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Dáil Éireann debate -
Wednesday, 7 Feb 2007

Vol. 631 No. 1

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 21, inclusive, answered orally.
Questions Nos. 22 to 103, inclusive, resubmitted.
Questions Nos. 104 to 110, inclusive, answered orally.

Tax Code.

John Deasy

Question:

111 Mr. Deasy asked the Minister for Finance if his attention has been drawn to an arrangement whereby stamp duty on a property transaction can be substantially avoided by using a company sale as an alternative vehicle for the transaction; and if he will make a statement on the matter. [4133/07]

The transfer of shares in a company attracts a stamp duty of 1%. This stamp duty rate has existed since 1951 at a low rate to encourage commercial activity and is, therefore, not new.

The assets of a company may include land and where that land is sold by the company, stamp duty will arise for the purchaser. Likewise, when a company buys land, it will pay stamp duty.

I am already looking at the operation of stamp duty following a number of allegations that have been made during the last year that there is widespread use by land developers of various mechanisms to avoid stamp duty on land purchases and if I deem it necessary, proposals for change will be introduced by the Government.

National Development Plan.

Jack Wall

Question:

112 Mr. Wall asked the Minister for Finance the person who will be accountable for negotiations on PPPs for the National Development Plan 2007 to 2013; the measures in place to ensure that the State gets value for money in these negotiations; and if he will make a statement on the matter. [3872/07]

Public-private partnership arrangements, or PPPs, are a means of procurement for public investment projects and, as such, are subject to the requirements which apply to public capital investment generally. Under my Department's Capital Appraisal and PPP Guidelines, Departments and agencies are responsible for the appraisal and management of their projects, including PPPs.

Value for Money in PPP procurement is considered at a number of stages of the process, including four formal tests at specific stages. The key test compares the best bid against a public sector benchmark or PSB, which represents the relative cost of procuring the project by traditional means against the costs of procuring the project by PPP. The PSB takes account of issues such as risks transferred to the private sector. Other factors, such as faster delivery of infrastructure, or the use of performance-related payments, may be relevant to establishing if a particular option is the best value for money solution overall in a particular project.

Departments and other Sponsoring Agencies must seek the advice of the National Development Finance Agency (NDFA) on the optimum means of financing the cost of public investment projects or groups of PPP projects over €20 million in order to achieve value for money and on all aspects of financing, refinancing and insurance of public investment projects to be undertaken by means of Public Private Partnership.

Negotiations on projects in individual areas will generally be a matter for the Sponsoring Agency concerned. The exception to this is where PPP projects funded by unitary payments from Departments' or Agencies' Votes will be procured by the Centre of Expertise for PPP procurement in the National Development Finance Agency (NDFA). The Centre of Expertise will undertake the procurement after the setting of project budgets, output specifications and other service requirements.

Tax Code.

Kathleen Lynch

Question:

113 Ms Lynch asked the Minister for Finance the tax incentive measures he plans to introduce to ensure that Ireland meets the EU target of 5.75% biofuels by 2010; and if he will make a statement on the matter. [3880/07]

While the promotion of biofuel is primarily a matter for my colleague, the Minister for Communications, Marine and Natural Resources, I am pleased to inform the Deputy that in Finance Act 2006 I provided for significant tax measures to promote biofuels in Ireland.

This scheme, which received the necessary EU State Aid approval, commenced in November 2006 and will:

provide for excise relief on up to 163 million litres of biofuels per annum;

cost over €200m over 5 years;

when fully operational, result in CO2 savings of over 250,000 tonnes per annum;

meet a target of 2% transport fuel market penetration by biofuels by 2008;

help reduce our dependency on conventional fossil fuels, and

stimulate activity in the agricultural sector.

The level of excise relief available is that which had been proposed by the Minister for Communications, Marine and Natural Resources in advance of Budget 2006. Any extension in the amount of relief which formed part of that Budget announcement is not envisaged at this stage. These fiscal incentives were designed to kickstart the domestic biofuels industry and the evidence suggests that this is happening. The Deputy might wish to note that there are additional non-fiscal measures that can be used to promote Biofuels and reach the targets referred to in the Question. These, however, are outside my remit but are under active consideration by the Minister for Communications, Marine and Natural Resources.

Motor Taxation.

Paul Nicholas Gogarty

Question:

114 Mr. Gogarty asked the Minister for Finance if the public consultation process regarding changes in the VRT system for lower emissions vehicles will just involve the gathering of submissions from interested parties; and if his Department will be hosting information meetings for public debate on the matter. [4078/07]

The public consultation on options for revising the VRT system to take greater account of CO2 emissions was announced on Budget day and I invited interested parties to make submissions to my Department by 1 March 2007. A summary of a number of possible options which are under consideration by my Department was contained in the Budget 2007 documentation and a longer consultation document has also been placed on my Department's website. In addition, an invitation for submissions was advertised in the national daily newspapers on 15 December 2006.

Consequently, from March, we will be examining the submissions made and it is likely that there will be meetings with a number of those who have made submissions, in particular the key stakeholders. This will provide the opportunity to delve further into ideas which may emerge from the written submissions. However, only when we see the extent of written submissions can I be more precise about the nature and form that any further consultation might take.

National Development Plan.

Dan Neville

Question:

115 Mr. Neville asked the Minister for Finance the schedule of presentation of programmes under the National Development Plan. [4164/07]

The National Development Plan 2007-2013, which was launched on the 23rd of January last, sets out five investment Priorities: Economic Infrastructure; Enterprise, Science and Innovation; Human Capital; Social Infrastructure; and Social Inclusion. The investment under each of these five Priorities is in turn set out by Programme.

The investment of €54.7 billion under the Economic Infrastructure Priority consists of six Programmes covering Transport; Energy; Environmental Services; Communications and Broadband; Government Infrastructure; and Local Development Contributions.

The investment of €20 billion under the Enterprise, Science and Innovation Priority consists of seven programmes covering: Science, Technology and Innovation; Enterprise Development; Tourism Development; Agriculture and Food; Rural Social and Economic Development; Gaeltacht and Islands Development; and Marine and Coastal Communities.

The investment of €25.8 billion under the Human Capital Priority consists of three Programmes covering: Training and Skills Development; Higher Education; and Schools Modernisation and Development.

The investment of €33.6 billion under the Social Infrastructure Priority consists of four Programmes: Housing; Health Infrastructure; Justice Infrastructure; and Sports, Culture, Heritage and Community Infrastructure.

The Social Inclusion Priority involves the expenditure of €49.6 billion in 8 different programmes. The Priority follows the lifecycle approach adopted under Towards 2016, so investment consists of the following Programmes: the Children Programme; Working Age — Education Programme; Working Age — Social and Economic Participation Programme; Working Age — Justice Programme; Older People Programme; People with Disabilities Programme; Local and Community Development Programme; and a Horizontal Programme.

The 28 Programmes of the National Development Plan are further sub-divided into some 86 Sub-Programmes. Full details of all Sub-Programmes are set out in Appendix I of the National Development Plan and in a separate Executive Summary document, both of which were circulated to all Members of the Oireachtas.

Tax Code.

Damien English

Question:

116 Mr. English asked the Minister for Finance if he has instructed the Revenue Commissioners to conduct an estimate of under claiming of tax reliefs by taxpayers; and the latest estimate which he has of the extent of the problem. [4137/07]

I have not asked the Revenue Commissioners to conduct an estimate of the under-claiming of tax reliefs by taxpayers and I have no plans to do so.

Revenue are very active in encouraging taxpayers to claim the correct reliefs and have taken a number of important initiatives in this regard during the last year.

I too announced proposals in the Budget and recently in the Finance Bill to make it easier to claim reliefs.

As to the extent of underclaiming a number of estimates have been given to Oireachtas Committees. It is not clear what a survey would add to current knowledge given the inherent difficulties in establishing what people are not doing. Such resources are better devoted to encouraging taxpayers to claim all of their entitlements and making it as easy as possible for them to do so.

Fiscal Policy.

Dinny McGinley

Question:

117 Mr. McGinley asked the Minister for Finance if the objectives for tax policy set out in the 2002 Programme for Government remain the priorities; and if he will make a statement on the matter. [4154/07]

The answer to the Deputy's question is yes.

The Government's approach to tax policy is set out in the Agreed Programme for Government and in recent Budgets and Finance Bills. In addition the Partnership Agreement, Towards 2016, states that the Government is committed to a taxation policy designed to maintain and strengthen the competitive position of the economy, foster improvements in productive capacity, economic and social development, and equity, while maintaining a sound fiscal stance. These commitments underpinned the tax changes which I announced in the Budget and to which the Finance Bill, at present before this House, proposes to give legislative expression.

National Development Plan.

Breeda Moynihan-Cronin

Question:

118 Ms B. Moynihan-Cronin asked the Minister for Finance the person who will be responsible for project appraisal to ensure National Development Plan programme objectives and value for money are achieved as promised in Chapter 12 of the plan; the resources that will be directed towards project appraisal; the reports that will be issued regarding project appraisal; if such reports will be publicly available; the amount of time such reports will be submitted prior to the commencement of a project; and if he will make a statement on the matter. [3874/07]

Departments and implementing agencies are responsible for the appraisal of NDP projects and programmes in their own specific areas. It will be their responsibility to ensure that they have the necessary expertise to discharge their functions with regard to the proper and rigorous appraisal of projects and thus secure the best Value for Money.

Within my own Department, the recently established Central Expenditure Evaluation Unit (CEEU) will play an important role in the general oversight of the appraisal and Value for Money practice across the system. A function of the CEEU is to promote best practice in the evaluation and implementation of programme and project expenditure. It will focus in particular on ensuring that Department of Finance frameworks in relation to the appraisal and management of programmes and projects are being implemented. The Unit will carry out spot checks to verify this.

As a general rule, project appraisals including Cost Benefit Analyses (CBAs) are not published. They contain commercially sensitive information, the publication of which could be prejudicial to the State's capacity to get best Value for Money in the procurement of capital projects.

Decentralisation Programme.

Michael Ring

Question:

119 Mr. Ring asked the Minister for Finance the number of the proposed decentralisation moves announced in December 2003, in respect of which no property solutions have yet been identified. [4175/07]

The Decentralisation Programme envisages the relocation of some 10,600 civil and public servants to more than 50 locations outside of Dublin.

The Office of Public Works has direct responsibility for the property aspects relating to most of these locations. In the case of a small number of locations e.g. Birr (FAS), Mitchelstown (Bus Eireann), Shannon (Enterprise Ireland) and Wexford (NBA), the responsibility for the acquisition of property solutions rests with the relevant agencies.

Since the announcement of the Programme, the Office of Public Works has been engaged in an extensive exercise with the aim of sourcing a range of property solutions covering all of its locations. The solutions include development sites, purchase or lease of existing buildings as well as purchase or lease of proposed buildings with planning permission.

To date, property acquisition negotiations have been completed or significantly advanced by the Office of Public Works in 37 locations in respect of permanent accommodation solutions. The solutions to date include a combination of OPW owned sites, local authority owned sites and privately owned sites. In a number of cases, it has been decided to lease or purchase buildings.

In the case of 5 locations, Athlone, the Curragh, Navan, Furbo and Sligo, OPW owned sites have been identified and will be used to accommodate decentralised offices.

In the case of another 6 locations, Carlow, Longford, Newcastle West, Killarney, Trim and Thurles, sites have been acquired from the relevant Local Authorities. Privately owned sites have been purchased in Buncrana, Clonakilty, Dungarvan, Knock, Cavan, Claremorris and Tipperary. Buildings have been leased in Loughrea and Carrick on Shannon. In the case of Tullamore, the OPW has completed the purchase of an office block, which was handed over in the first week of July 2006. Contracts have been signed by OPW in respect of 4 locations, Limerick (leased building), Thomastown (site), Edenderry (site) and Roscommon (site).

Contracts have been received in a further 9 locations including Donegal, Portlaoise, Listowel, Carrickmacross, Kilrush, Waterford, Wexford, Enniscorthy and Mullingar.

Terms have been agreed and contracts are awaited in a further 4 locations including Clifden, Youghal, Newbridge and Drogheda.

In parallel with the acquisition of permanent accommodation solutions, the Office of Public Works has been involved in sourcing temporary solutions in 22 locations in order to accommodate advance parties. These temporary solutions will allow the early movement of staff to their desired locations and will also facilitate them regarding their domestic family arrangements.

In a number of locations various proposals are still being evaluated and firm, preferred solutions have yet to be identified. These locations include Dundalk, Fermoy, Kildare, Monaghan, Arklow, Portarlington, Ballinasloe, Mallow, Kanturk, Cork City, Athy, Carrick-on-Shannon and Macroom. The Office of Public Works is actively pursuing the acquisition of suitable solutions in these areas. The expectation is that this exercise will be largely completed before the end of this year.

The progress achieved to date on the property front confirms that the Decentralisation Programme is well advanced and on course to achieve the Government's objective.

Motor Taxation.

Mary Upton

Question:

120 Dr. Upton asked the Minister for Finance if he will report on progress in establishing the consultation group announced in Budget 2007 who will look at reforming VRT to penalise those who buy high emissions vehicles; and if he will make a statement on the matter. [3887/07]

The public consultation on options for revising the VRT system to take greater account of CO2 emissions was announced on Budget day and I invited interested parties to make submissions to my Department by 1 March 2007. A summary of a number of possible options which are under consideration by my Department was contained in the Budget 2007 documentation and a longer consultation document has also been placed on my Department's website. In addition, an invitation for submissions was advertised in the national daily newspapers on 15 December 2006.

From March the Excise Policy Section of my Department in conjunction with the Office of the Revenue Commissioners will examine the submissions received and liaise with other relevant Departments and Offices as appropriate. As part of this process it is likely that there will be meetings with a number of those who have made submissions, in particular the key stakeholders. This will provide the opportunity to delve further into ideas which may emerge from the written submissions.

Decentralisation Programme.

Ruairí Quinn

Question:

121 Mr. Quinn asked the Minister for Finance the latest information available from the Central Applications Facility in respect of applications from civil servants and other public servants currently located in Dublin who wish to transfer to new locations outside of Dublin under the Government’s decentralisation programme; the way this compares with the Government target of 10,300; if agreement has been reached with all public service unions regarding promotional opportunities for those who chose to move and those who opt to remain where they are; and if he will make a statement on the matter. [3897/07]

Denis Naughten

Question:

192 Mr. Naughten asked the Minister for Finance the status of the decentralisation programme; and if he will make a statement on the matter. [4045/07]

I propose to take Questions Nos. 121 and 192 together.

A progress report by the Decentralisation Implementation Group (DIG) was submitted to me and published on 4th October last. The Group reported that implementation of the Decentralisation Programme is progressing satisfactorily.

Over ten thousand six hundred civil and public servants have applied to relocate under the Programme. Of these, approximately 5,600 or 53% are currently based in Dublin. The Central Applications Facility remains open and continues to receive applications.

All Departments and Offices have produced implementation plans setting out the detailed arrangements they are putting in place to plan for relocation while also ensuring business continuity and effective delivery of services to customers. The plans are comprehensive and their preparation involved detailed reviews of business processes as well as the logistics of the move. Departments and Offices are taking a prudent approach in relation to assessing the risks involved and the adoption of appropriate measures to manage business risk.

Discussions have concluded on a number of human resource and industrial relations matters and are being progressed on other issues. At the end of December 2006, over 2,400 staff had been assigned to decentralising posts. Some 700 of these are currently in place, in 15 new locations, while the remainder are being trained in advance of decentralisation to a new location, as soon as accommodation becomes available.

It is envisaged that by the end of 2007 public services will be delivered from 33 of the decentralisation towns with approximately 2,000 staff transferred. The precise numbers moving within that time frame will depend on the availability of property as well as timeframes for completion of fit out and installation of necessary ICT (information communications technology) and telecommunication cabling and equipment.

Across the public service, recruitment and promotion practices generally are being managed in a way which facilitates the achievement of the Decentralisation Programme in an efficient manner. Agreement has been reached with the Civil Service unions representing general service staff that all interdepartmental promotions will be made on the basis of the appointee agreeing to move to a post in a decentralising unit, Department or Office. Where an organisation is moving in full, all internal promotions will include a decentralisation condition in the 52 week period prior to the move. Where an organisation is moving in part, 50% of all internal promotions will include a decentralisation condition in the 52 week period prior to the move taking place. These arrangements allow for a proportion of all promotions arising in Civil Service general service posts in the normal course to have a decentralisation condition.

The position in relation to the State Agencies is of course more complex. The Government has always said that this is a voluntary Programme. Any staff member wishing to remain in Dublin will be accommodated with a public service job in Dublin. However, there is a need to balance the business needs of the organisation in furthering its relocation objective with the needs of staff remaining in Dublin. In these circumstances promotions policy must take account of the reality of Decentralisation. It is my strong view that these issues can only be resolved through dialogue and negotiations.

A facility is being operated through the Public Appointments Service to allow Civil Service general service staff remaining in Dublin to express preferences in relation to the organisations to which they would like to transfer. This will be an ongoing process throughout the transition phase of the Programme. Progress in this priority area is being monitored in co-operation with Departments and the relevant unions to ensure that they are operating efficiently.

The property programme is well advanced. The OPW conducts a review of the property timeframes for permanent accommodation on an ongoing basis. Based on its experience to date in relation to timeframes for property selection and acquisition, brief and design issues, tendering periods, planning issues and contractual arrangements, it has provided an updated schedule of the likely availability of accommodation.

This schedule allows for the planned movement of up to 6,800 staff in the next three years in line with the timeframes set out in the June 2005 report of the DIG. The delivery time for some locations will be later than originally projected, however, leading to a greater concentration of moves in 2009 rather than in 2008. Matters outside the control of the OPW, which could give rise to delay, will continue to be monitored and mitigating action taken where possible.

There are of course elements of the programme which continue to present challenges. These include the position of professional and technical personnel who wish to remain in Dublin, the State agency sector and ICT areas.

Discussions are ongoing with the unions representing professional and technical staff in the Civil Service on the range of industrial relations issues arising, including promotion arrangements and placing of staff who wish to remain in Dublin.

Having already met with a number of Secretaries General, the Decentralisation Implementation Group is currently meeting with some of the Chief Executives of State Agencies to discuss their Implementation Plans, the planning framework in place, to assess progress to date and to hear about the challenges arising and steps proposed by the agencies to address them.

In relation to ICT issues, a protocol has been prepared by my Department to address the filling of ICT posts and a sub-group of General Council has been established to move the process forward. The Centre for Management and Organisational Development (CMOD) has already concluded a pilot programme of ICT certified training and is currently developing tender proposals to source trainers to provide such certified training for new entrants to the ICT area. These initiatives will assist in ensuring a pipeline of skilled ICT staff in the Civil Service.

The issue of managed data centre services was also addressed by the DIG. The OPW has convened a working group to determine (i) the feasibility of procuring private sector versus State owned accommodation for data centres, including a cost benefit analysis of the options, and (ii) the logistics, costs, financing and staffing implications of State managed/operated data centres. It is expected that this work will be completed later in the Spring.

Tax Code.

Catherine Murphy

Question:

122 Ms C. Murphy asked the Minister for Finance if his attention has been drawn to the fact that where maintenance is paid by one parent to another on a voluntary basis tax relief cannot be applied for although such relief can be obtained by parents who have been compelled by court order to make maintenance payments; his views on the introduction of tax reliefs similar to those available to married couples, to single or separated and unmarried parents whereby both parents may avail of tax relief on creche and maintenance costs; and if he will make a statement on the matter. [4098/07]

Section 1025 of the Taxes Consolidation Act 1997 provides for the taxation treatment of payments made under legally enforceable arrangements by one spouse of a marriage to the other spouse in consideration, or in consequence, of the annulment or dissolution of a marriage or where the couple are separated. Legally enforceable arrangements include court orders, arbitration awards and deeds of separation including foreign orders and arrangements.

Where legally enforceable maintenance arrangements apply, the general position is that:

the spouse who pays the maintenance is entitled to a tax deduction for payments made for the benefit of the other spouse,

the maintenance payments are taxed in the hands of the receiving spouse,

the couple are treated for tax purposes as if unmarried.

In effect the maintenance payment is treated for tax purposes as if it was the income of the recipient and not the payer.

However, a separated couple may (except where a civil annulment has been obtained) jointly elect to be treated for tax purposes as if the separation had not taken place (provided they are both resident in the State and, if divorced, neither have remarried). When such an election is made, then the maintenance payments are ignored for tax purposes. The payer does not receive a tax deduction for them and the receiving spouse is not taxable on them.

In the case of non-legally binding maintenance payments, such payments are not taxable in the hands of the receiving spouse and the paying spouse cannot claim a tax deduction for them.

Where a relationship other than a married relationship dissolves, the income tax code makes no special provision in respect of the tax treatment of maintenance payments which may be made by one party to the other. There are no plans to change this arrangement which reflects, in part at least, the fact that, in such circumstances, no legal duty of financial support would have existed in the first place between the parties concerned.

I might also inform the Deputy that no special tax relief exists for married parents in respect of childcare, crèche costs or the general maintenance of their children. To the extent that the State supports parents in respect of their children, this is mainly done through the direct expenditure route in the form of Child Benefit payments and the Early Childcare Supplement and no distinction is made in this regard between married and unmarried parents.

Richard Bruton

Question:

123 Mr. Bruton asked the Minister for Finance if his attention has been drawn to the escalation of stamp duty costs on young families; and his views on measures to relieve this. [4121/07]

The stamp duty code provides assistance in a variety of ways to young families who are entering the property market for the first time. In the case of new houses bought by owner-occupiers, whether first-time buyers or others, there is no stamp duty where the overall size of the property does not exceed 125m2. First-time buyers of second-hand residential property are exempt from stamp duty on properties valued at €317,500 or less and varying rates apply on properties of greater value. I would point out that 75% of second-hand properties purchased by first-time buyers nationally in the first half of 2006 were below the stamp duty threshold.

The recent Budget also provided assistance to young families who are first-time buyers, through mortgage interest relief. I doubled the ceiling up to which mortgage interest relief is available for first-time buyers from €4,000/€8,000 per year to €8,000/€16,000 per year single/married. This will give first-time buyers up to an extra €67/€133 per month (approx €800/€1,600 per year) single/married in actual relief on top of the existing relief of €67/€133 per month single/married.

Where young families who already own property are trading up, any stamp duty liability that may occur is generally offset by the increase in the value of their previous property, which is not liable to taxation for owner-occupiers.

Departmental Staff.

Brian O'Shea

Question:

124 Mr. O’Shea asked the Minister for Finance the number of staff employed in the central evaluation expenditure unit; if there are plans to increase the number of staff in the unit over the period of the National Development Plan 2007 to 2113; and if he will make a statement on the matter. [3870/07]

There are currently five civil servants (including support staff) employed in the Unit. Two more expenditure evaluators are expected to join the Unit in the near future following a recent open recruitment process. In addition, my Department currently has four participants in the Masters Programme in Policy Analysis delivered by the Institute of Public Administration (IPA) in association with the Faculty of Commerce, UCD. Upon completion of the programme, they will be assigned as expenditure evaluators to the Central Expenditure Evaluation Unit, two in mid-2007 and two in mid-2008. The number of staff in the unit over the period of the National Development Plan 2007-2013 will be kept under review to ensure that the unit is adequately resourced to fulfil its duties and functions.

Financial Services.

