available to provide assistance on an individual basis, where that is warranted.

Michael Ring

Question:

138 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo did not receive an extra payment. [42131/06]

To qualify for a Christmas bonus, a jobseeker's allowance customer must have been in receipt of the payment for a minimum of 390 days prior to 22 November 2006. The person concerned was in receipt of the payment for 352 days on 22 November 2006 and therefore, not entitled to a Christmas bonus payment.

Michael Ring

Question:

139 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance. [42132/06]

The person concerned applied for carer's allowance on 30 August 2006. The principal conditions for receipt of the allowance are that full-time care and attention is required and being provided and that the means test that applies is satisfied.

The person concerned was requested to forward a completed medical report in respect of the care recipient as well as other outstanding information necessary to process her application. On consideration of this report the application was refused on the basis that full-time care and attention was not required in this case. She has been afforded the opportunity to submit, further medical evidence so that the application can be further considered.

Under Social Welfare legislation, decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.

Pension Provisions.

John Perry

Question:

140 Mr. Perry asked the Minister for Social and Family Affairs if, with regard to the state pension transition where a person can earn less that €38 a week paying PRSI at Class J, he will increase this amount; and if he will make a statement on the matter. [42153/06]

The state pension (transition), previously known as the retirement pension, is a social insurance payment made to persons aged 65 who entered social insurance at least 10 years before reaching pension age, who paid a minimum number of PRSI contributions at the appropriate rate and who achieved a minimum yearly average contribution rate over their working lives.

In addition to satisfying the relevant contribution conditions, those qualifying for a state pension (transition) must be retired from employment. Retirement is defined as meaning that a person is not engaged in an employment which is insurable employment or insurable self-employment, other than an employment which is insurable for occupational injuries benefit only. For employees, coverage for occupational injuries only is linked to a threshold of earnings, currently set at €38 per week. Similarly, self-employed workers are not entitled to state pension (transition) unless they have income of less than €3,174 per annum.

An increase in the employee insurability threshold would remove full social insurance cover from a large number of employees who are not retired and are working part time and on low earnings.

There are no plans at present to alter the arrangements with regard to entitlement to state pension (transition), nor the income thresholds related to insurability, but the matter is being kept under review.

Social Welfare Benefits.

Michael Ring

Question:

141 Mr. Ring asked the Minister for Social and Family Affairs the reason the application for carer’s allowance for a person (details supplied) in County Mayo is being held up in view of the fact that all information has already been submitted to his Department and was applied for in September 2006. [42162/06]

The person concerned applied for an increase in her carer's allowance in respect of a second care recipient on 13 September 2006.

The case was referred to an Investigative Officer of my Department to establish that all the conditions for receipt of the allowance are satisfied in respect of both care recipients. The Investigative Officer's report indicated that while full time care and attention is being provided to the second care recipient, full time care and attention is no longer being provided to the first care recipient. A letter issued to the person concerned on 5 December 2006, informing her that her entitlement to Carers Allowance in respect of the first care recipient is currently under review and affording her the opportunity to submit, within 21 days, any statement or evidence she may wish to make available to the Deciding Officer. In the meantime, the current rate will remain in payment and she has been awarded an increase in the allowance in respect of the second care recipient with effect from 14 September 2006.

Under Social Welfare legislation, decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.

Olwyn Enright

Question:

142 Ms Enright asked the Minister for Social and Family Affairs the details of entitlement to a back to education allowance; if a person in receipt of a one parent family allowance can also receive a back to education allowance on their return to college; and if he will make a statement on the matter. [42190/06]

The back to education allowance is a second chance education opportunities programme 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.

To qualify for participation in the scheme a person must be, at least 21 years of age (18 for people with disabilities) and in receipt of a relevant social welfare payment for 6 months if pursuing a second level course and 12 months if pursuing a third level course. Persons in receipt of an unemployment payment for 9 months may pursue a third level course if they are participating in the National Employment Action Plan (NEAP) process.

Lone parents and persons in receipt of an unemployment payment can participate in the scheme if they are between 18 to 20 years of age and out of formal education for at least 2 years. This provision is subject to satisfying the qualifying period in receipt of a relevant social welfare payment.

The back to education allowance is a social welfare replacement income which is paid at a standard weekly rate equivalent to the maximum rate of the relevant social welfare payment that qualifies the applicant for participation in the scheme. The allowance is not payable in addition to another social welfare payment.

The allowance also has a number of other features attaching to it. It is payable for the duration of the course of study, which in the case of lone parents includes all holiday periods. The scheme itself is not means tested and, consequently, lone parents may take up part-time employment during the academic year and full-time employment during the summer period without affecting their payment. In addition, participants receive a cost of education allowance of €400 which is payable at the beginning of each academic year. Participants may also retain entitlement to any secondary benefits they had while in receipt of the relevant social welfare payment that qualified them for participation in the scheme.

Bernard J. Durkan

Question:

143 Mr. Durkan asked the Minister for Social and Family Affairs the extent to which a person (details supplied) in County Kildare is entitled to full disability payment while their case is on appeal; and if he will make a statement on the matter. [42233/06]

The person concerned claimed Illness Benefit in January 2005. Her entitlement was reviewed in November this year and, on the basis of the opinion of a Medical Assessor that she was capable of work, a Deciding Officer disallowed her claim with effect from 18 November 2006. This decision is currently under appeal by the person concerned.

While Illness Benefit cannot be paid to a person who has been found capable of work, such persons can apply for Jobseeker's Benefit. In this case the person concerned did apply for Jobseeker's Benefit on 4 December and that claim has now been awarded with effect from 21 November 2006. The first payment will be available in the post office on Monday 11 December 2006.

Company Closures.