Joe Sherlock

Question:

125 Mr. Sherlock asked the Minister for Finance if his attention has been drawn to the findings of the Financial Services Consultative Consumer Panel that €34 billion of savings of Irish people is kept in accounts with little or no interest payments and their recommendation that the Financial Regulator conduct an extensive consumer awareness campaign to advise savers to move money away from little and no interest accounts; and if he will make a statement on the matter. [3879/07]

I am aware of the report referred to and I understand that the findings of the report have been taken into account in a number of actions taken by the Financial Regulator.

The Financial Regulator published a Consumer Protection Code in July 2006 which is due to be fully implemented in the coming months.

Under the main principles of the Code regulated financial services firms are obliged to act in the customer's best interests. More specifically, the Code contains provisions that require banks to issue annual statements of transactions on all accounts with a balance in excess of €20, unless otherwise agreed with the consumer in writing. This statement must include, inter alia, details of the interest rates applied to the account during the period covered by the statement. In addition, a credit institution must make available to existing deposit holding consumers details of the different interest rates that are being applied to its other deposit accounts.

I understand that the Financial Regulator has advised the Financial Services Consultative Consumer Panel that it will be highlighting the importance of looking at different deposit and savings options available from various institutions to tie in with the next phase of its SSIA campaign. The Financial Regulator will also be advising consumers to examine terms and conditions carefully, particularly those concerning the effect of withdrawals, bonus interest and differences between accounts designed for regular savings versus lump sums. This next phase of the campaign will commence in early February.

The Financial Regulator includes information on deposit accounts in its consumer publications. The Regulator's guide, ‘Savings and Investments made easy', contains detailed information on savings accounts, including deposit accounts with banks, credit union share accounts and An Post deposit accounts. The guide explains that the higher the interest rate, the more money you earn. It also points to on-line and phone-based accounts, which can often pay higher interest than other savings accounts.

The Financial Regulator also encourages new savers to shop around to find the deposit account that suits them best, both in terms of the interest rate, access to their money and the terms and conditions that apply to the headline interest rate. This is part of the Regulator's general "shop around" message which encourages people to actively seek the product that suits them best.

The objective of these two initiatives is to motivate the consumer to carefully consider the best option for them when placing their money on deposit.

Tax Code.

Catherine Murphy

Question:

126 Ms C. Murphy asked the Minister for Finance the annual budget allocated to the Revenue Commissioners to facilitate publicity campaigns encouraging tax payers to claim back tax reliefs they may be entitled to; the percentage of the Revenue Commissioners overall budget this makes up; his views on increasing this budget in view of the huge sums of tax relief that go unclaimed each year; and if he will make a statement on the matter. [4097/07]

I am advised by the Revenue Commissioners that expenditure on advertising and publicity aimed at informing taxpayers of tax reliefs and entitlements and encouraging them to claim these comes from Revenue's general Advertising and Public Relations budget which in total amounted to €2,169,000 for 2006. Of this amount, €690,813, or approximately 32%, was spent on information and publicity campaigns relating to tax reliefs and credits to which taxpayers may be entitled. A slightly lesser amount, €635,979, or approximately 29%, was spent on information and publicity campaigns relating to tax collection and returns. The balance of this budget is spent on items such as production of Revenue's Annual Report, provision of information stands at national events etc.

From August to October of last year, Revenue undertook a targeted publicity campaign to make taxpayers more aware of reliefs to which they might be entitled and how claims for these may be made. This campaign involved a wide range of advertising media, including newspapers, radio, bus shelters, the LUAS and the DART. The campaign resulted in a significant increase in the number of people contacting Revenue and claiming entitlements. Publicity of an ongoing nature regarding reliefs is also provided — for instance by making information leaflets on Health and related expenses available in doctors' surgeries and in pharmacies.

The above figures do not include money expended on direct mail and on the website much of which contains information about tax reliefs and also encourages taxpayers to claim these. During 2006 for example Revenue individually informed each of over 2 million PAYE taxpayers of the tax credits and reliefs that are available and encouraged them to utilise the self-service options to claim their entitlements. The total cost of this particular campaign was €1,312,000.

It is clear from the details I have provided that the Revenue Commissioners are very proactive in ensuring that taxpayers are fully informed of their entitlements. Already this year, they have undertaken a publicity campaign to inform PAYE taxpayers of the issue of 2007 Tax Credit Certificates, updated to include the most recent budget changes. I am advised by Revenue that they send an information leaflet with every Tax Credit Certificate issued. This leaflet sets out the range of credits and reliefs available, including medical expenses, rent relief and refuse charges, and how these may be claimed. The Revenue Commissioners are also undertaking a separate publicity campaign at this time to promote PAYE self-service — the Deputy may have already seen or heard the advertisements for the new PAYE on-line service, designed to make it easier for PAYE taxpayers to claim credits or repayments. The budget allocated to these two publicity campaigns alone will exceed €500,000 and amount to over 33% of the indicative advertising budget for 2007.

In addition, Revenue's website provides a wide range of easily accessible information about tax reliefs and credits and how to claim them, with direct links to self-service channels including the new PAYE On-Line service.

I am aware that Revenue monitor and review their advertising expenditure having regard to need, impact and value for money and it is a matter for them to consider the allocation to different business objectives. I have been advised by Revenue that they made a total of 667,957 PAYE repayments last year (some covering several years) and these repayments amounted to €443,368,782.13. This is the factual situation in relation to what has been repaid and, while it is difficult to speculate about what additional sums might be claimable, the level of publicity and information provided by the Revenue Commissioners is such that those entitled to claim reliefs have — by any reasonable yardstick — ample opportunity to inform themselves of their entitlements and to fully avail of them.

Tax Yield.

Enda Kenny

Question:

127 Mr. Kenny asked the Minister for Finance the absolute value of the increase and the percentage increase in total tax raised since 2002; and if he is satisfied with the tax policies underpinning this trend. [4147/07]

In 2002, Exchequer tax receipts amounted to €29,294 million. Receipts in 2006 amounted to €45,539 million. This translates into an absolute increase of €16¼ billion or a percentage increase of 55½ per cent since 2002.

A large part of the increases in taxes in recent years came from the Revenue Commissioner's special investigations and also the continued strength of the property market over the period. However, the main reason we are receiving more in tax is the significant growth in the economy over the period. The tax and economic policies being pursued by this Government have put more money into the pockets of taxpayers and they are spending and investing that extra money as they see fit. This extra spending and investment yields extra taxes. I am more than satisfied with the policies that have facilitated this increased economic activity.

Tax Code.

Liam Twomey

Question:

128 Dr. Twomey asked the Minister for Finance if he is satisfied with the equity of tax relief provisions for pensions. [4144/07]

The State encourages individuals to supplement the social welfare pension arrangements with private pension arrangements by offering tax relief on private pension provision. The tax relief arrangements for private pension provision are long-standing and have helped a significant proportion of the workforce to provide for supplementary pensions thus reducing the pressure on the Exchequer to fund pension needs.

Tax relief is provided at an individual's marginal income tax rate on amounts contributed to pension schemes (subject to limits). The amount of profits and gains generated by the investments held by the pension schemes are tax exempt subject to certain ceilings. Pension benefits payable on retirement are taxable subject to an entitlement to take a tax-free lump-sum cash benefit.

Over half of all people in employment are covered by voluntary private pensions and, while this proportion has not changed hugely in recent years, the absolute numbers covered have been increasing. The National Pension Policy Initiative target is for a coverage rate of 70% for people in employment aged between 30 and 65. The coverage rate is currently below this level. In the 2006 Budget and Finance Act, I introduced some changes which were designed to encourage older people and those on lower incomes to commence or improve their voluntary pension arrangements. These changes involve:

A Pension Incentive Tax Credit to encourage SSIA holders on lower incomes to put some or all of the proceeds of their SSIA accounts on maturity into a pension product. For each €3 invested in a pension product, the Exchequer will contribute €1 (to a max. of €2,500) together with a proportion of the exit tax deducted from the SSIA on maturity.

An increase in the rate of age-based tax relief for pensions contributions to all pension products for contributors aged 55 years or over (i.e. from 30% to 35% of net relevant earnings/remuneration for those aged 55 or over but under 60; and from 30% to 40% of net relevant earnings/ remuneration for those aged 60 or over).

At the same time, I introduced other changes the purpose of which was to limit the cost to the Exchequer of tax relief provided to higher income earners. These changes are:

A cap on the value of a pension fund allowable for tax purposes of €5 million (or, if higher, the value of the fund on 7 December 2005).

A cap on the maximum value of the tax-free lump sum of €1.25 million which is 25% of the new maximum pension fund amount of €5 million.

In the same Budget I introduced, for the first time ever, a general restriction on the use by high earners of special tax reliefs of one type or another and I delivered what in real terms was described by the ESRI as a "highly progressive" Budget. Tax equity, both in relation to pensions and more generally, was therefore a major feature of that Budget.

Flood Relief.

Jimmy Deenihan

Question:

129 Mr. Deenihan asked the Minister for Finance if, in view of serious flooding that has affected the livelihoods of several farming families in the Cashen area of north Kerry, the Office of Public Works will proceed to install further pumps similar to the one that has already been installed and which is proving to be a success; and if he will make a statement on the matter. [4096/07]

As I indicated in reply to the Deputy's question on 31st January, the Commissioners of Public Works will carry out works to the embankments in the River Cashen area this year. They will then monitor the impact on the land affected of this work and of the pump already installed on a trial basis to ensure that the delicate balance between flood alleviation and damage to the lands due to over-drainage is maintained before deciding whether to install further pumps.

While it is agreed that the pump has been effective in alleviating flooding of the land, the report, which recommended the pumping solution also identified the risk of land settlement, which would undermine it's long term viability as a possible consequence.

The Commissioners will carry out a review of the experiment, including a survey of the land to determine if there is any evidence of settlement, as well as a review of the costs of installation, operation and maintenance, later this year before deciding whether to install further pumps at this stage.

Decentralisation Programme.

Pat Rabbitte

Question:

130 Mr. Rabbitte asked the Minister for Finance his views on whether an all party review of decentralisation is required in the national interest to conform more closely with the recommendations of the National Spatial Strategy in view of the aims of the National Development Plan 2007 to 2013 and its targeted funding for the nine regional gateways; his views on the potential loss of expertise and corporate knowledge as a result of the Government's decentralisation programme; his further views on whether this measure will gain sufficient applicants to meet decentralisation targets; and if he will make a statement on the matter. [3867/07]

First of all I would like to state the Government's full commitment to the Decentralisation Programme and to re-iterate that this Government's policy on the programme is unchanged.

The National Spatial Strategy (NSS), which was launched in 2002, embodies a 20-year spatial framework to achieve more balanced regional development in Ireland. The vision underlying the NSS is a better balance of social, economic, physical development and population growth between regions. The National Development Plan will particularly focus investment around the NSS, especially around the network of the nine Gateways identified in the Strategy. It will also support the concept of an urban-rural partnership by linking the focus on the Gateways with support for other urban centres and rural areas.

As I have previously pointed out in this House, a wide range of factors were taken into account and balanced against each other in selecting the locations for the new decentralised offices. These included the need to achieve a fit with the National Spatial Strategy, the existence of transport links and the locations of existing decentralised offices. The decentralisation programme will have significant positive effects in fostering balanced regional development. The impact of decentralised offices will be quite significant in many of the smaller towns in which they will be located and their catchment areas. As clearly stated in the NDP, the decentralisation process is a direct instrument that will strengthen, in particular, the hub, smaller town and rural structure and complement the key and dynamic role to be played by the Gateways.

To date over 10,600 have applied to the Central Applications Facility and despite consistent negative commentary, no political spokesperson has said that any town or county should be dropped from the programme.

In relation to the implications of Decentralisation for delivery of service, the terms of reference for the Decentralisation Implementation Group explicitly included the examination of how Decentralisation might enhance the efficiency and effectiveness of the public service. To this end the Group asked that all organisations participating in the programme should prepare detailed implementation plans including not just risk assessment but also mitigation strategies. A wide range of issues, including the potential loss of expertise and corporate knowledge, are addressed in these plans. The plans were prepared and submitted to the Implementation Group which subsequently reported that the overall quality of the plans was good. Since then those organisations listed as early movers have prepared further updated versions of their implementation plans.

The Implementation Group has met with the Secretaries General of decentralising Departments and is satisfied that the implementation of the programme is being managed in a professional and carefully planned manner. The Group is currently meeting with the Chief Executives of a number of State Agencies to discuss the planning framework in place, to assess progress to date and to hear about the challenges arising and steps proposed to address these challenges.

A progress report by the Decentralisation Implementation Group (DIG) was submitted to me and published on 4th October last. The Group reported that implementation of the Decentralisation Programme is progressing satisfactorily. At the end of December 2006, over 2,400 staff had been assigned to decentralising posts. Some 700 of these are currently in place, in 15 new locations, while the remainder are being trained in advance of decentralisation to a new location, as soon as accommodation becomes available.

It is envisaged that by the end of 2007 public services will be delivered from 33 of the decentralisation towns with approximately 2,000 staff transferred. The precise numbers moving within that time frame will depend on the availability of property as well as timeframes for completion of fit out and installation of necessary ICT (information communications technology) and telecommunication cabling and equipment.

The property programme is well advanced. The OPW conducts a review of the property timeframes for permanent accommodation on an ongoing basis. Based on its experience to date in relation to timeframes for property selection and acquisition, brief and design issues, tendering periods, planning issues and contractual arrangements, it has provided an updated schedule of the likely availability of accommodation.

This schedule allows for the planned movement of up to 6,800 staff in the next three years in line with the timeframes set out in the June 2005 report of the DIG. The delivery time for some locations will be later than originally projected, however, leading to a greater concentration of moves in 2009 rather than in 2008. Matters outside the control of the OPW, which could give rise to delay, will continue to be monitored and mitigating action taken where possible.

Tax Code.

Joe Costello

Question:

131 Mr. Costello asked the Minister for Finance the latest information in relation to tax incentives for private hospitals developments regarding the number of applications made under the scheme; the number of applications that have been approved; the number of hospital beds to be supplied by the approved applications; the expected cost of the tax foregone on these developments; and if he will make a statement on the matter. [3896/07]

I am informed by the Revenue Commissioners that information on the scheme of tax relief for private hospitals was for the first time specified and separately included in personal income tax returns for the tax year 2004, the latest year available, and which were due for filing in October, 2005. Based on the information that has been received and collated to date for the tax year 2004, a total of €4.5 million was included in 37 claims for capital allowances for the construction of private hospitals. This figure would correspond to a maximum Exchequer cost of the order of €1.9 million for these returns in terms of income tax forgone.

The Revenue Commissioners do not have information on the number of hospital beds supplied or to be supplied as part of projects in respect of the expenditure on which tax relief is claimed under the scheme. However, in order for expenditure on a private hospital to qualify for the tax relief, the private hospital would have to provide a minimum of 70 in-patient beds on an overnight basis or 40 beds for day treatment services.

Data for the tax year 2005 is being compiled. It is not yet available for 2006 as the income tax returns for that year are not due for filing until October 2007.

National Development Plan.

Eamon Ryan

Question:

132 Mr. Eamon Ryan asked the Minister for Finance the reasoning behind the unallocated public private partnership reserve provision of €2.8 billion which features as part of the National Development Plan funding source for PPPs. [4073/07]

Since the introduction of the Multi Annual Capital Investment Framework in 2004, it has been the practice to have an unallocated reserve (Exchequer and PPP) over the period. This reserve is necessary to allow for flexibility over the period whereby an unallocated amount is available for allocation in future years in the light of evolving priorities. The seven year capital envelope included in the National Development Plan continues existing practice and, accordingly, provides for a total reserve of some €5 billion over the period of which €2.8 billion is for PPPs.

Pension Provisions.

Gerard Murphy

Question:

133 Mr. G. Murphy asked the Minister for Finance his views on the options for pension reform; and if he will make a statement on the matter. [4161/07]

As I stated in my reply to question No. 39171/06 on 22 November last, the Government's position on pension reform is reflected in the statement issued in August by my colleague the Minister for Social and Family Affairs when the Report of the Pensions Board on Supplementary Pensions — "Special Savings for Retirement" — was published. This statement recognised the many challenges in relation to pension coverage, while also making it clear that no pension system is worthwhile unless it is sustainable. It also highlighted the need for any examination of pensions policy to recognise the following facts:

that the number of persons aged 65 is projected to double from a current level of some 464,000, to nearly one million by 2030;

the public cost of providing for those in this age group will rise from 13% of GNP to over 17%, apart from other pressures or enhancements to social welfare or public services;

there are over 4 workers contributing to the support of every pensioner at present; this will fall to 2.7 in 20 years time and to less than 1.5 workers per pensioner in 50 years time;

that people are living longer, healthier lives and this, in itself, must inevitably mean a longer working life is possible and that a higher pension age overall may in time become the norm.

The Government is committed to publishing a Green Paper on Pensions Policy outlining the major policy choices and challenges in this area. Work on the Green Paper, which will take account of the views of the social partners, is being progressed by my colleague the Minister for Social and Family Affairs. The Government is also committed to responding to the consultations arising from the Green Paper within 12 months of the ratification of Towards 2016 by developing a comprehensive framework for addressing the pensions agenda over the long term.

The financial and economic sustainability of our pensions system is extremely important in the context of any future decisions the Government may take in this area. Changing demographic trends over the coming years will present a number of significant interrelated challenges which can only be addressed if the economy remains competitive and improves its long-term growth potential. It will be vital that policy development in this area is underpinned by a comprehensive assessment of the impact on competitiveness and macro-economic performance so that the right mix of policies can be developed for the long-term.

Taxpayers’ Advocate.

Liam Twomey

Question:

134 Dr. Twomey asked the Minister for Finance if he supports the establishment of a tax advocate with powers to monitor fair treatment of taxpayers. [4136/07]

The Deputy's question is related to the calls made on occasion for the establishment of an independent individual or entity whose proposed role would include acting as an advocate for taxpayers who feel unfairly treated by the system. The statutory remit of the Ombudsman already incorporates both of the roles proposed for a taxpayer advocate, namely, acting for taxpayers and investigating actions which are contrary to fair or sound administration.

Since the inception of the Office of the Ombudsman, significant numbers of taxpayers have exercised their right to make complaints to that office. Furthermore, the Ombudsman has carried out a number of special investigations on her own initiative under the Ombudsman Act 1980, such as into the operation of schemes for disabled drivers and the repayment of tax to certain widows. When calls were previously made for the establishment of a taxpayer advocate, the then Ombudsman drew attention to the duplication of role and responsibilities that such a development would involve.

Apart from the statutory role and responsibility of the Ombudsman, other avenues are also open for taxpayers to make their complaints and to seek satisfaction for perceived unfair treatment. They can lodge a customer service complaint about the standard of service received in their personal contact with the Revenue Commissioners by telephone, correspondence, fax, e-mail or in person to a Revenue public office. They can request a review by Revenue of any aspect of the way in which their tax affairs have been handled. Such reviews are undertaken by a senior Revenue official who was not involved in the original decision or, at the taxpayer's request, jointly by an external reviewer and a senior official. Taxpayers who are dissatisfied with specific treatments by Revenue can also make an appeal under statutory provisions which grant access to the appeal commissioners. The appeal commissioners are completely independent of the Revenue Commissioners.

The fact that few people are enthusiastic about paying taxes is all the more reason for effective channels of complaint and appeal by taxpayers against poor service or unfairness. However, given the comprehensive and accessible system already in place for complaints or appeals by any taxpayer who feels unfairly treated by the tax system, it is not obvious to me that there is a case for putting in place the additional layer of a tax advocate's office.

National Development Plan.

Liz McManus

Question:

135 Ms McManus asked the Minister for Finance if an inflation impact study was conducted for the National Development Plan 2007 to 2013; if such a study will be published; and if he will make a statement on the matter. [3868/07]

The NDP was framed in the context of a full evaluation of the macro-economic situation for the period ahead and based on reasonable projections and parameters for the key economic variables concerned, including the likely evolution of domestic and international scenarios.

Tax Code.

Jan O'Sullivan

Question:

136 Ms O’Sullivan asked the Minister for Finance the estimated cost to the Exchequer of the introduction of mortgage interest relief measures introduced in Budget 2007; and the projected property related stamp duty receipts for the full year of 2007 [3895/07]

The cost of increasing the annual ceiling on the amount of interest that can be allowed on a mortgage for first-time buyers and for non-first-time buyers, as introduced in the recent Budget, was estimated to be €50 million in 2007 and €70 million in a full year.

I have been informed by the Revenue Commissioners that the projected net receipt from stamp duty on property, residential and non-residential, for 2007 is estimated at €3,267m.

Ethics in Public Office.

Paul McGrath

Question:

137 Mr. P. McGrath asked the Minister for Finance the circumstances in which a gift to a serving Minister will be deemed to be a conflict of interest under the purposed new amendment to rules governing Ethics in Public Offices. [4155/07]

The Deputies will be aware that office holders and members of the Dáil and Seanad may accept a significant gift in only limited circumstances.

The Taoiseach and Tánaiste previously issued statements saying that the Ethics legislation will be amended to require an office holder or member, before accepting a significant gift or loan, to seek the opinion of the Standards in Public Office Commission that acceptance of the gift or loan would not be likely to compromise the discharge of his or her public duties, and to abide by the Commission's opinion.

The details of the proposal are being finalised and the Government will bring forward legislation during the current Dáil session.

Tax Code.

John Perry

Question:

138 Mr. Perry asked the Minister for Finance the property based tax reliefs for which no termination date has been set; and if he has requested any reviews of these or other reliefs by the Revenue Commissioners. [4173/07]

In Budget 2006, following a major review of various existing tax reliefs involving both internal reviews and the employment of outside consultants I announced the termination, subject to certain transitional provisions, of the following reliefs; the urban renewal, town renewal and rural renewal schemes, and the special reliefs for hotels, holiday cottages, student accommodation, multi-storey car parks, third-level educational buildings, sports injuries clinics, developments associated with park and ride facilities and the general rental refurbishment scheme.

In line with the recommendations of the consultants, I retained the tax reliefs available for private hospitals, convalescent homes, registered nursing homes and childcare facilities. Finance Act 2006 introduced a new scheme of capital allowances for qualifying mental health centres which commenced on 23 January 2007.

In addition to the special property-based tax schemes covered by last year's reviews, Section 268 of the Taxes Consolidation Act 1997 provides for capital allowances for a range of buildings or structures. These are normal business related capital allowances rather than special incentive schemes.

The operation and impact of tax reliefs are monitored and/or subject to review on an ongoing basis as part of the normal work of my Department and the Revenue Commissioners. For example, I introduced a number of changes to the research and development tax credit scheme in Budget 2007 on foot of an interim review of the operation of the scheme to date. I have also asked for an updated review of the scheme of capital allowances for residential units associated with registered nursing homes which scheme is due to terminate next year. A report of this review has now been received and is being examined. Last year my Department, in conjunction with the Department of Enterprise, Trade and Employment and the Revenue Commissioners, carried out a review of the Business Expansion Scheme (BES) and the associated Seed Capital Scheme (SCS), both of which were due to expire on 31 December 2006. As part of this review, questionnaires were sent to nearly 1400 companies who had used the schemes in the past.

On foot of this review (which will shortly be published in full), I decided in Budget 2007 to renew the BES from 1 January 2007 for a seven year period to 31 December 2013. The BES company limit is being increased from €1 million to €2 million, subject to a maximum of €1.5 million to be raised in a twelve month period. The investor limit is being increased from €31,750 to €150,000.

As the BES and the SCS are State aids, the continuation of the schemes and the proposed changes will require the approval of the European Commission and will be subject to assessment by the Commission under the new "Community Guidelines on State Aid to Promote Risk Capital Investments in Small and Medium-Sized Enterprises" (2006/C 194/02) published in the Official Journal of the European Union in August 2006.

Travel Insurance.

Olwyn Enright

Question:

139 Ms Enright asked the Minister for Finance if his attention has been drawn to the fact that there is no code of practice to protect consumers in the sale of travel insurance; and if he will ask IFSRA to consider fully this gap. [4140/07]

Under the EU Insurance Mediation Directive, travel agents who sell insurance only as part of a holiday package are specifically exempt from financial regulation. These agents are therefore not authorised and regulated as financial services providers by the Financial Regulator and do not come within the scope of the Consumer Protection Codes recently introduced by the Financial Regulator. The Financial Regulator does, however, publish information and advice on travel insurance for the benefit of consumers.

The Package Holidays and Travel Trade Act 1995 covers the holiday package but not the travel insurance that may be sold with it. The Financial Services Ombudsman has powers to deal with complaints which concern the conduct of the underwriting insurance company, in relation to claims about the actual policies themselves, but not the sales process of travel agents.

Any travel agent selling travel insurance that is not part of a package holiday, must be registered with the Financial Regulator as an insurance intermediary. I understand that such insurance is widely available, whether through travel agents or other providers and I would urge consumers to examine carefully the benefits of this option.

Under the Package Holidays and Travel Trade Act it is the Director of Consumer Affairs who has direct responsibility for enforcing consumer protection provisions dealing with information provided to the consumer before conclusion of a package holiday contract. There is an obligation under section 12(1)(c) of the Act for the travel organiser/retailer to provide the consumer with information on the minimum level of travel insurance cover where such insurance cover is compulsory under the holiday contract. If such insurance is not compulsory under the contract, section 12(4) also provides that the travel organiser will inform the consumer about the optional conclusion of an insurance policy to cover certain risks. Under the Consumer Protection Bill 2007, which was recently published by the Minister for Enterprise, Trade and Employment, it is proposed to transfer the functions of the Director of Consumer Affairs to the new National Consumer Agency.

I understand that the Financial Regulator and the Departments of Transport and Enterprise, Trade and Employment are currently in correspondence regarding the recommendation by the Financial Services Ombudsman in his Annual Report 2005, that a code of practice be adopted to cover how travel insurance is sold by travel agents. As Minister for Finance, I have no statutory function in regulating the activities of travel agents selling insurance as part of a package holiday.

Export Performance.

Shane McEntee

Question:

140 Mr. McEntee asked the Minister for Finance his views on the medium term implication of Ireland’s export performance; and if he will make a statement on the matter. [4152/07]

Provisional data for the first three quarters of 2006 show that the volume of exports of goods and services increased by 6.1% on an annual basis in that period. This compares with an annual increase of 3.9% for 2005 as a whole.

In the medium term, the outlook for Irish export performance remains broadly positive. Our existing strong export base, particularly in pharmaceuticals, food, medical devices, software and financial services, allied with our pro-business environment and skilled workforce, are factors which provide good grounds to expect a continued solid export performance from the Irish economy over the medium term. However, it is important that we remain focused on improving our competitiveness, which has been declining in recent years.

To ensure that our export sector remains strong, the Government is adhering to prudent fiscal and expenditure policies as well as investing in infrastructure, education and skills development.

Exchequer Revenue.

Seymour Crawford

Question:

141 Mr. Crawford asked the Minister for Finance the proceeds received to date by the Exchequer from the sale of shares in Aer Lingus; and if these funds are to be placed under management by the NTMA. [4176/07]

To date the Exchequer has received €240,902,257.20 from the sale of shares in Aer Lingus Group PLC. These funds have been lodged to the Exchequer and will be classified in the Finance Accounts as Capital Receipts.

The Government has retained a 25.4% stake in Aer Lingus Group PLC. At close of business on 5th February 2007 this stake had a value of €382,210,724.10.

Internet Trading.

Ivor Callely

Question:

142 Mr. Callely asked the Minister for Finance the mechanism in place by his Department and by the Revenue Commissioners in relation to trading on the internet; the level of taxes or VAT generated by trading on the internet; and if he will make a statement on the matter. [3854/07]

I am informed by the Revenue Commissioners that, in general, the amount of VAT and other taxes collected from Internet trading is not separately identifiable as businesses are obliged to calculate and return VAT and other taxes by reference to their entire taxable activities, which includes both traditional forms of business and e-commerce.

The potential risk to VAT revenues from e-commerce lies in the area of non-EU businesses trading with Irish consumers solely by means of the Internet, rather than with Irish businesses that have developed on-line business in conjunction with their existing retail business. In particular, the area of the supply of digitised services, such as music and software, by non-EU suppliers, is particularly difficult.

In so far as goods are concerned, there is no doubt but that the Internet has led to increased sales of goods by businesses outside the EU to private consumers in Ireland. The vast bulk of this business is small goods and involves postal importations. VAT is payable on imports into Ireland from outside the EU. Trade within the EU to private consumers is (with the main exception of new means of transport) generally subject to VAT in the Member State from where the good is supplied. Revenue has a Customs presence at the four An Post mail depots that receive third country mail. All non-Community mail on arrival at the depots is subject to either an external or internal examination of the goods and documents. Revenue staff raise the relevant charges, customs duty, excise and VAT, which are shown on a charge label affixed to the package and collected by the postal authority on delivery. While Revenue is generally satisfied with its existing procedures in this area, it is an area that is kept under review from both a staffing and procedural viewpoint.

There has also been an increase in the supply of e-services from businesses outside the EU to customers in the EU. An EU Directive in 2003 introduced temporary changes requiring non-EU based businesses to charge VAT on supplies to EU customers and to register for and pay VAT in each Member State where they have customers. To reduce the costs to businesses of complying with the revised rules, an electronic system called the VAT on e-Services System was introduced. Under this Special Scheme a non-EU business providing e-services to customers in the EU may register for the scheme with one EU Member State of their choice and account for VAT electronically in relation to their supplies in all Member States.

The EU Commission has concluded that the Special Scheme has been a success and it has recently been agreed to extend the scheme to 31 December 2008. Some 900 companies are registered under the Special Scheme with 6 of those businesses currently registered in Ireland. Up to September 2006 Revenue had collected some €21.8 million from the non-EU businesses registered in Ireland. Of this, almost €379,000 represents VAT on sales to consumers located in Ireland. In the same period, Ireland has been the recipient of almost €1.7 million in VAT remitted by other Member States in respect of sales to consumers located in Ireland by non-EU traders who have registered with those other Member States under the Scheme.

Revenue's approach to VAT compliance and indeed tax compliance generally is based on risk analysis, taking into account all taxes and duties relevant to the businesses and both the e-commerce and traditional economic activities of the business. This approach generates a much greater knowledge of business activities, more detailed local risk assessment and faster compliance interventions. Also, at both regional and national level, Revenue is undertaking reviews of certain business sectors, the purpose of which is to improve overall tax compliance across those sectors. Overall, Revenue is satisfied with its monitoring of the tax on e-commerce obligations of businesses that are registered in the State.

It should be noted that in the context of e-commerce taxation issues are best resolved through international co-operation. In this regard, Revenue will continue to work with its counterparts at EU and OECD level. The tax administrations of all EU Member States recognise the need to be able to detect and identify traders who operate on the Internet. The EU Commission has set up a project group to investigate the tools and techniques available to aid in the detection of traders operating on the Internet. Revenue jointly heads up the Steering Group for this project with its UK and Polish counterparts. Amongst the agreed objectives of the project are the benchmarking of Internet search tools and the production of an e-commerce road map, which will give a step-by-step guide to the identification of e-commerce activity.

Tax Code.

Kathleen Lynch

Question:

143 Ms Lynch asked the Minister for Finance the estimated cost to the Exchequer in 2007 of the 1% cut in the top rate of tax in Budget 2007; and the percentage of earners paying tax at the top rate. [3894/07]

As outlined in my 2007 Budget speech, the estimated net cost of the 1% cut in the higher rate of tax is €125 million in 2007 and €186 million in a full year. These cost estimates take account of the estimated off-setting savings in the costs of marginal rated tax reliefs arising from the reduction in the rate.

As regards the second part of the Deputy's question, if one looks at the effective tax rates actually paid by taxpayers, there are many who are nominally liable at the higher rate of tax but who effectively pay tax at no more than the standard rate of tax. This is due to their higher rate liability for tax being fully offset by the value of their personal credits, as explained in pages C23 to C28 of the 2007 Budget booklet. It is estimated that, allowing for this effect, an estimated 19.8% of income earners will pay tax at a rate of greater than 20% in 2007. These earners will pay 41% at the margin, but for most of them, their effective income tax bill will be well below 41% because of the operation of their tax credits and standard rate bands.

National Development Plan.

Joan Burton

Question:

144 Ms Burton asked the Minister for Finance if an environmental assessment of the National Development Plan was carried out; if there was a public consultation conducted as part of this environmental assessment; if a report has been prepared on the environmental effects of the plan; if his attention has been drawn to the fact that this is a requirement under European Community Law Directive 2001/42EC and without such a report the plan is illegal; and if he will make a statement on the matter. [3864/07]

It was not necessary to carry out a Strategic Environmental Assessment of the National Development Plan 2007-2013. The Plan is primarily a strategic document and indicative financial Plan. It is not unduly prescriptive as regards projects over the period and does not impact on the planning or environmental framework within which consent is given for individual projects. It accordingly does not fall within the framework of the Strategic Environmental Assessment Directive and it was not therefore subject to a formal SEA. I would point out, however, that Environmental Sustainability is a key horizontal objective of the Plan and Chapter 6 of the Plan deals with this issue in some detail, including the positive impact of Plan investment on the environment.

There was a widespread consultation process on the National Development Plan and this included submissions from environmental interests.

Interest Rates.

Séamus Pattison

Question:

145 Mr. Pattison asked the Minister for Finance his views on the implications for the Irish economy of the expected further increase in interest rates; and if he will make a statement on the matter. [3901/07]

Interest rates have been very low in historical terms, and the recent increases would appear to have had an effect mainly on reducing the rate of house price increases. The current higher level of interest rates will tend to lower overall domestic demand in the economy, all other things being equal. The effect of further increases would be to reinforce this effect depending on the state of the economy generally and developments at an international level e.g. the impact of oil price changes on domestic demand. Page E.18 of the Stability Programme Update in Budget 2007 discusses these issues in further detail.

Tax Code.

Fergus O'Dowd

Question:

146 Mr. O’Dowd asked the Minister for Finance the basis on which forecasts of capital tax are made by his Department; and the assumptions in respect of the number of taxable transactions and the trend in house prices that underpinned the 2006 estimate. [4167/07]

The assumptions underpinning the 2006 capital taxes forecasts were based on economic growth estimates in the Stability Programme Update which was published on Budget day, December 2005. These estimates included GNP, projected changes in the consumer price index and developments in the construction sector.

The methodology for forecasting capital taxes in 2006 firstly required my Department to estimate the outturns for the base year, in this case 2005. These projected outturns were then adjusted to take account of known once-off factors, both negative and positive, likely to impact on the yield in 2006. An example was the discontinuance in 2006 of the bank levy, the receipts from which came in under stamp duties. The figures were then refined to take account of the impact of Budget measures. These various steps gave the base upon which the 2006 forecasts were built.

The base was then inflated for projected economic developments in 2006. In the case of capital gains tax and capital acquisitions tax, estimated growth was driven by the forecast change in nominal GNP and in the CPI, respectively. For stamp duties, since the bulk of the yield is from transactions in residential and commercial property, the forecast for 2006 was largely based on estimated volume and price growth in the residential and commercial property sectors.

The capital gains tax estimate represented an increase of 3.8 per cent and the capital acquisitions tax estimate an increase of 4.4 per cent on their respective 2005 outturns. The stamp duty estimate represented a decrease of 1.5 per cent on the 2005 outturn but this largely reflected the non-renewal of the bank levy.

The estimates for all three taxes assumed a lower rate of growth in revenues from these sources in 2006 than the significant increases experienced in 2005. However the property market in 2006 proved more robust than many commentators predicted around the time of the 2006 Budget and this was a contributory factor in the yields from these sources outperforming their respective targets.

Pension Provisions.

Billy Timmins

Question:

147 Mr. Timmins asked the Minister for Finance if he sees merit in modifying the requirement in approved pension schemes of taking out an annuity in view of the poor value in such annuities. [4131/07]

The position is that prior to the passing of the Finance Act, 1999, any person going on pension under a defined contribution scheme or a retirement annuity contract was required to purchase an annuity with any remaining pension fund moneys, following the drawdown of the appropriate tax-free lump sum.

The Finance Act, 1999 introduced changes which gave a significant degree of flexibility and personal choice to certain categories of individual in relation to the drawing down of benefits from their pension plans. These choices include the options to purchase an annuity, receive the balance of the fund in cash (subject to tax, as appropriate) or to invest in an Approved Retirement Fund (ARF) or Approved Minimum Retirement Fund (AMRF), depending on the circumstances. Proprietary directors, self-employed individuals and certain employees/directors in non-pensionable employment represent the categories of individual who can exercise these options in relation to their pension plans.

While these flexible options for drawing down pension benefits are not available to members of employers' defined contribution schemes (who are outside of the categories of individual described above) in respect of benefits derived from standard contributions to the schemes, the flexible options do apply as regards any Additional Voluntary Contributions (AVCs) made by such members either to their main schemes or to separate AVC schemes. The flexible options also apply to Personal Retirement Savings Accounts (PRSAs) introduced in the Finance Act, 2002 to create an alternative pension product which is flexible, portable and user-friendly.

The question of making changes, as suggested by the Deputy, to the existing arrangements for the broad membership of approved occupational pension schemes, generally, is a complex matter and needs to be considered as part of the wider issue of pension and retirement provision in Ireland. In this regard, the Government is committed to the publication this year of a Green Paper on Pensions Policy. The Green Paper, into which my Department (among others) will have an input, will outline the major policy choices and challenges facing us in the pensions area and important issues such as those raised in the question are best left for consideration in that context.

Personal Indebtedness.

Jack Wall

Question:

148 Mr. Wall asked the Minister for Finance if he is satisfied that the Financial Regulator is doing enough to protect consumers in relation to credit card debt in view of the high interest charges; and if he will make a statement on the matter. [3889/07]

Seán Ryan

Question:

163 Mr. S. Ryan asked the Minister for Finance his views on the rapid increase in credit card debt in the past three years from €1.6 billion to €2.6 billion or by 56% even though the number of credit cards in circulation has only increased by 10%; and if he will make a statement on the matter. [3888/07]

I propose to take Questions Nos. 148 and 163 together.

The Financial Regulator spends significant time and resources informing consumers about the potential risks of credit cards. Publications including credit card cost surveys are available to help consumers choose the card that suits their needs. However, guidance from the Financial Regulator recommends that consumers take on the right type of credit for the right purpose; credit cards are not suitable for long-term debt as the rates are far higher than other forms of credit. The Financial Regulator also issues information to help people who have problems with credit card debt. This information is available through its publications, help-line and website.

All credit card providers must comply with the Regulator's Consumer Protection Code, which states that financial services providers must act in the customers' best interests and only provide financial products that are suitable for the consumer. In addition, there are some specific rules with regard to interest rates and credit cards limits. When a credit institution is changing its interest rates, it must state the effective date of the new rate. It must also update the interest rate details on its information services as soon as the change comes into effect. With regard to credit card limits, they cannot be increased unless requested by the consumer.

The Deputy may wish to note that credit card debt represents less than 2% of personal sector credit, and less than 1% of overall private sector credit (PSC) and is one of the slowest growing components of PSC. Credit card data refers to debt outstanding on all credit cards at end-month and includes balances that may be paid in full at the payment due date. The increase in the number of cards issued and the amount of debt outstanding is in line with a general trend of increased market penetration in the EU and a move towards electronic retail payment methods.

Business Expansion Scheme.

Eamon Ryan

Question:

149 Mr. Eamon Ryan asked the Minister for Finance his views on whether a 35% response rate in the recent business expansion scheme survey is sufficient a quantity to base BES reform decisions on. [4072/07]

During Summer 2006 the Department of Finance carried out a survey of the 1,391 companies that had availed of the Business Expansion Scheme since 1997. The aim of the survey was to identify the types of companies that generally avail of the scheme and to determine the nature and extent of the benefits of the scheme to companies that have availed of it in the past. Of the 1,391 companies surveyed, 491 (35% of those to whom the survey was sent) responded. This is a very good response rate for a survey of this nature. The survey clearly indicates that the BES has been good for manufacturing, good for jobs and good for investment in small firms throughout the country.

Of course, my decision to extend the Business Expansion Scheme and the associated Seed Capital Scheme was not solely based on this survey. A thorough review of the scheme was carried out by my Department in conjunction with the Department of Enterprise, Trade & Employment and the Revenue Commissioners. The results of this review will be published shortly. This review took account of the findings of the Report of the Small Business Forum, Small Business is Big Business, the Survey of SME Finance/Equity carried out by Forfás, and the PWC Report Strategic Advisory Services — Enterprise Ireland Seed and Venture Capital Funds Programme 2006, as well as a range of submissions from interested parties.

In addition, the extension of the scheme was considered by the Tax Strategy Group in the context of Budget 2007.

On the basis of all of this I concluded that there was a strong case for extending the schemes given the clear market failure in providing equity capital for small firms in their start up and early development phase, the evidence of how vital the schemes have been in the past for such firms and the continuing needs in this regard, the potential return to the economy from indigenous Irish companies, and the clear support for continuation from a large number of representative and other bodies in the public and private sector.

Tax Yield.

Dan Boyle

Question:

150 Mr. Boyle asked the Minister for Finance if he is confident in mechanisms used to make Exchequer return projections which form an important basis of spending allocations in view of the inaccuracy by millions of the end of year Exchequer projections made at the time of the budget compared to the eventual returns. [4069/07]

I assume that the Deputy, in using the phrase "inaccuracy by millions" is referring to the difference, in recent years, between actual tax revenues and the Budget day forecasts.

There have been valid reasons for the extent of these differences in recent years, including the stronger than expected pace of economic growth and once-off factors such as the yield from Revenue special investigations. However, the most significant reason for the difference between tax forecasts and actual outturns in recent years is the very strong growth in capital taxes reflecting, amongst other things, the exceptional growth in the property market.

It is always difficult to make accurate tax forecasts. The underestimate of taxes since 1975 is nearly 5% on average, with the highest underestimates arising in 1976 and 1988. My Department keeps its approach to tax forecasting under review on an ongoing basis. For this reason, a Group chaired by a Senior Economist from the Central Bank, currently on secondment to my Department has been established to conduct a review of the tax forecasting methodology. The Group currently comprises other experts from my Department, the ESRI, the Revenue Commissioners and the Central Bank. It is due to report in June 2007.

In terms of the tax forecasts forming an important basis of spending allocations and in order to dispel any fears of deliberate under-projecting of taxes as a means of putting downward pressure on expenditure, I would like to point out that in the period since 2002, voted expenditure has grown by an average of nearly 8% per year and furthermore in each of the years 2002 to 2006, voted departmental expenditure recorded savings on the original Budget allocation. This indicates that expenditure allocations have been more than adequate in meeting Department's spending requirements.

Financial Services Regulation.

Róisín Shortall

Question:

151 Ms Shortall asked the Minister for Finance when the proposed changes to the regulation of money lenders will be introduced by the Financial Services Regulatory Authority; the powers the authority will have to deal with moneylenders that do not comply with the new regulations; and if he will make a statement on the matter. [3884/07]

Currently licensed moneylenders are covered by a range of provisions under the Consumer Credit Act 1995 which include the following:

An annual application process;

Requirements relating to the content of moneylending agreements and repayment books which include information relating to the Annual Percentage Rate (APR), cost of credit and collection charges;

Requirements regarding matters that arise during the currency of the agreements e.g. certain collection times, ban on top up loans, prohibition on charges for expenses on loans by moneylenders, prohibition on selling goods while making an advancement to consumers, on increased charges for credit on default etc.; and

Requirements regarding matters arising on default and termination, e.g. the consumer is entitled to a reduction in cost of credit if they redeem their loan early.

Licensed moneylenders are also subject to an Interim Code of Practice, which sets out a number of general principles that must be complied with such as acting fairly, with due skill and care, with appropriate resources and making adequate disclosure of all relevant information.

The Financial Regulator recently conducted a review of the licensed moneylending industry in the Republic of Ireland. The purpose of the review was to gain a greater understanding of the industry and to determine whether it is appropriate, necessary and reasonable to change current regulatory policies. It is intended that this review will be published in the near future.

Tax Code.

Pat Rabbitte

Question:

152 Mr. Rabbitte asked the Minister for Finance his views on reports by the Institute of Taxation that PAYE workers could be owed up to €1 billion in unclaimed tax relief and that about 40% of PAYE workers are unaware of their tax relief entitlements; if there are proposals to conduct an information campaign regarding claiming tax relief of the same size as the advertisement campaign conducted every year regarding making tax returns; and if he will make a statement on the matter. [3878/07]

I assume that the Deputy is referring in his question to certain statements made by officers of the Irish Taxation Institute before the Joint Committee on Finance and the Public Service on 17 January 2007: for example, during the course of those proceedings an officer of the ITI said that "we could be talking about a figure of up to €1 billion in unclaimed expenses".

I am not aware of the data or analysis upon which this estimate of €1 billion was based, or the claim that 40% of PAYE taxpayers are unaware of their tax relief entitlements. They appear to be largely a matter of conjecture.

The reality is that the vast majority of PAYE workers receive their full entitlements each year. These entitlements are, in the first instance, reflected in the Tax Credit Certificates issued to all employees at the beginning of each year. These certificates reflect the most up-to-date information Revenue has on an individual and they are accompanied by a leaflet giving details of the credits/reliefs to which taxpayers may be entitled. Taxpayers are encouraged to contact Revenue, or to make a self-service claim, if there are any omissions or errors on the certificate.

Where circumstances change in the middle of the tax year, for example, a marriage or a change of job, the employee will normally contact Revenue and arrange for a new tax credit certificate to issue. Many PAYE taxpayers wait until after the end of the tax year to claim due reliefs (for example medical expenses relief) or request balancing statements. The increasing volume of year-end claims in recent years indicates a growing awareness among PAYE taxpayers as to their entitlements.

From time to time Revenue runs public information campaigns in relation to both entitlements and the easiest ways to make a claim. For example, in 2006 the Revenue Chairman wrote to every person on the PAYE tax record telling them about the new on-line and other self-service options for employees. During August and September Revenue launched a nationwide campaign to encourage take-up of health-type reliefs, the bin charge credit and rent relief. The response to this campaign was encouraging and I am advised that Revenue will be running something similar again in 2007.

I should also mention in this connection that, as announced in the Budget, starting in 2007 credit institutions will be allowed to operate DIRT-free accounts for the over 65's and incapacitated persons; and all age-related credits and credit for trade union subscriptions will be given as far as possible automatically. Revenue are also looking at making arrangements so that the non reimbursed amounts paid on prescribed drugs under the drugs refund scheme can be automatically refunded at the person's marginal rate of tax. And for 2008, the plan is to move to giving automatic repayments in respect of certain hospital and other medical expenses. Other automatic relief options (such as in respect of nursing home payments) are also being explored.

Thomas P. Broughan

Question:

153 Mr. Broughan asked the Minister for Finance if there are proposals to speed up the process for appealing tax bills after reports that it can take up to six years for an appeal to be processed; and if he will make a statement on the matter. [3886/07]

The Deputy will be aware that a taxpayer who is dissatisfied with a decision or assessment of the Revenue Commissioners has a right under tax law to appeal the decision or assessment to the Appeal Commissioners. This must be done within a limited period, which in the case of income tax, for instance, is 30 days. The Appeal Commissioners are appointed by the Minister for Finance under section 850 of the Taxes Consolidation Act 1997 and are independent of the Office of the Revenue Commissioners.