Joe Higgins

Question:

144 Mr. J. Higgins asked the Minister for Transport the way the proceeds of the sale of the site of the Irish Glass Bottle Company will be divided between the Dublin Port Company, the directors of a company (details supplied) and the shareholders of that company. [42134/06]

Joe Higgins

Question:

145 Mr. J. Higgins asked the Minister for Transport the process by which a company (details supplied) was able to acquire the site on which the Irish Glass Bottle Company was located and enter into an arrangement with the Dublin Port Company to sell this asset. [42135/06]

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

Full details regarding the division of the proceeds from the sale of the Irish Glass Bottle site are available in the Irish Stock Exchange announcement made by South Wharf plc on 10 November 2006 headlined ‘Proposals for Acquisition'. This is available in the company announcements section of the Irish Stock Exchange's website www.ise.ie.

Included in the announcement is the following paragraph:

Becbay has agreed to pay an Aggregate Amount of €411,987,000 in cash, which represents the highest bid received under the Tender Process. Of the Aggregate Amount, Dublin Port will receive €138,427,632, being 33.6% thereof, in accordance with the terms of the Settlement Agreement as announced on 29 June, 2006. The balance of €273,559,368, less certain deductions (described below and currently estimated at between €19 million and €21.5 million), will be paid on a proportionate basis as Cash Consideration to the South Wharf Shareholders at the Scheme Record Time.

In response to the Deputy's second question, South Wharf did not acquire the site on which the Irish Glass Bottle Company was located. South Wharf owns the leasehold interest in the site, while Dublin Port Company owns the freehold interest. In June 2006, the two parties reached an agreement to sell both their interests. Again, the details of this agreement were disclosed in a company announcement from South Wharf to the Irish Stock Exchange on 30 June 2006, headlined ‘Agreement re Ringsend Site'. This announcement is also available on the ISE website.

Ship Inspections.

Eamon Ryan

Question:

146 Mr. Eamon Ryan asked the Minister for Transport if his attention has been drawn to the failure of private companies operating at Dublin Port to allow trade union representatives to gain access to chartered vessels in order to carry out inspections, as provided for under the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), to which Ireland is a signatory; if he has had communication with the Dublin Port Authority with regard to this matter; and the measures his Department has taken to ensure that Ireland is fully compliant with its obligations under the convention. [42124/06]

My Department of Transport has not been in communication with the Dublin Port Company in relation to the matters raised by the Deputy, in relation to which I have no function.

Department of Transport marine surveyors carry out inspections of ships docked in Irish ports and these inspections cover, inter alia, matters relating to the safe operation of such ships and the living and working conditions of ships' crew.

Road Network.

Olivia Mitchell

Question:

147 Ms O. Mitchell asked the Minister for Transport if his attention has been drawn to the most recent estimate of the cost of the upgrade of the five main inter-urban routes to motorway standard; the original estimated cost of this project; and if he will make a statement on the matter. [42192/06]

Under Section 17 of the Roads Act 1993 the overall responsibility for the planning, design and implementation of National Road Projects is a matter for the National Roads Authority and the relevant local authority.

Departmental Programmes.

Martin Ferris

Question:

148 Mr. Ferris asked the Minister for Community, Rural and Gaeltacht Affairs the number of people participating in the social and rural scheme nationally; and the number participating in each county. [42106/06]

Martin Ferris

Question:

149 Mr. Ferris asked the Minister for Community, Rural and Gaeltacht Affairs the way he will address the anomaly by which persons in receipt of invalidity, lone parent and old age benefits can only receive a maximum of €24.40 for 19.5 hours work per week. [42125/06]

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

As of last Friday, 1 December, there were 2,593 participants on the Rural Social Scheme (RSS) out of the 2,600 places currently available. The number of participants on a county basis is set out in the table.

Participants in receipt of One ParentFamily Benefit, Disability Allowance and Widow's/Widower's Pension receive a top-up payment under the RSS. However, the Deputy should note that this payment is in addition their weekly social welfare payment which they continue to receive while on the Scheme. The RSS is also recognised as a qualifying payment for the purpose of assessing entitlement to certain secondary benefits, such as medical card, fuel allowance, back to school clothing and footwear allowance. The entitlement of RSS participants to such secondary benefits is, of course, a matter for the relevant paying authority i.e. the Department of Social and Family Affairs and the Health Service Executive.

Participants on the Scheme, who are in receipt of the benefits/allowances referred to above, are receiving a total weekly payment appropriate to their circumstances, as determined by the Department of Social and Family Affairs.

Number of RSS Participants per County.

County

Participant

Carlow

14

Cavan

81

Clare

115

Cork

168

Donegal

229

Galway

270

Kerry

279

Kildare

22

Kilkenny

19

Laois

25

Leitrim

100

Limerick

75

Longford

56

Louth

10

Mayo

574

Meath

15

Monaghan

38

Offaly

47

Offshore Islands

15

Roscommon

146

Sligo

122

Tipperary

66

Waterford

11

Westmeath

34

Wexford

43

Wicklow

19

Total

2,593

National Drugs Strategy.

Róisín Shortall

Question:

150 Ms Shortall asked the Minister for Community, Rural and Gaeltacht Affairs when the review of the local drugs task force (details supplied) will be published; the reason for the delay; and if he will lay the report before the Houses of the Oireachtas. [42188/06]

The expenditure review of the Local Drugs Task Forces will be laid before the Houses of the Oireachtas this month and will be published on my Department's website soon thereafter.

While drafts had been under consideration earlier, the report was finalised in recent weeks.

Grant Payments.

Jimmy Deenihan

Question:

151 Mr. Deenihan asked the Minister for Agriculture and Food the level of entitlements under the single payment scheme that were approved for a person (details supplied) in County Kerry; and if she will make a statement on the matter. [42093/06]

The person named submitted an application under the 2006 Single Payment Scheme declaring 47.72 eligible hectares. Therefore, in accordance with the relevant EU Regulations, payment can only be made on 47.72 entitlements from the total of 59.41 entitlements held by the person named. This has resulted in issue of a payment amounting to €5,039.39.