The responsibility for the management of tax appeals is shared between the Revenue Commissioners and the Appeals Commissioners. The full appeal process has a number of stages. I am informed by the Revenue Commissioners that Revenue practice is that cases that have been appealed are sent on to an appeal hearing only after every reasonable effort has been made to settle the case by negotiation without conceding any important point of principle. More important appeal cases are overseen by an Appeals Committee within Revenue to ensure a certain quality and standard in the cases taken and to ensure a consistent approach to the selection of cases for the higher courts.

I am further informed by the Revenue Commissioners that the length of time taken to process an appeal case in Revenue and bring it to the Appeal Commissioners is determined by the nature of the case rather than any general delays in dealing with the case in Revenue. Finalising a case for submission to the Appeal Commissioners is not just a matter for Revenue as the taxpayer is also centrally involved, both in providing information and in agreeing the grounds for appeal. There is also the point that in many cases, estimated assessments are raised and appealed while an audit is ongoing, usually in the absence of progress on the audit or where a fundamental difference appears that is unlikely to be resolved by agreement. The raising of an assessment may prompt further negotiations or submissions of outstanding material. By their nature such cases are difficult and take time to bring to a stage where they are ready for submission to the Appeal Commissioners. The taxpayer can at any stage appeal directly to the Appeal Commissioners if he or she feels that there is an undue delay within the Revenue Commissioners. Complaints in relation to delays are very rare.

The Deputy may be aware that the management of tax appeals was examined by the C&AG and included in his 2006 report. In a random sample of cases it was found that the time taken between receipt of the appeal in the Revenue Commissioners and referral to the Appeal Commissioners generally varied from less than 1 month to 27 months. In one case, the time taken was 79 months but this case was held up pending the outcome of other cases. I am informed by the Revenue Commissioners that cases under appeal are closely monitored to ensure that there is no undue delay in finalising such cases.

Where a taxpayer remains dissatisfied following a decision of the Appeal Commissioners he or she may request a complete rehearing of the case in the Circuit Court. With the exception of cases involving capital acquisition tax and excise duty, this option is not open to Revenue. A point of law arising from a decision of the Appeal Commissioners may be referred to the High Court or the Supreme Court, if necessary, by way of case stated at the request of either party to an appeal.

Brendan Howlin

Question:

154 Mr. Howlin asked the Minister for Finance the position in relation to the clawback provisions in respect of stamp duty; the number of occasions the clawback has been exercised; the number of properties in relation to same; the amount of stamp duty involved; the reason for the clawback being applied; if the Financial Regulator has issued guidelines to financial institutions regarding advising buyers of this potential clawback; and if he will make a statement on the matter. [3866/07]

I am informed by the Revenue Commissioners that between 4 April 2006 and 1 February 2007 there were 537 instances where various stamp duty reliefs which had been granted were clawed back. The total yield from the clawbacks amounted to €4,262,466. Generally each clawback referred to only one property. The clawbacks were in respect of 5 reliefs as follows:

Farm Consolidation, Section 81B Stamp Duties Consolidation Act (SDCA) 1999: 1 case — yield €1,050. The relief is given to full time farmers who exchange land in order to consolidate their farms. The relief is clawed back if the land or part of the land is disposed of within 5 years from the date of execution of the deed of transfer. The relief is in the form of zero rate of stamp duty where the lands exchanged are of equal value.

Young Trained Farmer, Section 81 SDCA 1999: 12 cases — yield €64,696. The relief is given to persons who at the date of execution of the deed have attained certain agricultural and educational standards or who subsequently attain such standards. This relief was clawed back as the lands or part of the lands the subject of the relief were disposed of within 5 years from the date of execution of the instrument without the proceeds from the disposal being used in acquiring other lands within a period of one year of the date of the disposal. The relief is in the form of a zero rate of stamp duty.

New dwelling house/apartment with floor area certificate, Section 91 SDCA 1999: 350 cases — yield €2,928,349. This relief is granted where the property has a floor area of less than 125 square metres, is occupied by the purchaser or by some person in right of the purchaser and is clawed back if the purchaser is in receipt of rent from the dwelling house/apartment other than rent received under the rent-a-room scheme within 5 years of the date of execution of deed. The relief is in the form of a zero rate of stamp duty.

New dwelling house/apartment with no floor area certificate, Section 92 SDCA 1999: 57 cases — yield €476,788. The relief is granted where the property has a floor area of greater than 125 square metres, is occupied by the purchaser or by some person in right of the purchaser and is clawed back if the purchaser is in receipt of any rent from the dwelling house/apartment other than rent received under the rent-a-room scheme within 5 years of the date of execution of the deed. The relief is applied by charging duty only on the value of the site or one quarter of the total value of the site plus building agreement, less VAT, whichever figure is the greater or on one quarter of the total consideration, less VAT where a completed house is being purchased.

First-time purchaser, Section 92B SDCA 1999: 117 cases — Yield €791,583. This relief is granted where the purchaser or purchasers at the date of execution of the deed had not individually or jointly with any other person, or persons, previously purchased another dwelling house or apartment or part of another dwelling house or apartment. The relief is granted to owner occupiers or where the property is occupied by some person in right of the purchaser and is clawed back if the purchaser is in receipt of any rent from the dwelling house/apartment other than rent under the rent-a-room scheme within 5 years of the date of execution of the deed.

I am not aware that the Financial Regulator has issued guidelines in this matter but this would be primarily an issue for the solicitors acting for the individuals concerned, who I would expect, would advise their clients of the appropriate legal requirements and exposures in this context.

Michael D. Higgins

Question:

155 Mr. M. Higgins asked the Minister for Finance the number of stud farms or operations which completed returns in relations to earnings and so on in respect of stallions; the final number of returns made in this respect; the average, the highest, and the lowest income and profit for tax purposes reported; and if he will make a statement on the matter. [3891/07]

The relevant information available is based on returns by individuals and companies of tax exempt income arising from stallion stud fees for the tax year 2004.

I am advised by the Revenue Commissioners that the number of such returns was 129 with the average exempt income reported at €222,119 and the lowest at €245. There were 8 returns of stallion stud fees in excess of €1 million. Data is available only on gross, not net, income in the returns. Such income will now be subject to tax from 31 July 2008 and stallion income was included in the horizontal measure in Finance Act 2006 on minimum tax rates.

Proposed Legislation.

Simon Coveney

Question:

156 Mr. Coveney asked the Minister for Finance his plans to amend the Credit Union Act and regulations which have hampered their development. [4129/07]

The Credit Union Act, 1997 provides the legal framework for the regulation of credit unions. The Act was designed to provide the credit union movement with a regulatory structure that reflects and promotes the particular ethos and philosophy of the credit union movement, its strong tradition of volunteer service and the core objective of providing opportunities for saving and lending for members of credit unions.

The approach to regulation embodied in the Credit Union, 1997 Act has served the credit union movement well by providing clarity and certainty to individual credit unions, their Directors and members. It has helped support the continued stability of the credit union movement and safeguard the members' savings during a period of rapid growth. As Minister for Finance, my role is to ensure that the legal framework for credit unions continues to be appropriate for the effective operation and supervision of credit unions. In this context, there have been a number of developments over the last 12 months.

Earlier this week I published the Report of the Review Group on longer-term lending limits as provided for by section 35 of the Credit Union Act 1997. The Report recommends that Section 35 lending limits should be increased for loans over five years from 20% to 40% and over ten years from 10% to 15%, for those credit unions approved by the Registrar of Credit Unions as having the necessary controls and safeguards in place and satisfying financial criteria in relation to arrears and reserves. The legislative changes necessary to implement the report will be introduced in the coming months.

I have also introduced regulations to increase the amount of money that members can deposit with a credit union, as well as increasing the limits that a person can hold between deposits and shares. In addition, I have increased the limits in relation to nomination of property in a credit union and provision for small payments on death. Furthermore, following consultations with the representative bodies of credit unions and drawing on the advice of the Credit Union Advisory Committee — the statutory expert advisory body on credit union matters — in October of last year the Registrar of Credit Unions issued guidelines on a revised investment framework for prudent and responsible investment by credit unions.

As the Deputy may be aware the case for modernising the regulatory framework for credit unions has been raised by both the Registrar of Credit Unions and the representative bodies for credit unions. It is important that there is a clear shared understanding on how a new regulatory framework would operate, before moving to develop specific proposals. In this context, I wrote to the Chair of the Financial Regulator last year recommending that the Financial Regulator engages with the credit union movement, in the first instance, to identify common ground in relation to a set of principles that could guide the development of an updated regulatory framework for credit unions. The Chair of the Financial Regulator has indicated the Authority's willingness to move forward on this basis, and I understand that the Registrar of Credit Unions has arranged consultations with the Irish League of Credit Unions and the Credit Union Development Association on this issue.

Finally, it should be noted that the Registrar of Credit Unions at my request is actively examining proposals for reform of the Irish League of Credit Unions Savings Protection Scheme for credit unions. My Department understands that a schedule of meetings and a work programme has been agreed with a view to concluding this process at an early date.

Decentralisation Programme.

John Gormley

Question:

157 Mr. Gormley asked the Minister for Finance the specific circumstances under which surplus civil servants unwilling to move to new locations under the decentralisation programme will be subsequently rehired. [4076/07]

Emmet Stagg

Question:

167 Mr. Stagg asked the Minister for Finance the latest estimate of the number of civil or public servants, who do not wish to relocate, who will be surplus to requirements as a result of their jobs being transferred to other locations under the Government’s decentralisation programme; the jobs that will be provided for these personnel; and if he will make a statement on the matter. [3898/07]

I propose to take Questions Nos. 157 and 167 together.

From the outset both the Government and I have made it clear that participation in the decentralisation programme is voluntary. Across the public service, recruitment and promotion practices generally are being managed in a way which facilitates the achievement of the Decentralisation Programme in an efficient manner and in that context agreement has been reached with the Civil Service unions representing general service staff that an assignment will not be made to a decentralising post until alternative arrangements have been identified for an existing post holder who does not wish to decentralise with it.

Because of the nature of the programme it is not possible at this stage to estimate the precise number of public servants who do not wish to relocate as individual circumstances are open to change and therefore figures can fluctuate. The picture will become clearer over the coming period as staff are assigned to decentralising organisations.

The primary mechanism for placing Civil Servants who are in posts which are due to decentralise but wish to remain in Dublin is by way of bilateral transfer. As staff who have applied to decentralise continue to be transferred into decentralising organisations, the posts they vacate become available to those wishing to remain in Dublin.

Further arrangements have been initiated for general service grades. The objective of these arrangements is to provide to the Public Appointments Service details of staff who wish to remain in Dublin at each grade level so that a proportion of vacancies arising in Dublin based posts may be filled by those staff. It is intended that the arrangements will continue over the full transition phase of the Programme.

My department is monitoring these arrangements in co-operation with Departments and the relevant unions to ensure that they are operating efficiently and that there is a close alignment between the assignment of staff to decentralising posts and the readiness of Departments to release staff at particular grade levels.

Discussions are ongoing with the unions representing professional & technical staff in the Civil Service on this issue. The position in relation to the State Agencies is of course more complex and further complicated by the absence of any tradition of or agreement on inter-changeability between Public Service organisations and between the Public Service and the Civil Service. Little progress has been made to date in advancing agreement between management and trade unions on the issues involved. It is my strong view that they can only be resolved through dialogue and negotiations and my Department is pursuing directly with ICTU proposals for getting central discussions underway on the full range of industrial relations issues relating to the decentralisation of State agencies.

National Development Plan.

Willie Penrose

Question:

158 Mr. Penrose asked the Minister for Finance the penalties and actions that will be taken should a progress report on an National Development Plan 2007 to 2013 project submitted to a management committee of a Department or agency indicate that the project is not complying with the value for money framework, is not achieving targets and is running over cost; and if he will make a statement on the matter. [3876/07]

Chapter 12 of the NDP 2007-2013 sets out a strong Value for Money framework for expenditure under the Plan. This includes the requirement for progress reports on projects to the management of implementing Departments and Agencies. It will be a matter in the first instance for these bodies to take whatever action is necessary if the circumstances outlined in the Deputy's Question pertain. In this regard, my Department's Capital Appraisal Guidelines sets out guidance as to the steps to be taken at appraisal and implementation stage if and when the circumstances outlined in the Question arise.

More generally, Departments and Agencies are required to carry out spot checks on compliance with the Value for Money framework and submit the findings to my Department. These Reports will be examined by the recently established Central Expenditure Evaluation Unit of my Department. This Unit may also carry out checks on its own initiative. My Department, in consultation with implementing Departments and subject as appropriate to Ministerial and Government approval, will consider what action if any might be warranted on foot of this scrutiny process.

Exchequer Revenue.

Bernard Allen

Question:

159 Mr. Allen asked the Minister for Finance his views on the heavy reliance of the Exchequer on revenue from the housing sector; and if he will make a statement on the matter. [4124/07]

Activity in the housing sector impacts primarily on VAT, Stamp duty and Capital gains tax. Housing market activity also impacts on Income tax and PRSI receipts and Corporation tax from construction sector company profits.

While revenues from housing market activity such as Stamp duty and Capital gains tax have made an increasing contribution to the Exchequer in recent years, we are not overly reliant on receipts from these sources. For example, taken together the Stamp duty and Capital Gains tax tax-heads are forecast to contribute just under 15 per cent of total targeted tax revenues in 2007 and it is worth noting that a significant proportion of receipts from these tax-heads come from sources other than residential property.

In contrast the 4 main tax-heads — VAT, Income tax, Corporation tax and Excise are forecast to account for 84 per cent of tax receipts this year, even allowing for the lower than usual corporation tax forecast which is due to the cash-flow reduction arising from the ending of the transitional payment arrangements.

Care has been taken not to plan the public finances around an assumption that receipts from Stamp duty and Capital gains tax will continue to grow in future years as they have in the recent past. This is a prudent and sensible approach to take and it has been endorsed by the IMF and other commentators.

Fiscal Policy.

Pat Breen

Question:

160 Mr. P. Breen asked the Minister for Finance if he has assessed the implication of the Central Bank’s Financial Stability Report for Government policy; and if he will make a statement on the matter. [4126/07]

Martin Ferris

Question:

204 Mr. Ferris asked the Minister for Finance his views on the fact that according to the Central Bank, in its Financial Stability Report 2006, personal indebtedness has reached record levels; and if he will make a statement on the matter. [4052/07]

I propose to take Questions Nos. 160 and 204 together.

I welcome the publication by the Central Bank of its Financial Stability Report 2006 which reflects the Bank's mandate to contribute to the stability of the financial system in Ireland. I note the Report's main conclusion that Ireland's financial system continues to be in a good state of health. The Bank's central expectation, based on an assessment of the risks facing borrowers, the financial position of the banking sector as well as the results of recent stress testing of the system, is that the current shock-absorption capacity of the banking system leaves it well placed to withstand possible pressures.

The Bank's Report identifies vulnerabilities facing the financial system, including those arising from credit growth and house price inflation. As the Deputy will be aware, within the implementation of the overall legislative framework, private sector credit growth and debt levels are, in the first instance, a matter for the Central Bank and Financial Services Authority of Ireland. While the strong increase in borrowing is a sign of a healthy economy and a positive economic outlook on the part of borrowers, I fully support the vigilance of the Central Bank and the Financial Regulator on the issue of personal credit and mortgage debt and in reminding both borrowers and lenders of the need for responsible behaviour. Recent indicators point to continued moderation in house price inflation in line with increased housing supply and higher ECB interest rates. The consensus among commentators is for this trend to continue, resulting in a gradual cooling and soft landing for property prices in Ireland. The Central Bank's report shares the view that this is the most likely outcome.

The Government, for its part, will continue to contribute to economic and financial stability by pursuing a prudent fiscal policy. In terms of the general economic implications of the rise in house prices and the associated increase in indebtedness in recent years highlighted in the Report, both borrowers and lenders need to be aware that interest rates are currently still low by historic standards. The Central Bank has highlighted the need for borrowers and lenders to factor into their financial decision-making the prospective impact of potential changes in the future economic and financial environment, including the impact of higher interest rates.

Moreover, the Report makes the point that a shock to the economy which affected employment and earnings growth could affect the ability of borrowers to service their debt. As Ireland is a small and very open economy, and hence vulnerable to changes in the global environment, this highlights the need to retain and indeed improve our international cost competitiveness. It also illustrates the need for responsible budgetary policy in order to provide room for manoeuvre in the event of any sharp slowdown in economic growth.

As far as safeguarding the interests of the individual borrower is concerned, the role of Government is to provide an appropriate legislative framework for the regulation of the financial sector — one that is both comprehensive and robust. With the establishment of the Financial Regulator and the Financial Services Ombudsman, such a framework is now in place. Under the Financial Regulator's Consumer Protection Codes, mortgage lending institutions are obliged to act in their customers' best interests. The Financial Regulator has launched a number of specific initiatives to inform consumers in making the best choice of mortgage product for their needs. There are also specific legal obligations under the Consumer Credit Act regarding the information that must be provided to borrowers about their housing loans. The Financial Regulator earlier in the year introduced a technical prudential measure requiring financial institutions to put more capital aside for certain categories of loans. This reinforces the message consistently conveyed to lending institutions by the Financial Regulator that mortgage lending policies and practices should be prudent and responsible. My overall view is that the Report, with its main conclusion and its assessment of risks, makes a valuable contribution to the assessment and maintenance of financial stability in our economy.

National Development Plan.

Ciarán Cuffe

Question:

161 Mr. Cuffe asked the Minister for Finance if consideration has been given to the prioritisation of projects in the National Development Plan in the event of a change in economic conditions; and the way that would affect interdependencies between programmes and projects. [4075/07]

The level of investment set out in the National Development Plan 2007-2013 has been formulated using realistic macroeconomic projections and on the basis of a prudent approach to budgetary policy. This approach should not add to inflationary pressures and should leave flexibility for budgetary manoeuvre in the event of an economic slowdown. In this scenario, further consideration of public expenditure priorities, including those covered by the NDP, may be required. I would, however, stress that the Government is committed to both the aggregate and sectoral composition of investment under the Plan and is confident that, through good management of the economy, it will deliver the necessary resources to fund the investment.

Tax Code.

Brendan Howlin

Question:

162 Mr. Howlin asked the Minister for Finance the impact of individualisation on a married couple with one earner, a married couple with 2 earners and a separated couple where both are earning; the difference in allowance and credits for each of the years since the introduction of individualisation; and if he will make a statement on the matter. [3900/07]

There is a difference in tax liability which arises from the different standard rate bands which apply to single individuals, married one-earner couples and married two-earner couples. For 2007, the maximum potential difference between a married one-earner couple and a married two-earner couple is €5,250 (€25,000 @ 21%).

To the extent that a difference in tax liability arises between a married one-earner couple and a married two-earner couple from the different bands which apply, it must be borne in mind that there are costs associated with earning an income, such as travel and childcare costs. Such costs are likely to be greater if two persons rather that one person work outside the home to earn the same gross income.

Married couples may still benefit from double personal tax credits. The married tax credit has the same value for couples whether they are one-earner or two-earner. The employee (PAYE) credit is only available to employees and not to others so it is not doubled up in the case of married one-earner couples. However, this has always been the position since the credit was introduced as an allowance in 1979. It should also be noted, however, that married one-earner couples, one of whom cares for a dependent person, e.g. a child of the couple, may benefit from entitlement to the home carer tax credit, currently €770 per annum, which is not available to married two-earner couples where the second earner has income in excess of €6,620 per annum.

In relation to separated spouses, such persons may receive different tax treatment depending on the nature of their post-separation arrangements. Where legally enforceable maintenance arrangements apply, the general position is that:

the spouse who pays the maintenance is entitled to a tax deduction for payments made for the benefit of the other spouse,

the maintenance payments are taxed in the hands of the receiving spouse,

the couple are treated for tax purposes as if unmarried.

In effect the maintenance payment is treated for tax purposes as if it was the income of the recipient and not the payer. However, a separated couple may (except where a civil annulment has been obtained) jointly elect to be treated for tax purposes as if the separation had not taken place (provided they are both resident in the State and, if divorced, neither have remarried). When such an election is made, then the maintenance payments are ignored for tax purposes. The payer does not receive a tax deduction for them and the receiving spouse is not taxable on them.

In the case of non-legally binding maintenance payments, such payments are not taxable in the hands of the receiving spouse and the paying spouse cannot claim a tax deduction for them. Accordingly, separated spouses may be treated for tax purposes as single persons or may continue to be treated as married in certain circumstances. Thus, individualised tax bands may or may not have relevance to a couple who have separated. Where they do have an impact, such impact is the same as would have applied before the separation occurred.

Question No. 163 answered with QuestionNo. 148.

Exchequer Revenue.

Breeda Moynihan-Cronin

Question:

164 Ms B. Moynihan-Cronin asked the Minister for Finance if he will comment on the Exchequer return for the first month of 2007. [3893/07]

As the Deputy may be aware, the monthly Exchequer Returns are available on my Department's website, as are my Department's tax receipts, expenditure and debt service profiles for 2007.

The results for the first month of 2007 confirm the continuing sound position of public finances. The Exchequer Balance to end-January showed a surplus of €1,691 million compared to a surplus of €1,302 million for the same period last year and a budgeted deficit of €546 million for 2007 as a whole.

Exchequer tax receipts to end-January are, at €4,745 million, €55 million or 1.2% above profile. They are up 12.2% on the same period last year. This compares with a Budget day target of an increase of 7.8% for 2007 as a whole. The main excesses over profile were corporation tax (€54 m), VAT (€44 m), stamp duties (€34 m) and capital taxes (€24 m) but these have been balanced by income tax receipts which are €166 million below profile.

Overall issues for net voted expenditure for January 2007 were 1.9% or €67 million above the profiles, which were published last week. Net voted capital expenditure at end January was €10 million higher and net voted current expenditure was €57 million higher. This was mainly due to a significant payment of €41 million from the International Co-operation Vote which was made in January but profiled for February.

Capital Projects.

Seán Ryan

Question:

165 Mr. S. Ryan asked the Minister for Finance the size a project must be to qualify as a major project worthy of a project manager; the Civil Service level of salary that will be provided for project managers of major projects; the number of the planned projects that are estimated to be of the required size and will require the appointment of a project manager; and if he will make a statement on the matter. [3875/07]

My Department's Capital Appraisal Guidelines of February 2005, as amended by Circular Letter of 25 January 2006 on Value for Money, provide for an individual to be appointed as project manager for each capital project. The guidelines specify that a senior official should be appointed as project manager for capital projects above €30 million, including at management committee level, where appropriate, but do not specify a particular salary level or grade.

It is a matter for each project implementing Department or Agency to determine who should be appointed project manager in each individual case in the light of the foregoing requirements having regard to the scale, complexity and cost of each project. The choice of project manager by the Department or Agency will determine the grade and salary which will apply.

It is not possible for my Department to estimate the number of projects likely to be in excess of the threshold of €30 million. This will depend on the project level composition of the capital programmes of the many Departments and Agencies affected by the requirement.

Financial Services Regulation.

Seán Crowe

Question:

166 Mr. Crowe asked the Minister for Finance his views on legislating for the right to a bank account, as has been done in other States, enabling people without a bank account to open an account at a financial institution of their choice. [4053/07]

The banking industry has proposed the development of a universal bank account which would provide basic access to the Irish payments system enabling citizens to make and receive payments electronically — whether in the form of salary, benefit or welfare. The Deputy may wish to note that there are a number of issues to be considered in progressing such a proposal such as the fees to be associated, who would have right of access to such an account and also the actual need for such a product.

Additionally, at the National Payments Conference in December 2006, hosted jointly by the Department of the Taoiseach and the Irish Payments Services Organisation, data was presented which suggested that this is a less widespread issue than has been thought hitherto. More detailed study is therefore necessary in advance of the formulation of any policy initiative in this area.

It must also be remembered that the credit union movement has been a key provider of savings and loans since its inception and has a particular role to play in supporting savings by persons on low incomes. There are currently 427 credit unions registered with the Financial Regulator with around 2.5 million members and assets of around €13 billion. Since 1995 credit unions have grown significantly with an increase in savings from €2 billion to around €13 billion.

My responsibility as Minister for Finance is to bring forward proposals for a legislative framework for the regulation of the financial services sector from a prudential, systemic and consumer protection perspective. In general the operational responsibility for implementation of that framework lies with the Financial Regulator. As far as I am aware the legislative and regulatory framework provides no obstacle to access. There are 7,000 or so financial services providers authorised by the Financial Regulator and the range and scope of the services they provide is primarily a commercial decision in which neither the Financial Regulator nor I have any operational role.

As part of its consumer mandate the Financial Regulator has taken a number of specific initiatives to help consumers in the framework of the Financial Regulator's "It's Your Money" campaign. These have involved publishing consumer guides and cost surveys on credit and other financial products, and fact sheets, including a fact sheet entitled "How to Open a Bank or Building Society Account" all of which are intended to assist consumers in making the most appropriate financial decisions. The Financial Regulator has commissioned independent research into this matter with a view to further possible initiatives or policy proposals to address any problems identified. This research includes the report entitled ‘Financial Exclusion in Ireland — An Exploratory Study and Policy Review' which was launched by the Financial Regulator on 11 December 2006. The Financial Regulator has also included in its Consumer Protection Code a requirement that any measures adopted in relation to identification of customers should not deny a person access to financial services solely on the grounds that they do not possess certain specified identification documentation.

Question No. 167 answered with QuestionNo. 157.

Tax Code.

Tom Hayes

Question:

168 Mr. Hayes asked the Minister for Finance if he has studied proposals for tax reform to ease the operation of charities; and his views on proposals for VAT compensation, threshold for donation relief and duty relief on banking cards. [4141/07]

On the issue of the threshold for donations relief, amending the scheme to increase the tax relief available could significantly increase the current cost of the scheme to the Exchequer. The relief is already very generous. There is no upper limit on the amount which can be donated generally and relief is granted at the donor's marginal rate of income tax. Donations can be cumulative, so that, for example, a donation of just €5 per week over the course of a year would qualify. The donations scheme was one of the tax reliefs examined as part of last year's overall review of tax reliefs and exemptions. The review concluded that the €250 minimum threshold is serving its purpose and should be retained at its current level, subject to ongoing review. I agree with that conclusion.

In relation to VAT compensation for charities and non-profit organisations, the position is that charities and non-profit groups engaged in non-commercial activity are exempt from VAT under the EU VAT Directive, with which Irish VAT law must comply. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they purchase. Essentially only VAT registered businesses which charge VAT are able to recover VAT.

I understand that the Irish Charities Tax Reform Group (ICTRG) accepts that charities cannot be granted VAT refunds through the tax system. However, they are seeking the introduction of a grant or subsidy in lieu of the VAT charities pay on their business inputs and estimate that this would cost the Exchequer €18 million per annum. In this regard, the 140 bodies represented by the ICTRG already acknowledge that they receive €8.6 million in funding either directly or indirectly from the Exchequer.

The Revenue Commissioners have advised that there are approximately 7,000 charities registered with them. It is therefore likely that the introduction of a scheme along the lines proposed by the ICTRG would cost the Exchequer significantly more than the €18 million they have estimated. The introduction of a grant in lieu of VAT paid by registered charities would undoubtedly lead to other exempt bodies such as schools, hospitals and sporting organisations, many of which are already registered as charities, seeking to benefit from such a system. These are in most cases already receiving considerable Exchequer funding.

Finally, with regard to duty relief on banking cards, I assume the Deputy is referring to the proposal to introduce a donation scheme in relation to the stamp duty paid on such cards. I have no plans to introduce a scheme along the lines proposed. In line with normal practice, stamp duty revenues are applied by the Exchequer for the common good, as determined by the Oireachtas. Earmarking particular taxes reduces the discretion of Government and the Oireachtas in determining the priority areas in which public money should be spent.

Performance Indicators.

Michael Noonan

Question:

169 Mr. Noonan asked the Minister for Finance if any Department failed the end of 2005 deadline for the development of performance indicators set out in his Department’s recent report on a new system of business planning and performance measurement; and if all Departments have now done so. [4165/07]

As I indicated in my reply to PQ 33214/06 of 18th October last and PQ 39176/06 of 22nd November last, I presume that the Deputy is referring to my Department's Report of the Pilot Project on Resource Allocation, Business Planning and Performance Measurement of August, 2005. The conclusions and recommendations of this report informed Government thinking on reform of the Estimates and Budget process signalled in Budget 2005 and announced in Budget 2006. The report's recommendations, including those in relation to the development of performance indicators, were subsumed by the Government's reforms announced by me in Budget 2006.

As part of the reforms Ministers are required to present an annual output statement in tandem with their Estimates commencing in 2007 to assist the Select Committees with their consideration of the Estimates. The annual output statements for 2007 will set out performance output targets by programme area linked to the high level goals in Departments' strategy statements and, for 2008 onwards, will set out actual outturns against the previous year's output targets and new targets for the year under consideration. I understand from all Departments that their first Annual Output Statements will be available for consideration in tandem with their 2007 Revised Estimates.

Special Savings Incentive Scheme.

Joe Sherlock

Question:

170 Mr. Sherlock asked the Minister for Finance the amount paid out to date on mature SSIA accounts with a monthly breakdown since payments began; the estimated payments for the next 12 months; and if he will make a statement on the matter. [3899/07]

I am informed by the Revenue Commissioners that the information requested of amounts paid out to date with a monthly breakdown on mature SSIA accounts is not available at the moment. Financial Institutions will, as part of their normal annual return provide some data but it will be later this year before Revenue's analysis of that data is available.

The Deputy will be aware that the SSIA scheme will come to an end in May 2007 and it is estimated that the pay out to SSIA account holders maturing in the next three months will be in the region of €9 billion. The payout will include original investment and top up, after deduction of maturity tax. The estimated payout for the scheme as a whole is likely to be in the region of €15 billion.

Departmental Expenditure.

Emmet Stagg

Question:

171 Mr. Stagg asked the Minister for Finance the evaluations of public spending programmes which his Department has undertaken during the past 12 months; and if he will make a statement on the matter. [3902/07]

As regards formal evaluations provided for from my Department's vote, my Department has, in the last 12 months, completed and published three reviews under the Value for Money (VFM) and Policy Review Initiative. These were reviews of the Grants-in-Aid to the Economic and Social Research Council (ESRI) and the Institute of Public Administration, and of the Information Society Fund. In the last 12 months work has also commenced on VFM reviews of the Grant-in-Aid to Ordnance Survey Ireland, of the civil service child-care initiative and of procurement management reform.

In the preparation of the National Development Plan 2007-2013 my Department commissioned an ex-ante evaluation of the investment priorities for the National Development Plan; this was published by the ESRI in October of 2006. Finally, the National Development Plan/Community Support Framework (NDP/CSF) evaluation unit of my Department has recently completed and published progress reports on NDP/CSF January 2000-December 2006.

National Development Plan.

Jerry Cowley

Question:

172 Dr. Cowley asked the Minister for Finance the breakdown of the persons responsible for the €3.75 billion underspend in the Border Midland Western region; and if he will make a statement on the matter. [3954/07]

Jerry Cowley

Question:

236 Dr. Cowley asked the Minister for Finance if on the basis of information available to him from monitoring committee reports, including their assessments of continuing spend under the current National Development Plan, he expects that by the end of the programme period in six weeks time, the original forecasts for Exchequer and EU spending in the Border Midlands Western region will have been realised in full in view of the fact that there remains a €3.75 billion under spend with €500 million for roads under spend whilst planned motorways and dual carriageways planned by 2010 makes no mention of the N5/N26, N4, N2/N14 and N3 and only the 20% EU co-funded projects can be financed beyond 2006; and if he will make a statement on the matter. [41167/06]

I propose to take Questions Nos. 172 and 236 together.

Investments under the National Development Plan/Community Support Framework (NDP/ CSF) 2000-2006 are delivered through seven Operational Programmes (OPs) which are directly managed and implemented by Government Departments, the Regional Assemblies and other Agencies as set out in the following table. My main concern is to ensure that the available funds are allocated in a manner that meets the Government's objectives and secures full draw-down of Ireland's entitlement of Structural Funds. In that light I am anxious to ensure that both regions secure the EU and Exchequer funding available to them under the NDP/CSF.

Operational Programme

Managing Authority

Economic and Social Infrastructure OP

Department of Transport

Employment and Human Resources OP

Department of Enterprise, Trade and Employment

Productive Sector OP

Department of Enterprise, Trade and Employment

S&E Regional OP

Southern & Eastern Regional Assembly

BMW Regional OP

Border, Midland & Western Regional Assembly

Peace OP

Special EU Programmes Body

Technical Assistance OP

Department of Finance

Each Operational Programme has a Monitoring Committee which monitors financial and physical output targets and in turn reports to the NDP/CSF Monitoring Committee which is chaired by my Department. This Committee plays an active role in the monitoring of the NDP/CSF and meets at least twice yearly to review progress being made towards achieving objectives and targets. The Committee is made up of a wide partnership of interests, including implementing Departments, the social partners, sectoral interests, and members of local authorities representing the Regional Assemblies.

The House will be aware of the general state of play in relation to expenditure in the BMW region from previous debates and questions on this issue. The figures reported at the recent NDP/CSF Monitoring Committee meeting in December 2006 indicate that some €11.7 billion of Exchequer and EU expenditure has been incurred by the end of June 2006. The original Exchequer and EU forecast for the BMW region for the lifetime of the Plan is €14.5 billion. Accordingly, this is a healthy implementation rate in view of the slow start up in some areas at the very beginning, the relatively disappointing response in certain demand led schemes and the fact that Exchequer spending in relation to Structural Fund Measures for the 2000-2006 period will in fact continue up to 2008 in accordance with EU Regulations.

Based on the most recent information available to me from Monitoring Committee reports including their assessments of continuing spend under the current NDP, I expect that by the end of the programme period in 2008, the forecast for Exchequer and EU spending in the BMW region will be in the region of €14 billion.

Originally profiled Exchequer and EU funds for the BMW region under the National Roads Priority of the Economic and Social Infrastructure Operational Programme is €1.8 billion for the lifetime of the Programme. Expenditure reported to end June 2006 stands at €1.5 billion with a further €300 million estimated to be incurred by the end of the Programme in 2008 bringing expenditure broadly in line with the forecasts. Overall responsibility for the planning and implementation of national roads projects is a matter for the National Roads Authority and the relevant Local Authority.

Tax Yield.

Róisín Shortall

Question:

173 Ms Shortall asked the Minister for Finance the percentage of GNP that the total annual tax revenue was equivalent to for each year from 2002 to date in 2007, broken down into each taxation category; the estimated corresponding figures for the year 2007 broken down into each taxation category; and if he will make a statement on the matter. [3882/07]

The table below provides the details requested by the Deputy. The 2007 figures are calculated by using the Budget 2007 tax revenue and GNP estimates. There are no GNP figures for 2007 available at this time. The 2006 GNP figure, upon which the 2006 figures are based, is an estimated outturn.

VAT

Income Tax

Corporation Tax

Excise Duty

Big 4 Total

Customs

Stamp Duty

CGT

CAT

Overall Total

% of GNP

% of GNP

% of GNP

% of GNP

% of GNP

% of GNP

% of GNP

% of GNP

% of GNP

% of GNP

2002

8.4

8.5

4.5

4.2

25.6

0.1

1.1

0.6

0.1

27.6

2003

8.3

7.8

4.4

3.9

24.4

0.1

1.4

1.2

0.2

27.4

2004

8.6

8.6

4.3

4.0

25.4

0.1

1.7

1.2

0.2

28.6

2005

8.9

8.3

4.0

3.8

25.1

0.2

2.0

1.4

0.2

28.9

2006 (e)

9.0

8.3

4.5

3.8

25.6

0.2

2.5

2.1

0.2

30.6

2007 (e)

9.2

8.4

4.1

3.8

25.5

0.2

2.4

2.1

0.2

30.4

Figures may not add due to rounding of constituent items.

(e) = estimate.

The main reason for the significant growth in the total tax burden over the period is the increasing percentage of GNP accounted for by stamp duty and capital gains tax, due mainly to the strength of the property market in recent years.

National Development Plan.

Ciarán Cuffe

Question:

174 Mr. Cuffe asked the Minister for Finance if there will be individual timeframes published for the implementation of the various components of the National Development Plan. [4074/07]

The text of the Plan already contains specific targets including, completion of the Inter-Urban Motorways by 2010, a range of specific outputs in public transport in line with the Transport 21 timetable, completion of the 2nd terminal at Dublin Airport, commitment to meeting the housing needs of 140,000 households, increasing annual tourist numbers to 10m by 2012 and for renewable energy. In addition, Chapter 3 of the Plan sets out specific interventions by Gateway area to be undertaken over the period of the Plan.

More generally, financial and physical progress under the Plan will be monitored by reference to a reporting template which will be prepared by my Department. I anticipate that this template will encompass some additional timelines for Plan investment implementation in addition to those included in the Plan as published. A Central NDP Monitoring Committee will also be established and there will be an Annual Report to the Oireachtas on Plan progress.

Tax Code.

Olivia Mitchell

Question:

175 Ms O. Mitchell asked the Minister for Finance the Government’s view on the potential for taxation to play a role in promoting energy efficiency and emission reductions. [4160/07]

I have stated previously that taxation can play a part in attaining environment objectives which includes promoting energy efficiency and reducing emissions. Essentially this approach uses the tax system to provide incentives for certain behaviour. Such incentives include capital allowances for corporate investment in renewable energy projects which have been available since 1998, and the significant Biofuels excise relief scheme which I provided for in Finance Act 2006.

This latter Scheme will:

provide for excise relief on up to 163 million litres of biofuels per annum;

cost over €200m over 5 years;

result in CO2 savings of over 250,000 tonnes per annum;

meet a target of 2% transport fuel market penetration by biofuels by 2008;

help reduce our dependency on conventional fossil fuels: and

stimulate activity in the agricultural sector.

As a complementary measure, I provided in Finance Act 2006 for a new 50% VRT relief to promote new flexible fuel vehicles (cars designed to operate on biofuels) for an initial period of 2 years, and also extended the existing VRT relief for hybrid cars by a further year to end 2007. I also announced in this year's Budget the introduction of a VRT relief of 50% for electric cars — cars which can be propelled by a rechargeable battery — on a pilot one year basis with effect from 1 January, 2007.

In addition I announced in the Budget the commencement of a public consultation process on adjusting VRT to take account of CO2 emissions of vehicles. A similar exercise is under way in the area of motor tax. Any changes will have effect from a target date of 1 January 2008.

Liz McManus

Question:

176 Ms McManus asked the Minister for Finance his views on the fact that families who have to avail of agency nurses are liable to pay VAT on these services; and if he will make a statement on the matter. [41462/06]

I should explain that the supply of a nursing service by a qualified nurse comes within the remit of the First Schedule of the VAT Act 1972. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services on their inputs. In order to qualify for exemption the person must be supplying "professional services of a medical nature in the course or furtherance of business". However, under EU VAT rules the supply of agency staff, for whatever reason, is fully chargeable to VAT at the standard rate of 21% as a service supplied by an employment agency.

Garda Stations.

Jimmy Deenihan

Question:

177 Mr. Deenihan asked the Minister for Finance if the sketch scheme has been completed by the Office of Public Works for the Garda area headquarters in Castleisland; when the project will proceed to planning permission; and if he will make a statement on the matter. [42052/06]

A sketch scheme for the new Garda Area Headquarters was recently sent to the Department of Justice, Equality and Law Reform and the Garda Authorities. On receipt of approval of the sketch scheme a Part 9 planning process will be initiated.

Airport Customs Controls.

Eamon Gilmore

Question:

178 Mr. Gilmore asked the Minister for Finance if he will report on the progress of the review of the Revenue Commissioners of customs and immigration controls at private airports; when a report will be published; and if he will make a statement on the matter. [3885/07]

As the Deputy is aware, following a seizure of heroin in Belgium and the related arrest of three Irish nationals last year, the Revenue Commissioners initiated a review of Customs Controls at Licensed Aerodromes. I am informed by the Revenue Commissioners that their review has now been completed. The review examined the controls, the conditions of approval and the risks, from a Customs point of view, attached to the operation of the aerodromes.

It is important to note by way of context that the operating environment for Customs has been shaped to significant degree by the introduction of the Internal Market and the related principles of freedom of movement within the European Union. Of specific relevance are the abolition of routine and systematic Customs checks on goods and passengers moving within any part of the EU and the elimination of Customs controls on the baggage of intra-community passengers other than anti-smuggling checks. In this context, Revenue's approach has of necessity been to balance the freedom of movement principle in regard to people and goods with the need to control smuggling and enforce prohibitions and restrictions.

The Revenue Commissioners have informed me that the key conclusions of the review team are as follows:

The risk based approach being adopted is a sound one, indeed the only appropriate one in the circumstances;

Intelligence and related risk-rating rely on timely information and need to be reviewed regularly;

Ireland's approach is in line with the methodology adopted by other EU administrations in similar circumstances;

The increase in the volume of international air traffic requires a corresponding increase in Revenue activity.

The Revenue Commissioners have also informed me that drawing on the conclusions, they have agreed on recommendations. They have drawn up a wide ranging Implementation Plan covering diverse areas including visits to aerodromes, risk rating, the issue of approvals, guidance for staff, training and deepening of co-operation with other agencies. The Revenue regions are giving the control of smaller aerodromes specific attention in their business plans for 2007.

The Revenue Commissioners assure me that having regard to the context set out above, they are satisfied that their risk based approach remains valid and that, with the implementation of the review recommendations, their operations will be on a par with, and may even exceed, those of many other EU Member States. I am also assured that the Revenue Commissioners continue their strong commitment to playing their part in combating smuggling criminal activity without unduly impeding international travellers or international trade. It will be appreciated that the Revenue Commissioners do not intended publishing the Report of the Review Group, as to do so would, for operational reasons, be counterproductive.

National Development Plan.

Willie Penrose

Question:

179 Mr. Penrose asked the Minister for Finance the carbon costings for each of the proposals of the National Development Plan 2007; and if he will make a statement on the matter. [3865/07]

There is no requirement in place in relation to carbon costing individual investment proposals contained in the National Development Plan or elsewhere. I am informed by the Department of the Environment, Heritage and Local Government that the impact on greenhouse gas emissions of the policies and measures on which investment proposals contained in the National Development Plan are based will be calculated through regular revisions to Ireland's greenhouse gas emissions projections, which, from 2007, will be undertaken on a biennial basis by the Environmental Protection Agency. These projections will include assessments of the impact of relevant policies and measures which have been adopted by the Government or are already under implementation.

The latest projections of greenhouse gas emissions were completed in March 2006 and were prepared for the Government by external consultants, ICF Consulting and Byrne O Cleirigh. They are available to download from the website of the Department of the Environment, Heritage and local Government at www.environ.ie. The National Development Plan takes account of Ireland's commitment to limit emissions of greenhouse gases under the Kyoto Protocol through, inter alia, the proposed quadrupling of investment in public transport and investment in sustainable energy.

Financial Services Regulation.

Bernard J. Durkan

Question:

180 Mr. Durkan asked the Minister for Finance if he is satisfied that technology and procedures available to the banking and financial services sectors are adequate to identify and deter money laundering or theft by electronic means; if his attention has been drawn to national and international concerns in this regard; if he has issued instructions or received reports on the issue; and if he will make a statement on the matter. [4094/07]

Irish legislation on money laundering is set out in the Criminal Justice Act, 1994, as amended. Primary responsibility for legislation in this area rests with the Minister for Justice, Equality and Law Reform. This legislation and relevant regulations made by the Minister for Justice, Equality and Law Reform implemented the EU Money Laundering Directives of 1991 and 2001 in Ireland. The procedures for the prevention of money laundering in the financial system primarily involve the requirement on financial institutions (and other designated bodies) to identify their customers, to have adequate anti-money laundering procedures in place, including staff training, to keep records and to report suspicions of a money laundering offence to the Garda Siochana and to the Revenue Commissioners.

The Financial Regulator requires all institutions which it supervises to comply with the anti-money laundering legislation and relevant sectoral guidance notes, and to have in place the necessary procedures and controls to ensure such compliance. The adequacy of such systems is reviewed by the Financial Regulator in the course of its ongoing supervision of institutions and requirements for improvement are advised to institutions as necessary. Furthermore, in accordance with its legal obligation under Section 57(2) of the Criminal Justice Act, 1994, the Financial Regulator is obliged to make reports to the Garda Siochana and the Revenue Commissioners where in the course of its supervision it suspects that an institution has breached the relevant money laundering provisions of the Criminal Justice Act, 1994.

The Garda Siochana and the Revenue Commissioners regularly receive reports from financial institutions and other designated bodies where they suspect that a money laundering offence is being or has been committed. All such reports are investigated and progressed as appropriate by the relevant authorities.

The Financial Action Task Force on Money Laundering (FATF), the international standard setting body in this area published a report in 2006 on Ireland's systems to combat money laundering and terrorist funding. Ireland is one of a number of countries evaluated to date in the FATF Third Round of Mutual Evaluations. Its overall ratings are comparable to those obtained by the other countries evaluated.

The revised FATF Money Laundering recommendations of 2003 — the standard against which Ireland's compliance was assessed — have been embodied in the 3rd EU Money Laundering Directive which came into force in December 2005 with a transposition deadline of December 2007.

Ireland opted to be evaluated early in the 3rd Round of Mutual Evaluations because this would be of considerable assistance in planning the transposition of the 3rd EU Money Laundering Directive into Irish Law. Many of the FATF recommendations on which Ireland is currently assessed as either partially compliant or non-compliant will be addressed in the transposition into Irish Law of the 3rd EU Money Laundering Directive. These include additional measures in relation to customer due diligence, measures relating to the identification of foreign politically exposed persons, the strengthening of the sanctions for breaches of money laundering rules and the regulation of non-financial entities.

On publication of the FATF report my colleague the Minister for Justice Equality and Law Reform and I jointly undertook to examine the Report's recommendations thoroughly and gave a commitment to further strengthen Ireland's anti-money laundering mechanisms. The process of reviewing and updating the Irish legal framework to meet both our domestic needs and international obligations is under way. As regards theft by electronic means I understand that there are regular contacts between the Garda Siochana and the Banking and Financial Sectors regarding the security of their systems.

National Development Plan.

Mary Upton

Question:

181 Dr. Upton asked the Minister for Finance if his attention has been drawn to the criticism by the ESRI of the National Development Plan 2007 to 2013 that the plan is doomed to repeat the failings of its predecessor and their warning that the construction industry cannot handle the scale of planned development over the next seven years; and if he will make a statement on the matter. [3869/07]

Michael D. Higgins

Question:

191 Mr. M. Higgins asked the Minister for Finance the specific measures he is taking to ensure that cost overruns experienced on previous National Development Plans, for example on the construction of the LUAS and the Port Tunnel, will not be repeated in the NDP 2007 to 2013; and if he will make a statement on the matter. [3871/07]

I propose to take Questions Nos. 181 and 191 together.