Paul Connaughton

Question:

152 Mr. Connaughton asked the Minister for Agriculture and Food the reason a person (details supplied) in County Galway is not entitled to a larger addition to the decoupled dairy premium onto their single payment scheme; if her attention has been drawn to the fact that the applicant has a dairy quota of 48,000 gallons of which they received only €4,903.39 in the 2005 dairy premium and €2,486.62 for the 2006 dairy premium; their full single payment; and if she will make a statement on the matter. [42138/06]

The 2005 Dairy Premium of the person named was based on a milk quota of 46,775 gallons; the person named is in agreement with this figure, following direct contact with an official of my Department. The 2006 Dairy Premium amounted to €2,486.62, which represents the third and final phase of the increase of the Premium as provided for in the relevant EU Regulations. This amount is in addition to the 2005 amount, which has already been in incorporated in the Single Payment entitlements of the person named.

Ned O'Keeffe

Question:

153 Mr. N. O’Keeffe asked the Minister for Agriculture and Food when a payment of the EU single farm payment will issue to a person (details supplied) in County Cork. [42142/06]

The position is that an application to transfer entitlements under the 2006 Single Payment Scheme from the person named was submitted on the 3 May 2006. A separate application was also submitted to transfer entitlements under the 2006 Single Payment Scheme to the person named on the 2 October 2006. Both applications have now been fully processed and payment will issue shortly.

The person named submitted an application under the Single Payment/Disadvantaged Areas Scheme 2006 on 5 May 2006. Payment of €1,159.02 issued on 21 September 2006 in respect of the Disadvantaged Areas Scheme.

Willie Penrose

Question:

154 Mr. Penrose asked the Minister for Agriculture and Food the steps she will take to have a single payment which is due to persons (details supplied) in County Westmeath granted to them; and if she will make a statement on the matter. [42194/06]

The position is that an application for the Transfer of Entitlements under the 2006 Single Payment Scheme from the first person named to the joint names of the two persons named was submitted on the 27 October 2006. The application was accepted even though the closing date for receipt of completed applications to transfer entitlements was 16 May 2006.

This application has now been fully processed and payment in respect of 42.99 transferred entitlements will issue shortly.

Departmental Funding.

Bernard J. Durkan

Question:

155 Mr. Durkan asked the Minister for Agriculture and Food if she will arrange through Coillte to make secure the current wooden palisade fencing in the areas between estates (details supplied) in County Kildare; if she will approach the Office of Public Works with a view to sharing in the responsibility with particular reference to the need to prevent unauthorised access to the woods via the estate and vice versa; and if she will make a statement on the matter. [42203/06]

Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters are the responsibility of the company.

I understand, however, that the land in question does not belong to Coillte Teoranta but appears to be privately owned. The Deputy will therefore appreciate that it is not appropriate for me to become involved in this matter.

National Drugs Strategy.

Bernard J. Durkan

Question:

156 Mr. Durkan asked the Minister for Education and Science when she expects to provide the necessary resources to tackle drug prevention and treatment programmes at local and national level; and if she will make a statement on the matter. [42214/06]

As the Deputy will be aware, the Department of Community, Rural and Gaeltacht Affairs has responsibility for co-ordinating the implementation of the National Drugs Strategy 2001-2008. The Strategy, which was launched in May 2001, is based on four pillars — supply reduction, prevention, treatment and research — under which a series of 100 individual actions have been identified. These actions are being carried out by a number of Departments and Agencies.

My Department contributes fully to the overall aim of the Government's policy in relation to drugs, which is to provide an effective, integrated response to the problems posed by drug misuse. As part of this process, my Department is represented at senior level on the National Drugs Strategy Team and on the Interdepartmental Group which in turn reports to the Cabinet Committee on Social Inclusion. In addition, my Department is represented on all Drugs Task Forces, both Local and Regional.

Drug prevention education is implemented as part of the Social, Personal and Health Education (SPHE) curricula in primary and post-primary schools. The SPHE curriculum is mandatory in all primary schools and post-primary schools up to Junior Certificate Level in which substance use is one of 10 modules taught.

The Primary Curriculum Support Programme (PCSP), through its SPHE Cuiditheoireacht service from September 2003 provides support for the implementation of SPHE in schools and for the formulation of Substance Use Policies through school visits. Further support and guidance in this area is available through the provision of ‘Drop in' clinics in various Education Centres around the country. Furthermore, the SPHE trainers provided half-day seminars for designated members of teaching staffs in primary schools and parents — in non-Local Drugs Task Force Areas — to help them formulate Substance Use Policies; the trainers also facilitated evening meetings for Substance Use Policy Committees. A callsave helpline is also provided for information and advice on the topic.

The Substance Misuse Prevention Programme (SMPP or ‘The Walk Tall' Programme) is a national programme, established in 1996, to provide in-service to teachers in primary schools in the area of legal and illegal substances. The programme teaching and resource materials focus on both alcohol and drugs in an age appropriate manner.

The programme has an integrated approach to drug education and is a key strategy in drug abuse prevention education. Teaching and resource materials developed by the ‘Walk Tall' Programme are made available to all primary and special schools nationally. In the last academic year the Walk Tall Support Service produced a CD ROM of the programme materials and a handbook for teachers "Understanding Substances and Substance Use" and made it available to all schools nationally. Summer training courses are offered nationally to teachers. Courses took place in Limerick, Kildare, Athlone, Carlow, Kilkenny, Louth, Carrick-on Shannon, Mayo, Wicklow, Tipperary, Monaghan, Cavan and Tralee.

The support service has a full time staff of three, comprised of a national support officer and two assistants on secondment from teaching duties. A part-time panel of approximately 20 teachers is available to deliver summer training courses nationally.

In addition, the programme currently offers a dedicated support service to all schools in the 14 Local Drugs Task Force Areas in Dublin, Bray and Cork.

At post-primary level, the substance misuse prevention programme ‘On My Own Two Feet' which is an integral part of the SPHE curriculum, draws on three approaches: knowledge-attitude, decision-making and social competence. As such it is a comprehensive life-skills programme.

All post-primary schools are invited to in-service training in SPHE each spring and autumn on a regional basis. A selection of SPHE topics are offered to teachers, including substance use education. Health Promotion Officers and Regional Development Officers along with experts in specific areas, such as substance use education are involved in the delivery of this in-service. In addition, there is a dedicated Regional Development Officer who works with post-primary schools in the Local Drugs Task Force Areas, in assisting them with policy development and implementation of the policy guidelines on substance use in schools.

My Department has also taken a number of initiatives to counteract substance misuse in schools, including alcohol. In October 2002, my Department issued guidelines to all schools to assist them in the development of School Substance Use Policies. These guidelines were developed in partnership with the Department of Health and Children and the then Health Boards. The central objective of a school's substance use policy is the welfare, care and protection of every young person in line with the Education Act, 1998 and the Education Welfare Act, 2000.

The policy is intended to address both education concerning alcohol, tobacco, drugs and other dangerous substances and the procedures for managing incidents relating to them.

In addition, my Department currently funds 36 mainstreamed Local Drug Task Force projects at a cost of over €3 million.

I am confident that together these initiatives are ensuring that the education system plays its role in combating drug abuse among young people. Clearly, however, this issue requires action on many fronts. To this end, we will continue to work with other Departments on the implementation of the National Drugs Strategy.

School Services Staff.

Olwyn Enright

Question:

157 Ms Enright asked the Minister for Education and Science if her attention has been drawn to a situation which exists whereby some secretaries working in secondary schools are paid directly by her Department and others are paid by boards of management; her views on the situation; and if she will make a statement on the matter. [42089/06]

My Department provides funding towards the cost of secretarial services in the case of secondary schools under two separate schemes. One is the 1978/79 scheme for the employment of school secretaries in secondary schools under which my Department meets the full cost of salary. The 1978/79 scheme is being phased out as posts become vacant and no new posts are being created.

The 1978/79 scheme has been superseded by a more extensive school support grant scheme towards the funding of ancillary services in schools including secretarial services. The scheme is flexible in nature giving Boards of Management and schools discretion as to the manner in which these services are provided.

There have been significant improvements in recent years in the level of funding for voluntary secondary schools. In addition to the €12 per pupil increase in 2006 in the standard per capita grant that now stands at €298 per pupil, voluntary secondary schools have benefited additionally by the increase of €14 per pupil in 2006 in the support services grant bringing the overall grant to €159 per pupil.

I wish to draw the attention of the Deputy to my announcement of further significant increases in the context of the 2007 estimates. From 1 January next the standard per capita grant will be increased by a further €18 to €316 per pupil. In addition, the support services grant will be increased by a further €30 for voluntary secondary schools, which includes a further equalisation measure, to €189 per pupil. For such schools this cumulative increase of €48 per pupil will bring the aggregate grant to over €500 per pupil from 1 January next. These grants are in addition to the per capita funding of up to €40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services. For example in the case of a secondary school with 500 pupils, this will bring annual grants towards general expenses and support service to over €290,000.

The provision that I have made, in the context of the 2007 estimates, for these significant increases in the funding of voluntary secondary schools is a clear demonstration of my commitment to prioritise available resources to address the needs of schools.

School Staffing.

Enda Kenny

Question:

158 Mr. Kenny asked the Minister for Education and Science if she will detail her recent decision to allow principals of five teacher schools to become administration principals; if this will be extended to four teacher schools; and if she will make a statement on the matter. [42090/06]

I acknowledge the important work undertaken by our school principals. Some principals have particularly heavy workloads arising from the size of their school. Others carry additional duties arising from the fact that, in addition to their mainstream classes, they have a significant number of special classes containing children with complex special needs. We are also establishing specialist autism units in schools where the principal is a teaching principal.

I am responding to these needs by the introduction of the following new measures that I announced on 12 November, 2006:

The allocation of additional teachers to allow Deputy Principals in mainstream schools that, in addition to their ordinary mainstream class teachers, also have five or more special classes for children with the more complex, low incidence, special needs, to operate as Administrative Deputy Principals.

Where a school has a Principal and four or five mainstream class teachers also has a specialist autism unit (2 or more autism classes) established under approval of the National Council for Special Education, the Principal will be appointed on an administrative basis.

The introduction of these measures will improve the capacity of the schools in question to cater for the educational needs of all their pupils and will assist their principals in their work.

Special Educational Needs.

Enda Kenny

Question:

159 Mr. Kenny asked the Minister for Education and Science the number of schools housing specialist autistic units; if additional funding is granted to these schools for the operation of these units; and if she will make a statement on the matter. [42091/06]

Enda Kenny

Question:

160 Mr. Kenny asked the Minister for Education and Science if a school (details supplied) in County Westmeath will receive extra funding for an autistic unit which it hosts; and if she will make a statement on the matter. [42092/06]

I propose to take Questions Nos. 159 and 160 together.

As part of my Department's ongoing commitment to ensuring that all children, including those with Autistic Spectrum Disorders receive an education appropriate to their needs my Department has established:

178 Special Classes for children with autism, attached to special and mainstream schools,

5 special Classes for children with Asperger's Syndrome,

16 pre-school classes to facilitate the demand for early intervention provision for children on the autistic spectrum,

14 Stand Alone facilities providing an Applied Behavioural Analysis (ABA) specific methodology on a pilot basis, 2 of these facilities have yet to be established.