The level of capital investment included in the National Development Plan and its sectoral mix was decided by the Government on the basis of its assessment of investment needs. This assessment was particularly informed by the infrastructural deficits which Ireland faces and projections that the population could be in excess of 5m by 2021.

The Government is confident that the construction industry has the capacity to deliver the planned level of investment in a stable price environment. The reality is that the capacity of the industry has expanded greatly in recent years resulting in moderately increasing tender prices notwithstanding continued high levels of activity. In addition, the key implementing agencies such as the RPA and the NRA have also had major resource enhancements in recent years in order to equip them to better manage the major projects they are responsible for under the NDP.

As regards measures to prevent cost overruns, I would refer the Deputy to Chapter 12 of the Plan which sets out a robust Value for Money framework in relation to Plan expenditure. The key elements are:

All projects will be subject to project appraisal to ensure that NDP programme objectives and Value for Money are being achieved;

All capital projects over €30 million will require a full cost benefit analysis in line with the Department of Finance guidelines of February 2005;

An individual will be appointed as project manager to manage and monitor progress on all such major projects;

Progress on capital programmes and projects will be reported regularly to the Management Advisory Committees of all Departments and Boards of all implementing agencies concerned with the programmes and projects;

Departments and Agencies will carry out annual spot checks to ensure compliance with the Value for Money requirements under their capital sanctions and Department of Finance Capital Appraisal Guidelines and report the findings of such spot checks annually to the Department of Finance;

NDP programme evaluations and Value for Money and Policy Reviews will be published and submitted to the relevant Select Committees of the Oireachtas;

As provided for under the Budget and Estimates Reform proposals set out in Budget 2006, all Ministers will submit an Annual Output Statement with their Annual Estimates to the relevant Oireachtas Committee. This will detail target outputs for the Estimates and the following year's Statement will set out achievements against the target; and

Reforms to public procurement to promote cost certainty, Value for Money and cost effective delivery of projects.

I am confident that this framework will provide for efficient delivery of NDP programmes and projects.

Financial Services Regulation.

Gay Mitchell

Question:

182 Mr. G. Mitchell asked the Minister for Finance if he is satisfied that as interest rates rise, the financial institutions are not taking the opportunity to increase their margins. [4158/07]

I have no statutory function in setting the interest rates offered by credit institutions — they are based on commercial criteria in the light of market conditions. Since 1992, the Irish banking market has been open to competition from credit institutions authorised in any EU/EEA Member State. Hence, new entrants to the market from abroad are competing with domestic banks for business in, for example, the market for personal deposits.

The September 2005 Competition Authority report on banking focused on two markets — personal current accounts and SME lending. It suggested measures aimed at promoting more active competition, but found no evidence of deliberate anti-competitive actions by banks. The Authority recommended action to make switching of accounts easier, and this is now in place.

The Financial Integration Monitor, published by the European Commission to assess major trends in the pan-European market, indicates that the cross border competition inherent in the single market has contributed to convergence in interest rates, which is particularly evident in relation to the highly competitive mortgage market in Ireland.

My function as the Minister for Finance is to provide an appropriate and robust legislative framework for regulation of the financial services sector. I am satisfied that, since the establishment of the Financial Regulator and the Financial Services Ombudsman, with a particular focus on the consumer, we have such a framework in place.

The Financial Regulator has drawn attention to the need for consumers to choose the right type of loan for their needs. The Consumer Credit Act 1995 obliges credit providers to include specific information on the cost of all credit agreements. Furthermore, the Financial Regulator's Consumer Protection Code requires that financial service providers, in all their dealings with customers, act fairly and honestly in the best interests of customers and make full disclosure of all relevant material information, including all charges.

European Bank for Reconstruction and Development.

Trevor Sargent

Question:

183 Mr. Sargent asked the Minister for Finance the nomination procedures that were applied when recently filling Ireland’s membership position on the European Bank for Reconstruction and Development. [4071/07]

The nomination procedures applied were those required in the appointment of Directors of the European Bank for Reconstruction and Development. The Directors of the Bank are nominated by the Governors representing the member countries in a particular constituency. As the Deputy will be aware, Ireland is a member of a constituency with Denmark, Lithuania and FYR Macedonia.

The Bank makes the appointment following a vote by the Governors of the constituency. In my capacity as Governor for Ireland I nominated Ms Anne Counihan as Director and when the present Danish occupant of this post resigns, the relevant Governors will vote on Ms Counihan's appointment.

Financial Services Regulation.

Jan O'Sullivan

Question:

184 Ms O’Sullivan asked the Minister for Finance if his Department will be monitoring the implementation of the Consumer Protection Code published by the Financial Regulator when it comes into force in 2007, which will prohibit practices such as automatic and unsolicited increases in the credit limit; and if he will make a statement on the matter. [3890/07]

My Department is responsible for the policy and legislative framework promoting the effective regulation of the financial services sector with a strong focus on the consumer. The Financial Regulator is responsible for monitoring and enforcing adherence to the Consumer Protection Code by financial service providers in accordance with its statutory functions and its Strategic Plan 2007-2009. The legislation establishing the Financial Regulator provides for a system of administrative sanctions which would apply to any regulated entity found to be in breach of its obligations under the Code.

National Development Plan.

Joan Burton

Question:

185 Ms Burton asked the Minister for Finance the projected tax revenues for the period of the National Development Plan 2007, indicating where the revenue required each year for the Plan will be sourced; and if he will make a statement on the matter. [3863/07]

The tax revenue projections for the years 2007 to 2009 are the Budget 2007 projections which are detailed in the table below.

Tax Revenue

2007

2008

2009

€m

€m

€m

Customs

285

305

320

Excise Duties

6,069

6,555

6,870

Capital Gains Tax

3,345

3,605

3,855

Capital Acquisitions Tax

375

405

430

Stamp Duty

3,925

4,125

4,300

Income Tax

13,555

14,060

15,095

Corporation Tax

6,650

7,220

7,680

VAT

14,870

16,360

17,715

Levies

1

Total

49,075

52,635

56,265

For the years 2010 to 2013, my Department took the standard view when making longer term projections that overall tax revenue would grow broadly in line with economic growth over the period. Expenditure on the National Development Plan is based on a prudent budgetary policy, fully consistent with the EU Stability and Growth Pact, that does not add to inflationary pressures within the economy.

Tax Collection.

Joe Costello

Question:

186 Mr. Costello asked the Minister for Finance if his attention has been drawn to the fact that €71 million was wrongly deducted from 1,100 companies by the Revenue Commissioners; the systems in place to ensure other taxpayers are not subject to double debiting; and if he will make a statement on the matter. [3877/07]

I am advised by the Revenue Commissioners that the excess deductions were due to human error. Revised procedural and communication arrangements have been put in place by Revenue to prevent such a recurrence. I am further advised by Revenue that all the amounts deducted in error have been repaid. Customers who incurred the excess deductions have been invited to supply Revenue with details of any charges or penalties suffered as a result of the excess deductions so that Revenue can make good those costs and deal with the matter of interest on the excess deductions.

Tax Code.

Denis Naughten

Question:

187 Mr. Naughten asked the Minister for Finance his views on the tax implications of the sugar compensation package for farmers; and if he will make a statement on the matter. [4046/07]

There are three significant financial elements of the sugar compensation package, as far as farmers, as sugar beet growers, are concerned. The first is an amount of €123 million, payable over the next seven years via the single payment scheme, as compensation for the drop in the support price of beet. The second element of the compensation package is the restructuring aid. In July 2006 the Government decided that a sum of €40m restructuring aid be reserved for beet growers. This decision has been challenged by the Irish sugar processor by way of Judicial Review proceedings in the High Court. The third element is the diversification aid worth almost €44m, which will be drawn down in the framework of the National Restructuring Programme.

I am advised by the Revenue Commissioners that they are of the view that payments under the first two elements of the package in relation to the support price compensation and the restructuring aid to growers will be taxable as income. I am further advised that the Revenue Commissioners await some clarifications to enable them to finalise a view about the tax implications of the third element of the package, the diversification aid. The National Restructuring Programme on this element of the package was recently submitted to the EU Commission for consideration.

Martin Ferris

Question:

188 Mr. Ferris asked the Minister for Finance if he will introduce increased restrictions on the use of specified tax reliefs by high income persons; and if he will make a statement on the matter. [4051/07]

In Budget 2006 I announced the introduction of a limit, with effect from 1 January 2007, on the use of tax reliefs, including certain exemptions, by some high-income individuals. Section 17 of Finance Act 2006 gave effect to this announcement. This measure was designed to address the issue of a small number of individuals with high incomes who, up to now, mainly by means of the cumulative use of various tax incentive reliefs, have been able to reduce their income tax liability to a very low level or to zero. Such individuals are no longer able to do so. This provision will ensure that such individuals who use tax incentive schemes will have an effective rate of income tax for each year of not less than about 20 per cent on the income sheltered by such schemes.

The method used to increase the tax rates at which these high income individuals pay tax effectively addresses the equity concerns raised over the past number of years while, at the same time, ensuring that the intended incentive effects of tax schemes will continue to be delivered.

Broadly, the reliefs restricted are those reliefs that have primarily been used by high income individuals to significantly reduce their tax liability. These are—

the various sectoral and area based property tax incentives,

certain exemptions including artistic income and patent royalties,

the reliefs for donations, and

certain investment incentive reliefs such as the BES, film relief and interest relief for investment in companies and partnerships.

The normal items claimed by taxpayers such as medical expenses, trade union subscriptions, the personal tax credits and exemptions such as that for child benefit are not restricted. In addition, normal business expenses and deductions for capital allowances on plant and machinery, genuine business related trading losses and genuine losses from a rental business have not been restricted.

I do not intend to introduce any further restrictions on the use of specified tax reliefs at this time. I would point out, however, that I am introducing technical amendments to the restriction in Finance Bill 2007 which will help to ensure that the measure will work as intended. Included in these are provisions to enable the Revenue Commissioners to seek whatever information may be necessary from individuals affected by the restriction, so as to ensure that Revenue are in a position to monitor and assess the impact of the restriction in terms of numbers affected, the additional tax paid and the nature of the reliefs restricted.

National Development Plan.

Paul Connaughton

Question:

189 Mr. Connaughton asked the Minister for Finance the latest returns he has received in respect of progress in the expenditure profile and the profile in delivery of planned outputs from the various subprogrammes within the National Development Plan 2000-2006; and if he will publish a review of the performance of that plan. [4127/07]

The most recent information on the implementation of the NDP/CSF 2000-2006 was reported to the NDP/CSF Monitoring Committee at its December 2006 meeting and relates to the period January 2000 to end June 2006. The data reported indicates that some €48.3 billion has been spent on the Plan at the end of June 2006. This represents 85% of original profile for the life of the Plan — for which expenditure can continue up to 2008 in line with EU regulations. The Exchequer & EU contribution to the plan for the same period amounts to €41.8 billion which represents 94% of original profiled Exchequer and EU expenditure for the lifetime of the Plan. This indicates that all demands for expenditure are being met. The final Exchequer and EU expenditure is expected to be ahead of the original profile generally, covering a lower than expected take-up from the private sector.

The NDP/CSF 2000-2006 is implemented through seven Operational Programmes. Performance indicators at programme and priority level are included in the Operational Programme documents and at measure (and sub-measure) level in the programme complement documents. The NDP/CSF Monitoring Committee set up by my Department to monitor progress in implementation of the Plan, examines physical and financial progress at programme and priority level with reference to these indicators. The Committee's most recent progress reports indicate that physical implementation is progressing well with some priorities exceeding their end programme targets already.

In addition to the ongoing monitoring, a mid term evaluation of the NDP/CSF was carried out by the ESRI in 2003. A key finding in this report was that NDP/CSF expenditure over the period 2000-2002 had raised the level of GNP by over 7% above what it would otherwise have been in 2002. The report states that in the long run the level of GNP will be around 3% higher than it would otherwise have been. This represented a real rate of return on NDP/CSF investment of around 14% at that time.

Mid-term evaluations of the individual Operational Programmes were also carried out in 2003 which provides analysis of progress under the programmes and of developments in the external environment. In addition, an update evaluation of the CSF was completed in December 2005 which provides a synthesis of overall CSF progress in both financial and physical terms to end 2004. This evaluation found that "at the level of individual Operational Programmes, tangible results are. . . evident on the ground. In areas such as training, provision of child care places and road investment, the intended outputs are being delivered and these involve increased or improved services and other benefits to users".

My Department has also recently published a progress review entitled NDP/CSF 2000-2006 — Review which highlights some of the key features of the investment under the Plan to date. This review and the evaluations referred to above are available on the NDP website www.ndp.ie, under Publications.

Personal Indebtedness.

Seán Crowe

Question:

190 Mr. Crowe asked the Minister for Finance his views on the fact that, according to findings of the EU Survey on Income and Living Conditions (EU-SILC) 2005 published by the Central Statistics Office in November 2006, almost 40% of persons in lone parent households in 2005 reported having debt problems, along with 15.3% of persons in other households with children and 10.2% of households with two adults and one to three children; and if he will make a statement on the matter. [4054/07]

The issues that give rise to debt problems for people in these household categories include the cost and availability of credit for people on low incomes, the barriers they face in accessing mainstream and affordable forms of credit and the challenges low income households encounter in managing their finances, in addition to factors such as changes in employment status or earning capacity.

At the outset, it is important to emphasise the important role of the credit union movement in providing affordable loans to persons on low incomes. There are currently 427 credit unions registered with the Financial Regulator with around 2.5 million members and assets of around €13 billion. Research carried out by the Irish League of Credit Unions highlights the work of the movement in supporting members with indebtedness problems.

With regard to regulatory arrangements, the Financial Regulator's Consumer Protection Code obliges regulated financial services providers to act in the customer's best interests and only provide financial products that are suitable for their consumer. The Financial Regulator also makes available a wide range of consumer information on financial services.

The Deputy may wish to note that the Money Advice and Budgeting Service (MABS) was set up to help people in managing their money with a view to regaining control of their finances including how to avoid falling into difficulties in relation to debts. MABS provides an extensive range of money advice, personal budget and community education services where necessary and liaises with financial institutions on behalf of its clients on a nationwide basis.

The Government has also taken a number of significant measures in the areas of social welfare and taxation to raise the disposable income of low-income households, which reduces the risk of these households experiencing difficulties with debt.

Budget 2007 contained a €1.4 billion social welfare package, which includes substantial social welfare benefit increases for many of the categories of people referred to in the question. For example, the maximum rate of the One Parent Family Payment increased by over 12%. Since 2002, the maximum personal rate of the One Parent Family Payment has increased by 56%, which is well ahead of the increase in overall consumer prices and average earnings over the same period. Other social welfare benefits are also payable such as child benefit and, subject to income and other eligibility conditions, the Back to School Clothing and Footwear Allowance payment and Family Income Supplement. More generally, the aggregate of social inclusion spending across all Government programmes is estimated to be about €26.9 billion in 2007, an increase of €2.8 billion on the 2006 position.

The Finance Bill 2007 also confirms measures announced on Budget day including increases in the personal and PAYE credits to ensure that those on the minimum wage will stay out of the tax net in 2007 and increases in the standard rate bands to ensure that those earning the average industrial wage will not face a liability for the higher rate of tax in 2007.

Question No. 191 answered with QuestionNo. 181.
Question No. 192 answered with QuestionNo. 121.

Tax Code.

Aengus Ó Snodaigh

Question:

193 Aengus Ó Snodaigh asked the Minister for Finance his views on whether the reduction in the entitlement to retrospective claims for PAYE credits and refunds from ten years to four years as provided for in the Finance Act 2003 was ill judged and has resulted in real loss for substantial numbers of ordinary taxpayers. [4080/07]

The reduction in the time period to which the questions refer was part of a package of measures introduced in 2003 to deal with the following matters: There was no general statutory right to repayment of overpaid tax — and in some circumstances overpayments were not refundable. Interest on repayments was paid in very limited circumstances and was not paid in respect of PAYE overpayments. In the absence of a statutory right to repayment, the courts were developing, on a case-by-case basis, a common law right, without any time limitation.

The scheme that was introduced was not ill-judged. It was devised after careful and detailed consideration and was designed to achieve the necessary balance between establishing a fair and uniform system for taxpayers, including parity of treatment between PAYE and self-employed taxpayers, while, at the same time, providing necessary protection for the Exchequer from exposure to claims going back many years. Four years is a reasonable period for taxpayers to sort out their tax affairs and in the great majority of cases does not present any difficulty for taxpayers claiming repayments and should not result in any losses to taxpayers who take responsibility in the matter.

Personal Indebtedness.

Aengus Ó Snodaigh

Question:

194 Aengus Ó Snodaigh asked the Minister for Finance his views on whether helping persons on low incomes to save is an important measure to help prevent such families falling into debt; and if he will make a statement on the matter. [4055/07]

The issues surrounding savings and borrowings for people on low incomes are not uniform as they can vary from person to person and over the lifetime of the individual. Persons on low incomes can encounter obstacles in accessing financial services from mainstream financial services providers. The cost and availability of credit for people on low incomes and the barriers they face in accessing mainstream and affordable forms of credit can add to the challenges individuals on low incomes encounter in managing their finances. Building up savings, where possible, can mitigate these difficulties both by reducing the need to borrow and by establishing a relationship with a mainstream credit provider.

The credit union movement has been a key provider of savings and loans since its inception and has a particular role to play in supporting savings by persons on low incomes. There are currently 427 credit unions registered with the Financial Regulator with around 2.5 million members and assets of around EUR13 billion. Since 1995 credit unions have grown significantly with an increase in savings from €2 billion to around €13 billion.

The banking industry has proposed the development of a universal bank account which would provide basic access to the Irish payments system enabling citizens to make and receive payments electronically and assisting those on lower incomes to build up savings. However, there are a number of issues to be considered in progressing such a proposal such as the fees to be associated, who would have right of access to such an account and also the actual need for such a product, particularly in the light of the reduction or elimination of bank charges on many standard accounts in recent years and the increased competition in the banking sector.

The Financial Regulator commissioned the Combat Poverty Agency to conduct research on the nature and the extent of financial exclusion in Ireland and the barriers faced by people on low incomes in accessing a wide range of financial services. The report entitled ‘Financial Exclusion in Ireland — An Exploratory Study and Policy Review' was launched by the Financial Regulator on 11 December 2006. The Report recommended that a Steering Committee be established to examine the next steps in the analysis of this and other proposals in the report. The Financial Regulator and my Department, together with other interested parties, are currently considering how these recommendations can be progressed.

Economic Competitiveness.

John Gormley

Question:

195 Mr. Gormley asked the Minister for Finance the action he will take to address the Central Bank renewed warnings regarding the economy’s declining competitiveness and call for the Government to tackle the high cost of living and rising inflation as published in its first quarterly bulletin of 2007. [4077/07]

Inflation, as measured by the average annual change in the Consumer Price Index (CPI), was 4.0 per cent for the year 2006 as a whole. A large proportion of the rise in the annual inflation rate in 2006 was due to external factors, primarily rises in interest rates by the ECB.

Maintaining a moderate rate of inflation remains a key priority of economic policy because of its importance in restoring competitiveness. The Government is focusing on areas it can control and taking positive actions to contain inflation by implementing responsible fiscal policies. For example, we have not increased excise duties for the last three years, apart from tobacco excise, which was done for sound health policy reasons. We are promoting greater price competition through various measures. We are also investing in public infrastructure, as evidenced by the recently announced National Development Plan, which will enhance our ability to produce more goods and services and, by improving the economy's efficiency, keep inflation down. In addition, we recognise that services sector inflation is a cause for concern and this highlights the need for more competition in the economy as well as for pay and profit restraint in all sectors in order to keep our cost base down. We must ensure that the wage increases granted under the Social Partnership agreement, Towards 2016, are reflected in productivity gains.

Special Savings Incentive Scheme.

David Stanton

Question:

196 Mr. Stanton asked the Minister for Finance the take up rate on SSIA holders, who are taxed at 20%, of the PRSA incentive; the number of SSIA holders eligible for this scheme; the number who have availed of it; and if he will make a statement on the matter. [43276/06]

I am advised by the Revenue Commissioners that, based upon the latest information available, 5,413 individuals have invested SSIA funds into approved pensions under the Pensions Incentive Tax Credits scheme up to end December 2006. Two-thirds of all SSIAs will mature in the early months of 2007.

In order to avail of the incentive, the following criteria must be met:

One must be an SSIA holder;

The SSIA holder's gross income (i.e. before all deductions) in the tax year before the year in which the SSIA matures does not exceed €50,000; and

The SSIA funds are invested within 3 months of the maturity of the SSIA.

In addition, and in accordance with my statement of 29 September 2006, SSIA funds invested in pension based products should remain there for at least 12 months in order to retain the tax credit. This requirement is being provided for in legislation in this year's Finance Bill.

I am also informed by the Revenue Commissioners that there is no precise information available on the number of SSIA holders who are eligible for the scheme so that it would not be feasible to provide a reliable estimate of the "take-up" rate of the scheme.

Jim O'Keeffe

Question:

197 Mr. J. O’Keeffe asked the Minister for Finance the expected rise in income tax receipts in 2007 as a result of termination of SSIA accounts; and if these moneys are being allocated to particular purposes. [4170/07]

In making the Budget income tax forecast for 2007, my Department estimated that there would be a gain to income tax in 2007 of approximately €600 million over 2006 arising from the discontinuance of the tax credit contribution to SSIAs and also the exit tax yield from maturing SSIAs.

It should be noted that in 2007 the gain arising from the ending of the SSIA scheme will be broadly offset by the cash-flow loss from the ending of the transitional arrangements for the movement of the payment date for corporation tax from a prior to a current year basis which was introduced in Budget 2002.

Economic Competitiveness.

Paul Nicholas Gogarty

Question:

198 Mr. Gogarty asked the Minister for Finance his views on the recent Central Bank warning that despite the interest rate rises the demand for credit here remains strong and that Ireland’s private sector credit to GDP ratio is now the highest in the euro zone area. [4079/07]

The relatively high level of private sector debt must be seen in the context of a sharp decline in public sector indebtedness in recent years. Moreover, a large part of the increase in private sector indebtedness reflects the accumulation of housing assets on the part of households.

However, as I have pointed out before, both borrowers and lenders need to be aware that interest rates are still low by historical standards. Moreover, a shock to the economy which affected employment and earnings growth could affect the ability of borrowers to service their debt. As Ireland is a small and very open economy, and hence vulnerable to changes in the global environment, this highlights the need to retain and indeed improve our international cost competitiveness.

I fully support the vigilance of the Central Bank and the Financial Regulator on the issue of private sector credit and in reminding borrowers and lenders of the need for responsible behaviour. The Government, for its part, will continue to contribute to economic and financial stability by pursuing a prudent fiscal policy.

Tax Yield.

Eamon Gilmore

Question:

199 Mr. Gilmore asked the Minister for Finance the expected distribution of income earners for income tax payments for 2006 broken down in number and percentage terms into the categories of exempt, marginal relief, standard rate and higher rate; the comparative figures for each year from 1998 to date in 2007; and if he will make a statement on the matter. [3883/07]

The information requested by the Deputy in a format which presents the data in terms of the effective tax rates actually paid by taxpayers is set out in the table below. This is the same format as used for the presentation of pre-Budget 2007 and post-Budget 2007 distributions of earners in the 2007 Budget booklet.