My Department provides significant additional funding for such special classes including a start-up grant of €6500 to cover the cost of furniture and general equipment; a further set-up grant of €635 to ensure suitable teaching materials are purchased for the class and schools may apply for funding for specialist equipment which may be required by individual pupils such as specialist desks or chairs. In addition, I recently announced a thirty per cent increase in the rates of capitation paid to all children attending autism specific classes. This brings the enhanced rate of capitation payable to €805 per pupil per annum enrolled in a special class for autism. The school in question will qualify for additional capitation funding under this initiative.

The Deputy will be aware that I have recently announced a new measure whereby the principal will be appointed in an administrative basis, if a school has a principal and four or five mainstream class teachers and also has a specialist autism unit catering for 12-18 pupils established under approval of the National Council for Special Education.

Schools Building Projects.

Seán Ardagh

Question:

161 Mr. Ardagh asked the Minister for Education and Science if she will examine the feasibility of a second level gaelcholáiste being established at a site (details supplied) or at another suitable location in the area. [42094/06]

The Department is not in receipt of an application to establish a gaelcholáiste in the area referred to by the Deputy. Consideration will be given to such an application if and when received.

Schools Refurbishment.

John Deasy

Question:

162 Mr. Deasy asked the Minister for Education and Science the status of an application for the refurbishment of an existing building by a school (details supplied) in County Waterford; when approval will be given. [42112/06]

The relevant Vocational Education Committee has applied for funding for upgrading/extension works to the school in question. The application is currently being assessed and the Committee will be advised of the position as soon as possible.

Schools Building Projects.

John Deasy

Question:

163 Mr. Deasy asked the Minister for Education and Science the status of an application for a three-room extension by a school (details supplied) in County Waterford; when approval will be given; and if she will make a statement on the matter. [42113/06]

I can confirm that the School Planning Section of the Department is in receipt of an application for an extension from the management authority of the school to which the Deputy refers, under the Permanent Accommodation Scheme 2007. Applications under this Scheme are currently being assessed and a list of successful applicants will be published when this process is complete.

Proposed Legislation.

Seán Crowe

Question:

164 Mr. Crowe asked the Minister for Education and Science the position regarding the proposed new student support Bill. [42114/06]

The Deputy will be aware that, in accordance with the commitment in the Agreed Programme for Government, I plan to introduce a single unified scheme of maintenance grants for students in higher education. This will, I believe, provide for a more coherent administration system which will facilitate consistency of application, improved client accessibility and ensure the timely delivery of grants to those who need them most. This is part of my overall plan to introduce service improvements in the administration of the student grant schemes. These will include guaranteed timeframes for the earlier payment of grants, an independent appeals procedure and more efficient arrangements for handling applications and making payments. To effect these administrative and service improvements requires the introduction of a new statutory basis for the scheme to replace the existing arrangements which involve a mix of statutory and non-statutory administrative schemes. Accordingly, the Government has approved the drafting of a new Student Support Bill which will place all student support schemes on a statutory footing for the first time, including providing for the designation of an appropriate awarding authority and for the general basis on which grants will be awarded to eligible students. Work on the Bill is at an advanced stage and I hope to be in a position to publish the Bill in early 2007.

Third Level Fees.

Seán Crowe

Question:

165 Mr. Crowe asked the Minister for Education and Science the amount it would cost to abolish fees for part-time students. [42115/06]

I take it the Deputy's question relates to fees for part-time students undertaking undergraduate courses at our higher education institutions funded by the State. The HEA estimates that abolishing fees for such courses would have an annual cost of €40m. The HEA Eurostudent Survey 2005 found that students who are availing of part-time studies tend to do so as part of their career development (some 69% are in studies closely related to their job) and/or with employer support. Around 33% of students paying course fees received financial support from their employer. Tax relief is available for these costs.

Schools Building Projects.

Fergus O'Dowd

Question:

166 Mr. O’Dowd asked the Minister for Education and Science the position regarding an application for an extension to a school (details supplied) in County Louth; and if she will make a statement on the matter. [42116/06]

The Department has received an application for an extension under the Small Schools Scheme (Devolved Scheme) from the school authorities referred to by the Deputy. This application is under consideration at present and it is hoped to announced details of successful applicants under this scheme by the end of the year.

Question No. 167 withdrawn.

Schools Recognition.

Niall Blaney

Question:

168 Mr. Blaney asked the Minister for Education and Science if she will have the application for temporary recognition by a school (details supplied) dealt with immediately as parents need to commit their children to a secondary school for September 2007; and if she will make a statement on the matter. [42128/06]

It is my Department's policy to support the provision of all-Irish school facilities at primary and post-primary level in all areas where a demand for such provision is clearly demonstrated and no alternative exists within a reasonable distance. An application has been received from County Donegal VEC to establish a Gaelcholáiste in the area referred to, from September 2007 and this is under active consideration in my Department. A decision on the granting of recognition to the proposed school will be conveyed to the VEC when the assessment is finalised.

School Enrolments.

Paul Kehoe

Question:

169 Mr. Kehoe asked the Minister for Education and Science the number of students who left sixth class in June 2006, that is, on completion of their primary school education; and the number of students who were enrolled in first year at second level in September 2006. [42140/06]

The data requested by the Deputy for 2006 are not currently available.

Site Acquisitions.