Tax Year

Exempt(1)

Paying at 20% or less(2)

Paying at greater than 20%

Total

2002

632,70033.56%

907,400 48.14%

344,900 18.30%

1,885,000

2003

649,30033.69%

894,30046.40%

383,60019.91%

1,927,200

2004*

677,100 33.97%

878,20044.06%

437,90021.97%

1,993,200

2005*

732,400 35.11%

895,70042.94%

458,00021.95%

2,086,100

2006*

776,100 35.92%

937,70043.40%

446,70020.68%

2,160,500

2007*#

845,900 38.19%

930,60042.02%

438,20019.79%

2,214,700

Notes

(1)Standard rate liability fully covered by tax credits or Age Exemption limits.

(2)Higher rate tax liability fully covered by tax credits and includes those who face a gross liability for tax at the marginal relief rate of taxation.

* Provisional and likely to be revised.

# Assuming the enactment of the changes announced in the 2007 Budget.

Figures in the table are rounded to the nearest hundred and any apparent discrepancies in totals are due to this.

Information for the tax years 1998/1999 to 2001 cannot be provided in the above format because the tax forecasting model operated by the Revenue Commissioners only retains data for the tax year 2002 and subsequent years. However, information for the each of the years 1999/2000 to 2001 presented in a format which shows the distribution of income earners by reference to gross liability to tax before the application of credits or tax allowances at the standard rate was provided by me in a previous reply to a Parliamentary Question on 27 September 2006 (Dáil debates, Volume 624, No. 1, Column 529). That reply also provided a distributional breakdown for the tax year 1998/1999. However, care should be taken in comparing the 1998/1999 data with that of the three subsequent years. For the latter years, the basic personal credits (formerly personal allowances) and employee credit (formerly PAYE allowance) are deducted after tax is calculated rather than before the tax calculation as was the case in 1998/1999.

The figures for the years 2002 and 2003 are based on incomes data derived from income tax returns held on Revenue records and have been grossed-up to an overall expected level to adjust for incompleteness in the numbers of returns on record at the time the data was extracted for analytical purposes.

For the years 2004 to-date, the figures are estimates from the Revenue tax forecasting model using actual data for the year 2003 adjusted as necessary for income and employment growth for the years in question. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Greenhouse Gas Emissions.

Brian O'Shea

Question:

200 Mr. O’Shea asked the Minister for Finance the tax incentive measures he proposes to ensure that Ireland meets the target set down by the European Commission in January 2007 for a 30% reduction in emissions over 1990 levels over the next 13 years; and if he will make a statement on the matter. [3881/07]

The targets referred to by the Deputy featured in a recent communication from the European Commission. They have yet to be agreed by Member States and these discussions will be dealt with by my colleague the Minister for Environment, Heritage and Local Government. I have stated before that, in conjunction with other policy measures, taxation can play a part in achieving environmental objectives.

Tax measures considered necessary towards meeting a new emissions target when agreed, will be considered in that context. In this regard, I am pleased to inform the Deputy that in Finance Act 2006 I provided for significant tax measures to promote biofuels in Ireland. This scheme, which received the necessary EU State Aid approval, commenced in November 2006 and will:

provide for excise relief on up to 163 million litres of biofuels per annum;

cost over €200m over 5 years;

when fully operational, result in CO2 savings of over 250,000 tonnes per annum;

meet a target of 2% transport fuel market penetration by biofuels by 2008;

help reduce our dependency on conventional fossil fuels, and

stimulate activity in the agricultural sector.

In addition, I announced on Budget day the commencement of a Public Consultation on Options for revising the VRT system to take greater account of CO2 emissions. I invited interested parties to make submissions to my Department by 1 March 2007. A summary of a number of possible Options which are under consideration by my Department was contained in the Budget 2007 documentation and a longer consultation document has also been placed on my Department's website. In addition, an invitation for submissions was advertised in the national daily newspapers on 15 December 2006. A similar consultation is under way on motor tax, which is under the remit of my colleague, the Minister for Environment, Heritage and Local Government. The intention is that from a target date of January 2008, cars with lower emissions will be rewarded with lower VRT and motor tax while increased taxes would be in place for higher emission cars. Currently, there are VRT reliefs in place for hybrid cars, flexible fuel vehicles and electric cars. My Department will also examine, in the context of the preparations for Budget 2008, the case for disallowing (totally or in part) capital allowances and leasing expenses for high CO2 emission vehicles. Consultations will take place with the motor industry and the business sector as part of any review.

Anti-Poverty Strategy.

Caoimhghín Ó Caoláin

Question:

201 Caoimhghín Ó Caoláin asked the Minister for Finance if he will introduce a savings scheme for low income households, on a pilot basis for two years, in the form suggested by the Society of St Vincent de Paul, the Money Advice and Budgeting Service and the Combat Poverty Agency; and if he will make a statement on the matter. [4048/07]

The proposal is to develop a pilot savings scheme for low-income households, similar to the SSIA scheme which is now in its final months. While the proposal has a number of socially progressive features, I am not convinced that a further SSIA type scheme is the appropriate way forward. Raising the income levels of those affected by more jobs, higher wages or better social welfare support may be more productive. That is what this Government's policies are achieving.

National Development Plan.

Thomas P. Broughan

Question:

202 Mr. Broughan asked the Minister for Finance the person who will be accountable and personally responsible for the spending of €184 billion on the National Development Plan 2007 to 2013 over the next seven years; and if he will make a statement on the matter. [3873/07]

I refer the Deputy to Chapter 13 of the Plan which deals with the monitoring, management and implementation arrangements for the NDP 2007-2013. In general, implementation of NDP investment at programme and project level will be the responsibility of the relevant Government Department and Agency. Project selection and implementation will be subject to compliance with guidance set down in relation to capital appraisal and management, procurement etc. as referred to in Chapter 12 of the Plan. Project selection will also be required to take full account of the horizontal objectives of Regional Development, Environmental Sustainability, the All-Island dimension and development of the Rural Economy. This model builds on the good practice now in place whereby capital projects are generally being effectively rolled out. In relation to Exchequer funded expenditure, the normal annual accountability process under Public Financial Procedures, involving Estimates consideration by the Dáil and scrutiny by the Comptroller and Auditor General and the Public Accounts Committee, will apply.

The establishment of a single accountable person or entity for all Plan expenditure is not seen as a practical or effective proposition in these circumstances. In my view it would only add a further supervisory layer to a process which requires speedy and effective delivery by the various implementing agencies.

I do accept that there should be robust central monitoring of Plan progress. This will be the responsibility, within the above framework, of the Sectoral Policy Division in my Department. In addition, a Central Monitoring Committee will be established to monitor implementation of the Plan. The Committee will be chaired by my Department. A special Unit within the Sectoral Policy Division of the Department will provide the Secretariat to the Monitoring Committee as well as coordinating ongoing oversight of NDP monitoring and implementation. Enhanced accountability will be delivered through the submission to the Oireachtas of a dedicated Annual Report on Plan progress.

Decentralisation Programme.

Dan Boyle

Question:

203 Mr. Boyle asked the Minister for Finance if he will elaborate on the nature and need for four PPP projects worth €100 to €250 million being pursued by the Office of Public Works under the Government’s decentralisation programme. [4068/07]

The buildings being provided under the Government's Decentralisation Programme using the Public Private Partnership model are required to accommodate staff of the Department of Enterprise, Trade & Employment in Carlow, the Department of Agriculture in Portlaoise, the Department of Education & Science in Mullingar and the Department of Social & Family Affairs in Drogheda. The method of procurement will be Design, Build, Finance and Maintain.

The buildings in Carlow, Portlaoise and Mullingar are being treated as a single project and Expressions of Interest have already been received from a number of potential developers and are currently being evaluated by the Office of Public works in conjunction with the National Development Finance Agency. Tenders for this project will be invited at the earliest possible date.

The Drogheda project is at an early stage of the procurement process and discussions on sites acquisition are continuing between the OPW and Drogheda Borough Council. Finalisation of the brief of accommodation requirements is also being pursued with the Department of Social & Family Affairs.

In relation to the Carlow, Portlaoise and Mullingar buildings, the following provides an overview of the nature of the project. The Carlow Decentralised Building involves the provision of office buildings(s), comprising approximately 7,250 square metres, to accommodate approximately 300 staff of the Department of Enterprise, Trade & Employment.

The Portlaoise Decentralised Building involves the provision of office building(s), comprising approximately 20,000 square metres, as a Headquarters for the Department of Agriculture & Food to accommodate approximately 850 staff. A central storage facility of approximately 2,000 square metres is also being provided.

The Mullingar Decentralised Building involves the provision of office building(s), comprising approximately 8,240 square metres, to accommodate approximately 320 staff of the Department of Education & Science.

Question No. 204 answered with QuestionNo. 160.

Tax Collection.

Gerard Murphy

Question:

205 Mr. G. Murphy asked the Minister for Finance the tax implications for farmers who do not receive their single farm payment in the year of their application; and if he will make a statement on the matter. [3557/07]

I have been advised by the Revenue Commissioners that for taxation purposes single farm payments can be accounted for on either a receipts basis or an annual basis. In cases where farmers make tax returns on a receipts basis the single farm payment is recognised as a receipt pertaining to the date the cheque issues from the Department of Agriculture and Food and is therefore liable to income tax in the tax year during which the payment issued. Where farmers make returns on an annual basis, the single farm payment is recognised by Revenue as a receipt accrued over the year in respect of which the payment was made. The Revenue Commissioners accept farmers treating income received in respect of single farm payments on either the receipt basis or the annual basis provided that this treatment is carried out on a consistent basis and that the election for one or other of the methods of making returns was made either from the date of commencement of farming or the year 2005.

Refugee Status.

Seán Crowe

Question:

206 Mr. Crowe asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will examine the case of a person (details supplied) in Dublin 7; and if he will assist in this situation. [4252/07]

The person in question was granted permission to enter and remain in the State on 15 May 2001 on the basis of being a family member of a recognised refugee. The person concerned was issued with a travel document pursuant to Section 18 (6) of the Refugee Act identifying the person as a family member of a refugee. It is a matter for the French authorities to decide on what is appropriate to satisfy their criteria for entering their State. However, if the person in question contacts my department with details of his difficulties, this matter can be further investigated.

Residency Permits.

Dan Boyle

Question:

207 Mr. Boyle asked the Tánaiste and Minister for Justice, Equality and Law Reform if a decision is forthcoming regarding the family reunification application made by a person (details supplied). [4219/07]

I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in April 2005. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department.

During the course of processing this application, questions arose in relation to the authenticity of documentation submitted. Documentation was forwarded to the Garda Technical Bureau for further investigation. The report of these investigations was received by the Family Reunification section on the 5th February 2007. This report will be considered by my Department and a decision will issue in due course.

Crime Levels.

Aengus Ó Snodaigh

Question:

208 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of stabbing incidents in each of the prisons here for each year for the past 5 years; the number of legal proceedings taken in terms of assaults with a deadly weapon, grievous bodily harm and attempted murder in relation to such incidences in the past five years; the number of investigations into these matters ongoing at present; and if he will make a statement on the matter. [4220/07]

In the time available, it is not possible to provide the information requested by the Deputy. I will furnish the information to the Deputy as soon as possible.

Irish Prison Service.

Aengus Ó Snodaigh

Question:

209 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has had an indication from the Prison Service as to the steps taken to isolate persons involved in stabbings from other prisoners, to ensure that others are not attacked; if governors are made aware of the past violent history in prison of prisoners who are transferred due to such incidents; and if he will make a statement on the matter. [4221/07]

Aengus Ó Snodaigh

Question:

210 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has had talks with the Prisons Service in relation to the high incident of stabbings in the prisons here; the action proposed to protect prisoners from other prisoners intent on stabbing or causing bodily harm; and if he will make a statement on the matter. [4222/07]

I propose to take Questions Nos. 209 and 210 together.

I am advised by the Irish Prison Service (IPS) that the Service is fully conscious of its responsibility to provide safe and secure custody for all persons committed to its care.

On committal, all prisoners are interviewed by the Governor and based on the information available, a decision is then made as to where a particular prisoner will be accommodated. This information could consist of previous knowledge of the prisoner, type of offence, information provided by the prisoner, intelligence reports from the Gardaí, prisoner's family/friends or general prison information. Subject to normal operating constraints, prisoners will as far as possible be accommodated in an area of the prison considered suitable to their safe custody or transferred to another institution where their safety needs can be best provided for.

In all cases where physical violence by stabbing or other means is inflicted on another, the perpetrator, if identified, is immediately separated from the general population. This is to safeguard the general population, to protect the perpetrator from the risk of retaliation by fellow prisoners and to allow any resultant tension within the prison to dissipate. Each case is fully investigated by the Governor and the Gardaí as appropriate. The Governor will instigate a disciplinary hearing and details of the breach of discipline and punishment will be recorded on the Prison Service IT system. The bringing of criminal charges is a matter for the Gardaí in consultation with the Office of the Director of Public Prosecutions.

In the event that prisoners continue to be at risk from a particular individual, it is open to a prison governor to request permission from the Operations Directorate of the IPS to have that individual transferred to another prison. Generally the governors of both prisons will discuss the issue prior to a formal request being made to the IPS. Upon being satisfied that sufficient grounds for transferring the individual exist, the IPS will authorise the transfer.

The separation of prisoners for their own protection or the protection of others is a feature of all prison systems worldwide. The Irish Prison Service is continuously reviewing its own procedures and is in contact with other prison services throughout Europe to establish best practice in its endeavour to ensure the safety of staff and prisoners at all times.

I have conveyed to the Director of the Irish Prisons Services in a series of meetings the necessity to give every precaution against incidents of the type referred to by the Deputy.

Asylum Applications.

Jan O'Sullivan

Question:

211 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform when a decision will be made on an application for leave to remain here on humanitarian grounds from a person (details supplied) in County Limerick; and if he will make a statement on the matter. [4224/07]

The person concerned arrived in the State on 4 September, 2002 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 6 July, 2004, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations were received on behalf of the person concerned. His case was considered under Section 3 of the Immigration Act 1999, as amended and Section 5 of the Refugee Act 1996, as amended (Prohibition of Refoulement), including all representations received on his behalf, and a deportation order was made in respect of him on 26 August, 2004.

A number of further representations were received on behalf of the person concerned, and his case was re-considered under Section 3 of the Immigration Act 1999, as amended and Section 5 of the Refugee Act 1996, as amended (Prohibition of Refoulement). On 14 December, 2005, I affirmed the deportation order made in respect of the person concerned.

Further representations have again been received on behalf of the person concerned, and his case file is being re-considered. This person's case file, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.

Brendan Howlin

Question:

212 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform if, in relation to the notice published by his Department in the national newspapers on 31 January 2007 (details supplied) the relevant terms applicable to the scheme have been at any stage within his Department amalgamated into one comprehensive document; if he has available to himself or has published such a document, which states comprehensively all the relevant terms applicable to the scheme; if not, the reason for same; if so, the reason he has not published it; the further reason applicants under the scheme are directed to three different documents in their efforts to find out the applicable terms; if those three documents are in fact comprehensive of the applicable terms; and if he will make a statement on the matter. [4225/07]

The notice published in the national newspapers by my Department on 31 January 2007, was addressed to the non-national parents of Irish children born in the State prior to 1 January 2005, who were granted permission to remain for up to two years under the IBC/05 Scheme. The notice was intended to alert those who wish to apply for renewal of that permission of the need to do so. In addition, the notice offered guidance to potential renewal applicants of the general terms of the renewal scheme.

The information leaflet, which accompanies the application form, comprehensively sets out the terms applicable to the scheme and incorporates guidelines to assist applicants in making their application.

Garda Operations.

Enda Kenny

Question:

213 Mr. Kenny asked the Tánaiste and Minister for Justice, Equality and Law Reform if it is the responsibility of the Garda to detect foreign registered cars which fail to re-register after 12 months here; the number of offenders detected for this offence in 2005 and 2006; the penalties which apply for this offence; and if he will make a statement on the matter. [4230/07]

Under Department of Finance legislation the registration of vehicles is the responsibility of the Revenue Commissioners.

I am informed by the Garda authorities that where a member of An Garda Síochána suspects that a vehicle has not been registered as required under the legislation the vehicle may be detained by the member until enquiries or investigations are carried out. I am further informed that An Garda Síochána detained under the provisions of the finance legislation and seized under the provisions of road traffic legislation 1,404 non-Irish registered vehicles in 2006 and 741 non-Irish registered vehicles in 2005. Statistics are not compiled in such a way as to distinguish between such vehicles seized under the provisions of finance legislation and road traffic legislation.

I am advised by the Revenue Commissioners that their officers, who are based at numerous locations in the State, carry out regular and ongoing checks to identify and deal with breaches of vehicle registration tax regulations in connection with the use of foreign registered vehicles in the State. They also periodically carry out co-ordinated national enforcement campaigns under finance legislation to detect infringements of the law in this area.

Stardust Inquiry.

Finian McGrath

Question:

214 Mr. F. McGrath asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason the evidence on the Stardust fire was not handed over to the Stardust Relatives Group; if he will respond to their letter of 16 November 2006; and the position in relation to the case. [4244/07]

The solicitor for the Victims Committee was advised on 16 December, 2006 that an external and independent examination of their submission is to be carried out by an eminent legal person. It will be open to the Committee to set out the arguments contained in their letter of 16 November to that person. The arrangements for this examination are the subject of ongoing communication with the Committee's solicitor and any further information or evidence required by the Committee, should it in fact exist, can be raised in that context.

National Development Plan.

Jack Wall

Question:

215 Mr. Wall asked the Tánaiste and Minister for Justice, Equality and Law Reform the completed projects within Kildare that were proposed under the last National Development Plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4294/07]

I can inform the Deputy that a grant of €165,000 was awarded to St. John Of God Services in Kildare to assist mentally disadvantaged women integrate into society. The grant was paid over a three year period 2002-2005. The project was awarded funding under the Equality for Women Measure of the 2000-2006 National Development Plan. The measure is an initiative designed to tackle attitudinal, cultural and structural barriers to women's equal participation in society. I can also inform the Deputy that future calls for proposals will issue on a national basis over the lifetime of the new NDP in relation to the National Women's Strategy and Gender Equality Initiatives.

I am sure the Deputy will appreciate that County Kildare has benefitted from the many national initiatives carried out under the last NDP and will do so again under the new NDP.

Citizenship Applications.

Paul Kehoe

Question:

216 Mr. Kehoe asked the Tánaiste and Minister for Justice, Equality and Law Reform if assistance will be given to expedite the citizenship application for a person (details supplied) in County Wexford taking into account their circumstances; and if he will make a statement on the matter. [4300/07]

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the citizenship section of my Department on 29 September 2006.

Applications are generally dealt with in chronological order and this practice is not deviated from except in exceptional circumstances. However, due to the circumstances outlined by the Deputy, I understand that a submission will shortly be made to my Office for a decision on whether this case might be expedited. I will inform the Deputy and the person in question once I have reached a decision on the application.

Estate Management Companies.

Catherine Murphy

Question:

217 Ms C. Murphy asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on a two pronged approach to legislating for management companies in order that issues beyond dispute such as unfair share allocations, unreasonable charges, limiting such companies to multi-unit developments and accountability to apartment owners are dealt with immediately and that other topics included in the Law Reform Commission Consultation Report, the National Consumer Agency Report and the Director of Corporate Enforcement Report not covered in the above form part of future legislation; and if he will make a statement on the matter. [4301/07]

Issues relating to multi-unit developments and the operation of property management companies were discussed at a Conference organised by my Department and the Law Reform Commission on 25 January. The Conference provided an opportunity for relevant statutory bodies and other stakeholders, including members of the public, to discuss the policy issues identified in the Law Reform Commission's Report on Multi-Unit Developments and to consider possible solutions to the difficulties that have been identified in that Report.

Addressing the difficulties in this area will require action across a number of policy areas, including the planning and development code, company law, consumer protection law and the development of regulatory structures. In recognition of the wide range of policy areas involved, and the cross-cutting nature of many of the issues, the Government has approved the establishment of a high-level, interdepartmental committee, comprising representatives of relevant Departments and Offices, to assist in the development of a coherent legislative response to these issues. A key task of this committee will be to identify the key legislative and administrative actions to be taken and to determine a timescale for implementation as soon as possible.

In the meantime, several initiatives are under way. For example, the Minister for the Environment, Heritage and Local Government has advised city and county managers that planning authorities should under no circumstances require the establishment of a management company in ‘traditional' housing estates. More recently, he has published draft guidelines for planning authorities on sustainable urban housing, including new design standards for apartments. The primary purpose of these new guidelines is to ensure that the design and layout of new apartments will provide suitable and comfortable accommodation for a broad range of household types and sizes, including families with children, over the medium to long term.

The National Consumer Agency has produced a very valuable booklet entitled ‘Putting Consumers First' which contains information and guidance for those who have bought an apartment or house in a multi-unit complex, or are considering doing so, and the Agency is currently engaged in a major publicity campaign. In addition, the Director of Corporate Enforcement has launched a draft consultation paper on the governance of property management companies which provides essential information for the members and directors of management companies and is seeking submissions from interested parties.

Pending the development of required legislative reforms, improved awareness of their rights, and a better understanding of the corresponding duties and responsibilities of developers and builders, will, I believe, enable the owners of apartments and houses in multi-unit complexes to assert their rights as company members, become involved in the management of their company and combat abuses.

Citizenship Applications.

Michael Ring

Question:

218 Mr. Ring asked the Tánaiste and Minister for Justice, Equality and Law Reform if a person (details supplied) in County Mayo has applied for citizenship here. [4349/07]

I am advised by officials in the Citizenship section of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy.

Garda Strength.

Aengus Ó Snodaigh

Question:

219 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the Garda strength per district in Dublin and their rank and assigned duties on January 15 2007; and the number of civilians working in Garda stations in Dublin and other Garda departments on the same date. [4350/07]

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 following the attestation of 299 new members on Thursday, 16 November, 2006. 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 combined strength (all ranks), of both attested gardaí and recruits in training as at the 31 December 2006 was 14,068. Furthermore, I should say that in December, 2006 as part of a package of anti-crime measures, the Government approved the continuation of the existing Garda recruitment programme to achieve a total Garda strength of 15,000. The accelerated intake of 275 new recruits per quarter into the Garda College will continue until this target is met. The Garda Budget now stands at €1.4 billion, an 11% increase on 2006 and a 96% increase since 1997 in real terms.

I have also been informed by the Garda Authorities that the personnel strength, by rank, of each operational Garda District within the Dublin Metropolitan Region as at the 15th January, 2007 is set out in the table, below:

District

Chief Superintendent

Superintendent

Inspector

Sergeant

Gardaí

Pearse Street

1

2

7

34

300

Kevin Street

0

1

5

30

177

Donnybrook

0

0

4

19

156

Crumlin

1

2

3

26

140

Tallaght

0

1

4

30

215

Rathmines

0

1

4

24

145

Santry

1

2

6

41

197

Coolock

0

0

4

26

181

Raheny

0

1

5

23

153

Blanchardstown

1

2

7

42

279

Lucan

0

1

4

24

157

Clondalkin

0

1

3

26

174

Store Street

1

2

6

34

237

Fitzgibbon Street

0

1

5

23

180

Bridewell

0

1

6

29

133

Dún Laoghaire

1

2

5

27

160

Bray

0

1

5

27

172

Blackrock

0

1

4

24

161

The number of civilian staff working in Garda Stations in the Dublin Metropolitan Region as at the 15th January, 2007 was 198. The number of civilian staff in other Garda Offices in the Dublin Metropolitan Region at as the 15th January, 2007 was 281.