John Perry

Question:

170 Mr. Perry asked the Minister for Education and Science if she will give a firm commitment that funding will be granted to a school (details supplied) in County Sligo as the process of identifying a site has commenced and as the school has been very successful over the years but is dependent on Government funding to ensure it continues to provide the education that is essential for the children to succeed in the future; and if she will make a statement on the matter. [42154/06]

The Property Management Section of the OPW, which acts on behalf of my Department in relation to site acquisitions generally, is engaged in sourcing a site for the school in question. When a site has been acquired, the building project required to deliver the new school will be considered in the context of the School Building and Modernisation Programme 2006-2010.

Institutes of Technology.

Brian O'Shea

Question:

171 Mr. O’Shea asked the Minister for Education and Science further to Parliamentary Question No. 243 of 29 November 2006, the deadline she has set for completion of the preliminary assessment of the submission made by the governing body of Waterford Institute of Technology under section 9 of the Universities Act 1997; and if she will make a statement on the matter. [42163/06]

In my reply to the Parliamentary Question No. 243 of 29 November 2006 I advised that on 24 November, 2006 I confirmed the appointment of Dr Jim Port to conduct the preliminary assessment of the submission made by the Governing Body of Waterford Institute of Technology. I have not set Dr Port a deadline for the completion of his work as I want to ensure that he undertakes a comprehensive analysis of the submission from Waterford Institute of Technology taking account of the new developments for the sector since the passing of the Institutes of Technology Act 2006 and also the wider changing policy context.

Educational Disadvantage.

Pat Carey

Question:

172 Mr. Carey asked the Minister for Education and Science if an application has been received by her Department from a centre (details supplied) in Dublin 11 for an annual grant for its opt-in-education programme; and if she will make a statement on the matter. [42164/06]

An application for funding from the centre referred to by the Deputy has been received under the Fund for the Development of Educational Responses to Certain Children at Risk. As the Deputy is aware, this Fund is the responsibility of my colleague, Mr Brian Lenihan, T.D., Minister for Children and is administered by my Department. The initiative forms part of a multi-agency approach to meet the needs of children who are at risk, the objective of which is to develop preventative and supportive programmes, which are targeted at children and young people who are at risk of educational disadvantage and social exclusion. A key focus of the initiative is the empowerment of local communities to develop innovative and flexible programmes that address identified needs of intended participants. Resources allocated under this initiative are used for the provision of a range of holistic supports to enable pupils from educationally disadvantaged backgrounds to participate fully in education. The initiative is limited in the number of projects that can be funded.

The Projects/Schools must demonstrate evidence of an assessment of existing actions in the local area and can demonstrate that the proposed initiative either compliments such actions or fills a gap in provision; be overseen by a steering committee, which represents relevant multi-agency statutory and voluntary bodies such as schools, parents, youth and community services, health, recreation and leisure groups and charitable organisations; and focus preventative and supportive actions on enhancing the retention and participation of the target group in education and training. Funding has been approved for the centre referred to by the Deputy and notification of this will be issued to the centre in the coming days.

Schools Building Projects.

Gerard Murphy

Question:

173 Mr. G. Murphy asked the Minister for Education and Science the status of an application for funding by a school (details supplied) in County Cork; if the application is being considered for the school building and modernisation programme for 2007; if officials from her Department have visited the school recently; and if she will make a statement on the matter. [42168/06]

An application has been received in my Department from the school referred to by the Deputy under the Small Schools Scheme 2007. My Department is currently assessing all applications received from schools for funding under this programme. The list of successful applicants will be published as soon as possible.

Gerard Murphy

Question:

174 Mr. G. Murphy asked the Minister for Education and Science when a school (details supplied) in County Cork was built; the cost to her Department of replacing the roof of the school; when work will commence; and if she will make a statement on the matter. [42169/06]

The school building referred to by the Deputy was built in 1995. The Building Section of my Department approved grant aid of €77,136.75 for roof works at the school. I understand that these works commenced last week.

Special Educational Needs.

Seán Ó Fearghaíl

Question:

175 Mr. Ó Fearghaíl asked the Minister for Education and Science if having regard to the education provision being made available to children on the autistic spectrum in a school (details supplied) in County Kildare she will consider bringing forward plans for second level provision for such students in this area; and if she will make a statement on the matter. [42170/06]

My Department provides a range of supports to second level schools to enable them cater for pupils with special educational needs including the needs of pupils with autism. The supports in question include remedial and additional teaching support, special needs assistant support and funding for the purchase of specialised equipment. As the Deputy is aware, there has been enormous progress made over the past number of years in relation to increasing the number of teachers in our schools who are specifically dedicated to providing education for children with special educational needs. At second level, approximately 1,854 whole time equivalent additional teachers are in place to support pupils with special educational needs. This compares to the approximately 200 teachers that were in place in 1998 for such pupils. In addition, there are 534 whole time equivalent learning support teachers and approximately 1,365 whole time equivalent special needs assistants (SNAs) in our second level schools. With effect from 1 January 2005, the National Council for Special Education (NCSE) has taken over key functions from my Department in relation to special educational provision. The NCSE was formally established as an independent statutory body on the 1st October 2005 under the Education for Persons with Special Educational Needs Act 2005. The Council acts under the broad policy direction of my Department but has the resources and the remit to play the leading role in the delivery of education services to children with disabilities/ special needs.

The NCSE co-ordinates with the health services, schools and other relevant bodies regarding the provision of education and related support services to children with disabilities/ special needs. The responsibilities of the NCSE include the following: Deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level; Deciding on applications for special needs assistant (SNA) hours; and Processing applications for school placement in respect of children with disabilities with special education needs. My Department supports the education of individual students with autism in various second level schools throughout the country. The precise model of provision made available at second level will depend on the assessed needs of the pupils involved. Some pupils are capable of attending ordinary classes on an integrated basis with additional teacher and/or special needs assistant support. In other cases, placement in special dedicated classes or units attached to the school may be the more appropriate response. Such special classes operate at significantly reduced pupil teacher ratios.

In recent years, my Department has supported the establishment of a number of special classes for pupils with autism in mainstream post primary schools. The organisation of such provision is a significant task of the National Council for Special Education. Special classes are currently in operation in a number of post primary schools throughout the country and discussions are ongoing between the NCSE and a number of other post primary schools with a view to establishing further classes of this nature. The NCSE, through the local Special Educational Needs Organiser (SENO) will process the relevant application for resources and inform the school of the outcome. It is important to note that in the case of decisions on additional teaching and SNA support, the SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made. In addition, my Department's Teacher Education Section has developed a strategy designed to meet the continuing professional development needs of personnel working with children with special educational needs. This involves a major expansion of the range of post-graduate professional training programmes available to teachers in the special needs area and the ongoing development of the Special Education Support Service (SESS) to support schools staff locally. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require.

Student Support Schemes.

Cecilia Keaveney

Question:

176 Cecilia Keaveney asked the Minister for Education and Science the supports available for postgraduates, in view of the fact that postgraduates from the Republic of Ireland are specifically excluded from obtaining a loan in the United Kingdom; and if she will make a statement on the matter. [42171/06]

The Third Level Student Support Schemes were extended to provide maintenance grants to eligible students pursuing approved full-time undergraduate courses of at least two years duration (pursued in a university or a third level institution which is maintained or assisted by recurrent grants from public funds) in other EU Member States with effect from the 1996/97 academic year. The extension of the Schemes at that time did not include courses at postgraduate level and, accordingly, there is no grant aid available under the schemes for students pursuing postgraduate studies outside of Ireland.

Any extension of the current arrangements to provide for students pursuing postgraduate courses outside of Ireland could only be considered in the light of available resources and other competing demands within the education sector. At present, there are no plans, to expand the provisions in the grant schemes in relation to postgraduate study abroad.

However, Section 21 of the Finance Act 2000, as amended by Section 29 of the Finance Act 2001, provides for the introduction of tax relief for postgraduate tuition fees paid in colleges outside of Ireland. This relief, which is available from the tax year 2000/01 onwards, applies at the standard rate of tax. Further details and conditions in relation to this tax relief are available from Local Tax Offices.

Schools Building Projects.

Michael Collins

Question:

177 Mr. Collins asked the Minister for Education and Science the full schedule of all national schools in County Limerick which have applied for grant aid for building purposes or those which are at present being processed for new school buildings or extensions; and the status of each application and building project. [42182/06]

The information is not readily available in the format requested by the Deputy.

Michael Collins

Question:

178 Mr. Collins asked the Minister for Education and Science the position regarding the application by a school (details supplied) in County Limerick for a new extension building. [42183/06]

An application has been received in my Department from the school referred to by the Deputy under the Small Schools Scheme 2007. My Department is currently assessing all applications received from schools for funding under this programme. The list of successful applicants will be published as soon as possible.

School Accommodation.

Willie Penrose

Question:

179 Mr. Penrose asked the Minister for Education and Science the position regarding the provision of additional school accommodation at Curraghmore, Mullingar, County Westmeath; and her plans in relation thereto; and if she will make a statement on the matter. [42196/06]

The Department has received an application for rental of temporary accommodation from the Board of Management of Curraghmore National School. All such applications are currently being assessed by the Department and Officials in School Planning Section will contact the school authorities when the assessment process is complete.

School Transport.

Olwyn Enright

Question:

180 Ms Enright asked the Minister for Education and Science if she will review a parliamentary question (details supplied) in which she states that the person is not attending their nearest suitable school and may apply for school transport on a concessionary basis in the normal way; if her attention has been drawn to the fact that this person is attending a special language class at a school which is the nearest school available to them and which is a placement offered by the Health Service Executive and if the reply submitted by her is pertaining to the original parliamentary question; and if she will make a statement on the matter. [42253/06]

On the basis of the information available to my Department's school transport section, the pupil referred to by the Deputy in the details supplied does not meet the Department's eligibility criteria for special class/special school placement. The pupil in question is not eligible for school transport to the school referred to in the details supplied as this is not his nearest suitable school.

Water and Sewerage Schemes.

Brendan Howlin

Question:

181 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government his views on increasing the grant aid available for sewerage schemes (details supplied) to the same level as that available for group water schemes; the reason for the considerable difference in contributions by his Department as between these two schemes; and if he will make a statement on the matter. [42118/06]

Demand for group sewerage scheme grants arises mainly from small village communities and clusters of houses situated close to towns/villages that have public sewerage facilities. Unlike the abstraction, treatment and distribution of water by a group water scheme, group sewerage scheme activity is confined to the provision of significantly less costly collection systems and this is reflected in the relative values of the grants currently available. My Department is funding a pilot programme, proposed by the National Rural Water Monitoring Committee, to test a range of new, small-scale waste water collection and treatment systems under Irish conditions. The objective of the pilot programme is to evaluate new approaches to meeting the waste water collection and treatment needs of rural communities and to examine the potential role for group sewerage schemes in extending collection systems to households outside the catchment of new or existing sewerage schemes. Construction of the pilot projects is currently underway and monitoring of the performance of the new infrastructure by the National Rural Water Monitoring Committee will commence immediately after commissioning takes place. I have asked the Committee to report on the results as they become available. I intend to review the grants for group sewerage schemes in light of the outcome of the pilot programme.

Property Management Companies.

Arthur Morgan

Question:

182 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government his Department’s policy on the practice of establishing property management companies in traditional housing estates; the measures he will take to ensure that local authorities end the practice of writing such conditions into planning agreements; and if he will make a statement on the matter. [42143/06]

Arthur Morgan

Question:

183 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if he will bring forward proposals that prevent developers and local authorities establishing property management companies in residential developments which are primarily made up of traditional housing units by the inclusion of duplex and apartments; and if he will make a statement on the matter. [42144/06]

I propose to take Questions Nos. 182 and 183 together.

My Department has already informed planning authorities that they should not attach planning conditions relating to management companies in the case of traditional housing estates, unless in very specific exceptional circumstances, e.g. holiday home developments, or to maintain a specific private shared facility. My Department has set up a Working Group on Management Companies/Taking in Charge of Estates which is considering the question of responsibility for the maintenance of common shared facilities (roads, sewerage, footpaths, public lighting, large open spaces, smaller landscaped open spaces, car-parking, etc) in residential estates, including the newer type of mixed high-density estate. It is intended to issue guidance to planning authorities based on the outcome of the Group's work, by early 2007.

Arthur Morgan

Question:

184 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the situation in an area (details supplied) in Dublin 15, where residents have been charged by their property management company for public lighting costs, for maintenance of common areas, despite these being paid by the local authority and not being in the ownership of the property management company and for public liability insurance for common areas that are not owned by the property management company. [42145/06]

Arthur Morgan

Question:

185 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government his views on whether a property management company that engages in the practice of charging residents for amenities that are already being paid for by a local authority are guilty of fraudulent activity and that contracts signed by residents should be set aside; the way residents may be reimbursed for the payment of such services; and if he will make a statement on the matter. [42146/06]

I propose to take Questions Nos. 184 and 185 together.

Property management companies are generally constituted under the Companies Acts and are required to comply with the provisions of company law. Obligations on property owners in relation to management companies, for example in relation to membership of and payment of charges to management companies, arise from private contracts entered into by them through the conveyancing process in the purchase of the property. My Department has no function in relation to the operation of property management companies or dealings between particular management companies and residents. Accordingly information on these particular issues would not be available to my Department.

I understand that Fingal County Council is maintaining public lighting in the area in question and arranging for the taking in charge of other appropriate public facilities and that it is also engaging with residents in relation to the taking in charge process. The legality of any matter or the validity of any contract would ultimately be subject to determination by the Courts and it would not be appropriate for me to express any view on such matters.

Water and Sewerage Schemes.

Beverley Flynn

Question:

186 Ms Cooper-Flynn asked the Minister for the Environment, Heritage and Local Government when he will approve contract documents on the Shrule and Kilmaine water scheme. [42157/06]

I refer to the reply to Questions Nos. 441 and 442 of 22 November 2006.

Beverley Flynn

Question:

187 Ms Cooper-Flynn asked the Minister for the Environment, Heritage and Local Government when he will approve the design and review the report for Louisburgh water scheme. [42158/06]

I refer to the reply to Question No. 438 of 22 November 2006.

Beverley Flynn

Question:

188 Ms Cooper-Flynn asked the Minister for the Environment, Heritage and Local Government when he will approve the contract documents for Kiltimagh sewerage scheme and give approval to go to tender. [42159/06]

I refer to the reply to Question No. 440 of 22 November 2006.

Waste Disposal.

Michael Collins

Question:

189 Mr. Collins asked the Minister for the Environment, Heritage and Local Government if local authorities have the option to create and introduce a locally funded and administered refuse waiver scheme within its administrative area where the refuse collection service is provided by a private contractor. [42184/06]

I am advised that local authorities do not have the statutory power to provide a subsidy to private waste collectors to fund the operation of a waiver scheme in areas where the authority is not itself the service provider. However, in such areas, certain local authorities have, within the powers available to them, made arrangements to have waste collected from specific households.

Local Authority Housing.

Brian O'Shea

Question:

190 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government the proposals he has to ensure adequate funding for an organisation (details supplied); and if he will make a statement on the matter. [42186/06]

My Department recoups to local authorities 90% of their approved current expenditure on the provision of accommodation and related services for homeless persons in accordance with the provisions of Section 10 of the Housing Act 1988. Much of this expenditure is operationalised through projects managed by voluntary bodies. My Department has not to date received specific proposals from any of the local authorities in the South East for funding of services for homeless persons to be provided by South East Simon.

In October 2006, my Department gave approval in principle to Kilkenny County Council for the funding of an Outreach/Tenancy Sustainment Service for homeless persons in Kilkenny City and County. It is understood that Kilkenny County Council will go to tender shortly to seek a service provider for this proposed service. In addition, my Department is aware that Waterford City Council also has plans to develop homeless outreach services and is likely to go to tender for the development of such a service in early 2007. It would, of course, be open to South East Simon to tender for the provision of these or other planned services of local authorities.

Planning Issues.

Bernard J. Durkan

Question:

191 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which permission is required under the Planning Acts for the provision of satellite dishes, security cameras or micro-electricity wind generators on or near the external walls of dwelling houses or within the curtilage thereof; and if he will make a statement on the matter. [42204/06]

All development requires planning permission unless specifically exempted under the Planning and Development Acts and Regulations. Section 4(1)(h) of the Planning and Development Act 2000, provides that development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure is exempted development if the works affect only the interior of the structure or do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures. The erection of one dish type antenna used for the receiving and transmitting of signals from satellites on, or within the curtilage of a house is specifically exempted from the requirement to obtain planning permission, subject to conditions, under the provisions of Schedule 2, Class 4 of the Planning and Development Regulations, 2001. The conditions include that no such antenna shall be erected on, or forward of, the front wall of the house.

On 5 November, I announced the publication of a consultation paper containing proposals to revise the exempted development regulations to ensure that they support the use of renewable energy for domestic users, for example to permit the installation of small wind turbines or solar panels without planning permission in certain circumstances. My Department is currently considering the submissions received during the consultation period and I expect to submit draft exempted development regulations to the Oireachtas shortly: these would require the approval of both Houses of the Oireachtas.

Top
Share