The Government has approved the further recruitment of 300 civilian staff to release Gardaí from administrative functions and free them up for operational policing duties. The accelerated recruitment campaign currently being carried out by the Public Appointments Service, on behalf of the Garda Commissioner, is to provide 50 new Clerical Officers for Dublin stations and offices every week until the process is complete.

Registration of Title.

John Perry

Question:

220 Mr. Perry asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress made on a land registry application for release of deeds for a person (details supplied) in County Leitrim; if it will be expedited; and if he will make a statement on the matter. [4387/07]

As the Deputy will be aware, under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November, 2006. The Property Registration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. In order to be of assistance I forwarded the Deputy's query to the Authority for its attention and direct reply. I understand that a reply has already issued.

I would also like to refer the Deputy to my letter of 26 May, 2006 to members of the Oireachtas regarding a new service for T.D.s and Senators concerning the current status of applications of this type. As outlined in my letter, the service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions.

Garda Deployment.

Bernard J. Durkan

Question:

221 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform with regard to the proposed new Garda station at Leixlip, County Kildare the number of senior Garda officers expected to be located there; if the station will be used as a divisional command centre; and if he will make a statement on the matter [4392/07]

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 following the attestation of 299 new members on Thursday, 16 November, 2006. 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 combined strength (all ranks), of both attested Gardaí and recruits in training as at the 31 December 2006 was 14,068. Furthermore, I should say that in December, 2006 as part of a package of anti-crime measures, the Government approved the continuation of the existing Garda recruitment programme to achieve a total Garda strength of 15,000. The accelerated intake of 275 new recruits per quarter into the Garda College will continue until this target is met. The Garda Budget now stands at €1.4 billion, an 11% increase on 2006 and a 96% increase since 1997 in real terms.

Leixlip Garda Station forms part of the DMR West Garda Division and I have been further informed by the Garda authorities that there are no plans to change the Divisional Headquarters at present.

I have also been informed by the Garda authorities that the current strength of Leixlip Garda Station is 3 Sergeants and 22 Gardaí.

The allocation of Garda resources will be kept under review and when additional personnel next become available the needs of Leixlip Garda Station and the DMR West Garda Division will be fully considered within the overall context of the needs of Garda Divisions throughout the country.

Residency Permits.

Bernard J. Durkan

Question:

222 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the current or expected outcome of family reunification or residency application in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4409/07]

I wish to advise the Deputy that the person in question was granted permission to remain in the State on 10 August 2005 for two years under the revised arrangements for non national parents of Irish children born prior to 1 January 2005 commonly referred to as the IBC/05 scheme.

Advertisements inviting applications for renewal of permission to remain granted under the IBC/05 scheme were placed in National Newspapers on 31 January, 2007. In the case of the person in question whose renewal does not fall due until August 2007 the application for renewal must be submitted one month in advance of the date on which the current permission to remain in the State expires. Applications will be processed in order of the date permission to remain expire. The person in question is already resident in this State and there is no record of an application for family reunification under the name supplied by the Deputy.

Prison Building Programme.

Joan Burton

Question:

223 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform the amount spent since 26 January 2004 on the site at Thornton Hall including expenditure on surveys, tree planting, archaeology and so on; and if he will make a statement on the matter. [4414/07]

Joan Burton

Question:

224 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of contracts for work that have been signed for work to be done at the Thornton site; the number of these projects that have not been completed; the cost of the contracts that have not been completed; and if he will make a statement on the matter. [4415/07]

I propose to take Questions Nos. 223 and 224 together.

A total of nine contracts have been put in place for the work on Thornton Hall site. Six of these are complete and three are ongoing. These are the landscape planting contract, the team of consultants appointed to oversee all of the planning of the preliminary works and the site security services. A total of €2.7m has been expended to date on works at or related to the Thornton Hall site including surveys, tree planting, archaeology, etc.

The Deputy will be aware that in addition to the above, work on the selection of a consortium to finance, design, build and maintain a new prison facility at Thornton is at an advanced stage. As is the case in all major infrastructural projects, comprehensive geological/ archaeological surveys were conducted at the site. I am glad to inform the Deputy that, in accordance with assurances I have previously given the House, there are no recorded national monuments on the site. In addition, the comprehensive survey undertaken did not reveal any archaeological impediment to the proposed development.

Garda Deployment.

Joan Burton

Question:

225 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of gardaí allocated to the Dublin west district; the breakdown by rank and area of activity; the number of community gardaí and the areas to which they are assigned; the number in each area; the equivalent numbers for May 2005; his proposals to appoint additional gardaí to the area in view of the huge developments taking place in the area and the consequent significant growth in population; and if he will make a statement on the matter. [4416/07]

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 following the attestation of 299 new members on Thursday, 16 November, 2006. 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 combined strength (all ranks) of both attested Gardaí and recruits in training as at the 31 December 2006 was 14,068. Furthermore, I should say that in December, 2006 as part of a package of anti-crime measures, the Government approved the continuation of the existing Garda recruitment programme to achieve a total Garda strength of 15,000. The accelerated intake of 275 new recruits per quarter into the Garda College will continue until this target is met. The Garda Budget now stands at €1.4 billion, an 11% increase on 2006 and a 96% increase since 1997 in real terms.

I am further informed by the Garda authorities that the personnel strength of the DMR West Garda Division on 31 May 2005 and on 6 February 2007 was as set out in the table hereunder:

Station

Rank

31/05/2005

06/02/2007

Blanchardstown

Chief Superintendent

1

1

Superintendent

2

2

Inspector

5

5

Sergeant

23

24

Garda

136

143

Cabra

Inspector

1

1

Sergeant

11

10

Garda

50

57

Finglas

Inspector

1

1

Sergeant

9

8

Garda

72

78

Lucan

Superintendent

1

1

Inspector

4

3

Sergeant

9

6

Garda

56

59

Leixlip

Sergeant

3

3

Garda

23

22

Ronanstown

Inspector

1

1

Sergeant

14

15

Garda

72

75

Ballyfermot

Inspector

1

1

Sergeant

11

14

Garda

64

75

Clondalkin

Superintendent

1

1

Inspector

2

2

Sergeant

11

10

Garda

69

78

Rathcoole

Inspector

1

0

Sergeant

2

2

Garda

23

21

Total

679

719

The personnel strength (all ranks) of the DMR West Garda Division as at 31 December 1997 and as at 6 February 2007 was 513 and 719 respectively. This represents an increase of 209 (or 40.2%) in the number of Gardaí allocated to the Division since that date.

I am further informed that the Division's resources are further augmented by a number of Garda National Units such as the Garda National Drugs Unit, the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau (CAB) and other specialised units, all of which have had increased resources.

The Garda authorities state that the number of Community Gardaí in the DMR West Division on 31 May 2005 and on 6 February 2007 was as set out hereunder:

Community Gardaí

31/05/2005

06/02/2007

Blanchardstown

18

20

Cabra

4

7

Finglas

12

10

Lucan

7

7

Leixlip

4

3

Ronanstown

12

10

Ballyfermot

10

9

Clondalkin

11

11

Rathcoole

1

1

Total

79

78

The Deputy should appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers.

Under the Garda Síochána Act 2005 it is the responsibility of the Garda Commissioner to allocate personnel to and within Divisions on a priority basis in accordance with the requirements of different areas. In this regard, I am informed by Garda management that personnel allocations are determined by a number of factors including demographics, crime trends and other operational policing needs. Garda management state that 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 allocation of Garda resources will be kept under review and when additional personnel next become available the needs of the DMR West Garda Division will be fully considered within the overall context of the needs of Garda Divisions throughout the country.

Crime Levels.

Joan Burton

Question:

226 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform his proposals to deal with the number of unsolved murders, gangland killings and other serious crimes committed in recent years in the Dublin 15 area which remain unsolved; his views on whether confidence in the criminal justice system is eroded by failure to apprehend people who commit serious criminal acts; and if he will make a statement on the matter. [4417/07]

I assure the Deputy that I consider murder to be the most heinous of crimes. The significant resources which are being made available to An Garda Síochána are being brought to bear in a focused and methodical way on bringing the persons involved in these crimes to account. An Garda Síochána's policing pans continue to target crime, including organised crime, in our community.

All killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána. While the term "gangland murders" tends to be widely used in the media in referring to the nature of certain unlawful killings and speculation in this respect is understandable, this does not correspond to the manner in which An Garda Síochána classifies crime or particular offences. Caution is necessary in ascribing particular motives to any particular incident as, potentially, this might jeopardise the procedures which need to be followed for the proper investigation and prosecution of offences.

Operation Anvil is central to the strategy of the Garda Síochána in combating serious 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 the increase of 34% in detections of possession of firearms in the fourth quarter of 2006 which I believe has contributed to the reduction of 3.4% in discharges of firearms. I believe that Operation Anvil has also contributed to the increase in that quarter of detections of offences of possession of drugs for sale or supply which is closely associated with many murders using firearms.

I am informed by the Garda authorities that almost 600 people have been arrested in connection with serious criminal activities in the Dublin Metropolitan Region West Division since the commencement of Operation Anvil. In addition there have been in excess of 6,000 Garda searches, 9,500 Garda checkpoints, and 2,000 cars seized in the Division.

The personnel strength of the Organised Crime Unit at the National Bureau of Criminal Investigation has been augmented to address the problem of gangland activity. Enforcement by the Unit has resulted in a number of arrests, seizure of firearms, substantial quantities of drugs been seized and the disruption of criminal activities.

Recent events, particularly the deaths of wholly innocent members of the public caught up in internecine gangland conflict, have made it tragically clear that what has been achieved already must be built on so that we can protect our society from the dangers in our midst. A Government can have no greater priority than the safety of its people and it is against that background that we have taken a series of decisions which involve a comprehensive programme of measures to ensure that the full resources of the State are brought to bear as never before against the activities of those who have showed a callous disregard for the rule of law.

On 19 December last, the Government agreed my proposals for an unprecedented package of measures which includes:

A further increase of 1,000 in the strength of An Garda Síochána to bring the total to

15,000 over the next three years;

A proportionate increase in the targeted strength of the Garda Reserve from 900 to 1500;

Sanction for 300 additional civilian administrative support posts for An Garda Síochána;

The recruitment of the seven senior civilian posts recommended in the recent reports from the Garda Síochána Inspectorate and Senator Maurice Hayes;

An increase in the retirement age for Gardaí, Sergeants and Inspectors from 57 to 60;

Increased staffing for the Forensic Science Laboratory, the office of the Director of Public Prosecutions and the Courts Service; and

No limit on funds available for the Witness Protection Programme.

I will also be shortly be putting further legislative proposals to Government. I have been informed by the Garda authorities that the personnel strength of Blanchardstown Garda station, which covers the Dublin 15 area, as at 31 December, 1997 and 31 January, 2007 was 89 and 176 respectively. This represents an increase of 87 (or 97.75%) in the number of personnel allocated. Divisional resources are further augmented by a number of Garda National Units such as the Garda National Drugs Unit, the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau (CAB) and other specialised units, all of which have been allocated increased resources.

Joan Burton

Question:

227 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform the figures for serious crimes such as homicide broken down by category, fraud, burglary and sexual offences for the Dublin west district; the same figures for the Dublin 15 area; the percentage of cases for all these categories in both the Dublin west district and in the Dublin 15 area for which proceedings were initiated and convictions were recorded; and if he will make a statement on the matter. [4418/07]

Headline crime statistics for the Garda Division of Dublin West are contained in the relevant Garda Annual Reports, copies of which are available in the Oireachtas Library. I am informed by the Garda authorities that crime statistics are compiled on the basis of Garda operational areas and do not correspond to postal districts.

Following the submission to me in 2004 of a report and recommendations by an expert group on crime statistics, I decided that the compilation 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 has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, I am pleased to note that the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics for the third and fourth quarters of 2006. In addition, it has compiled and published a series of quarterly and annual statistics for the period starting with the first quarter of 2003. I understand that the CSO are examining how the crime statistics published might be expanded and made more comprehensive.

I have requested the CSO to provide the Deputy directly with the information sought by her.

Garda Strength.

Joan Burton

Question:

228 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform the strength in each of the Garda divisions, with a breakdown of the numbers in each division by area and by full-time and part-time; and if he will make a statement on the matter. [4419/07]

I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Domestic Violence.

Aengus Ó Snodaigh

Question:

229 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform when his Department will make a decision on the future of the National Domestic Violence Intervention Agency including its funding and extension; and if he will confirm that this decision will be made within the next three months. [4425/07]

I would refer the Deputy to my reply to Parliamentary Question No. 211 of 6 February 2007. I have nothing further to add to that response.

Garda Equipment.

Simon Coveney

Question:

230 Mr. Coveney asked the Minister for Finance if the Government will sign a contract with a consortium including a company (details supplied) for the provision of a tetra digital radio system for An Garda Síochána; the value of the contract; the parties involved; and when the contract is expected to be signed. [4194/07]

An InterAgency Group chaired by my Department has conducted an EU Procurement competition for the provision of national digital radio services to the non-commercial public sector. Following a detailed evaluation of the proposals received, my Department announced Tetra Ireland as the preferred bidder. Tetra Ireland is a consortium comprising eircom, Sigma Wireless and Motorola. Tetra Ireland must now undertake a Service Performance Evaluation at its own risk and cost to prove its capability to deliver the service solution it proposed. It is envisaged that this evaluation should be completed in approximately 6 months. Any award of contract is dependent on Tetra Ireland concluding both this evaluation and contract discussions to the satisfaction of the InterAgency Group and my Department.

Any contract arising from these exercises will not have a particular value. Rather, it will establish a drawdown facility that will be available to all non-commercial public bodies to use at their discretion. The costs to individual public bodies will be directly related to their level of take-up and the usage they make of the radio services.

Tax Code.

Ivor Callely

Question:

231 Mr. Callely asked the Minister for Finance the determinations made by the Revenue Commissioners under section 482 of the Taxes Consolidation Act 1997 over the past ten years; and if he will make a statement on the matter. [3855/07]

Ivor Callely

Question:

233 Mr. Callely asked the Minister for Finance the level of claims by owner or occupiers of stately homes in private ownership which avail of tax concessions on the basis that the building is intrinsically of significant scientific, historical, architectural or aesthetic interest and where reasonable access is afforded to the public; the stately homes that qualified for such tax concessions over the past five years; and if he will make a statement on the matter. [4186/07]

I propose to take Questions Nos. 231 and 233 together.

Section 482 provides relief for expenditure incurred on the repair, maintenance and restoration of a building or garden which is determined by the Minister for the Environment and Local Government to be intrinsically of significant scientific, historical, architectural or aesthetic interest and in respect of which the Revenue Commissioners have given a determination that reasonable access is afforded to the public or that the building is a guest house approved by Fáilte Ireland and open for at least 6 months in any calendar year.

I am advised by the Revenue Commissioners that in the past ten years 144 determinations were made under Section 482 Taxes Consolidation Act, 1997. I am further informed by the Revenue Commissioners that 2003 is the most recent year for which figures on the cost of the scheme to the Exchequer are available. In that year claims under the scheme resulted in a cost of €2.1 million. In the five years from 1999-2000 to 2003 it is estimated that claims under the scheme amounted in total to a cost of €12.8 million.

The latest list of properties which have benefited under the scheme is available on the Revenue Commissioners' website at www.revenue.ie under the heading “Publications”. The list is no. 23 on the “List of bodies and organisations that qualify for relief”. Lists for earlier years are available in booklet form only and arrangements are being made to have copies sent to the Deputy.

Ivor Callely

Question:

232 Mr. Callely asked the Minister for Finance the progress made with taxation levels here over the past ten years; the progress being made in the area of corporation tax; the benefits that have resulted; and if he will make a statement on the matter. [4185/07]

The Deputy will be aware of the commitment contained in the Government Programme to keep down personal and business taxes in order to strengthen and maintain the competitive position of the Irish economy. When this Government came to office in 1997, the rates of business and personal taxes were still high compared with today's rates. The standard corporation tax rate was 36% and income tax rates were 26% and 48%, respectively. Over the last eight years, corporation tax has been reduced to a standard 12.5% and the income tax rates reduced to 20% and 41%, respectively.

A lower direct tax regime combined with reducing the public debt burden is more conducive to social and economic progress than policies which would give rise to high taxation and high levels of public spending. In this regard, Ireland offers one of the most enterprise-led corporate tax environments in the world. The 12½% corporation tax rate continues to support the necessary stable enterprise environment which the Government have sought to develop over the last number of years. This has been one of the main elements in the attraction and development of top quality investment in Ireland.

Since this Government came to office in 1997, the system of personal tax allowances has been replaced with a more equitable system of personal tax credits, the value of the basic personal tax credits has increased significantly, the higher and standard rates of tax have been reduced from 48% to 41% in the case of the higher rate and from 26% to 20% in the case of the standard rate and the standard rate band has been widened considerably for all categories of taxpayer (single, married one-earner and married two-earner). The single and married two-earner bands have increased by over 170% in the period while the married one-earner band has increased by 71%.

Arising from these structural changes to the income tax system, the position is that: average tax rates have fallen for all categories of taxpayer since 1997; for 2007, the single employee earning the minimum wage will pay no tax on his or her earnings (in addition, as a result of changes in the PRSI system, the person has no liability for PRSI so that he or she keeps 100% of his or her earnings); the person earning the average industrial wage in 2007 will not face a liability for higher rate tax; 80% of income earners will pay no more that 20% tax on their incomes in 2007; in international terms, for the single worker on average earnings, the latest OECD data relating to the year 2005 indicate that Ireland has the lowest tax wedge in the EU. This has been the case in each of the six years 2000 to 2005. We also have one of the lowest tax wedges in the entire OECD; for a married one-earner couple with two children on average earnings, Ireland has the lowest tax wedge in the entire OECD. In addition, when cash transfers from the State are taken into account, such couples face a negative burden in Ireland because they receive more in the cash transfers than they pay out in tax and social security contributions. Ireland is the only OECD country where this is the case.

I am in no doubt that the low direct tax policies pursued by the Government over the last 10 years have been remarkably successful in developing enterprise and jobs and in encouraging labour market participation.

Question No. 233 answered with QuestionNo. 231.

John Gormley

Question:

234 Mr. Gormley asked the Minister for Finance the reason tax breaks for private hospitals represents good value for money and if he will make a statement on the matter; and if he will make a statement on the matter. [41446/06]

I believe so. The scheme of capital allowances for the construction of private hospitals was reviewed by Indecon Economic Consultants as part of the overall review of property tax incentives in 2005. Indecon consulted widely in the course of their review, including consultations with the Department of Health and Children and the Health Service Executive. The report was published on 6 February 2006 and is available on my Department's website. Among the findings of the review, it is stated that "While it is too early to provide detailed estimates of the impact of the scheme on the supply and on the costs of hospital beds, Indecon believes the scheme has the potential to address supply shortages in the sector and to reduce costs."

What we need are more hospital facilities. If we can fund these at 41% of the cost, this is clearly better than funding them directly at 100%.

Motor Taxation.

Enda Kenny

Question:

235 Mr. Kenny asked the Minister for Finance if his attention has been drawn to the measures used by the Revenue Commissioners to detect foreign registered cars present here who fail to re-register after 12 months; the number of estimated vehicles which fall into this category; the number detected for this offence in 2005 and 2006; and if he will make a statement on the matter. [4229/07]

I am advised by the Revenue Commissioners that their officers, who are based at numerous locations around the country, carry out regular and ongoing checks to identify and deal with breaches of Vehicle Registration Tax Regulations as regards the use of foreign registered vehicles in the State. Revenue also periodically carry out co-ordinated national enforcement campaigns to detect infringements of the law in this area.

Details of enforcement activity focused on foreign registered vehicles for the years 2005 and 2006 are set out below. The significant increase in the number of vehicles challenged during 2006 reflects the efforts being made to tackle abuse in this area

Year

Vehicles challenged

Written warnings

Seizures

Convictions

2005

11,876

2,783

910

23

2006

14,531

3,795

981

8

The Revenue Commissioners also inform me that while the law, in certain circumstances, provides for exemption from the registration requirement for foreign registered vehicles brought temporarily into the State, there is no requirement for such vehicles to be presented to the Revenue Commissioners to avail of the relief. Therefore, the details of such vehicles are not normally captured or held in the vehicle registration system and data on the number of persons availing of the temporary exemption at any particular point in time, or who have availed of it prior to registration, is not available.

Question No. 236 answered with QuestionNo. 172.

Decentralisation Programme.

Jack Wall

Question:

237 Mr. Wall asked the Minister for Finance the position regarding the purchase of a site for the transfer of his Department to County Kildare as part of the decentralisation programme; if a site has been chosen; if the price of the site has changed since purchase negotiations started; and if he will make a statement on the matter. [4233/07]

The Commissioners of Public Works are currently assessing a number of possibilities for a permanent accommodation solution in Kildare town for the Department of Finance and the Revenue Commissioners. The evaluation process has still to be completed. When the preferred option has been decided, negotiations for acquisition will commence.

National Development Plan.

Pat Rabbitte

Question:

238 Mr. Rabbitte asked the Minister for Finance the role his Department will play in supervising delivery of the overall national development plan launched on 23 January 2007; and if he will make a statement on the matter. [2249/07]

Pat Rabbitte

Question:

239 Mr. Rabbitte asked the Minister for Finance the areas of the new national development plan for which his Department has direct responsibility; and if he will make a statement on the matter. [2248/07]

Caoimhghín Ó Caoláin

Question:

241 Caoimhghín Ó Caoláin asked the Minister for Finance the role he played in formulating the national development plan; their role in implementing the plan; and if he will make a statement on the matter. [2101/07]

I propose to take Questions Nos. 238, 239 and 241 together.

My Department was responsible, under the general direction of Government, for coordinating the preparation and drafting of the Plan. This included commissioning an ex ante evaluation of the investment priorities from the Economic and Social Research Institute. My Department also conducted a widespread consultation process that ensured that the social partners, regional bodies and other interest groups were given an opportunity to make submissions on their Plan priorities. As part of this consultation process, my Department held two separate consultation seminars, one in Dublin and one in Tullamore last year.

Overall coordination of monitoring and implementation of the Plan will be the responsibility of Sectoral Policy Division of my Department. In general, implementation of specific Plan investment at programme and project level will, in the first instance, be the responsibility of the relevant Government Departments and Agencies.

I will be establishing a Central Monitoring Committee to monitor the implementation of the Plan. The Committee, which will be chaired by my Department, will have representatives from: Government Departments and public bodies involved in the implementation of the Plan; the Regional Assemblies and Regional Authorities; the four pillars of Social Partnership; and appropriate representation from a relevant Government Department or an appropriate statutory body for both equal opportunity and environmental interests.

My Department will also coordinate the drafting of a focussed Plan reporting template that will be aimed at monitoring progress on Plan financial and physical outputs and outcomes and on progress on the horizontal themes of Regional Development, All-Island dimension and Environmental Sustainability. Reporting and monitoring of VFM for Plan investment will also be included. It is hoped to finalise this reporting and monitoring framework as early as possible this year.

My Department will also produce an annual report on implementation of the Plan that will be submitted to the Government and subsequently laid before the Houses of the Oireachtas where it shall be subject to debate. The first such report will be produced in 2008 in respect of 2007.

Departmental Properties.

Joan Burton

Question:

240 Ms Burton asked the Minister for Finance if a planning application has been submitted to convert the Department of Justice, Equality and Law Reform building on Main Street, Blanchardstown, for use as a driving test centre; the expected timeline for the renovation of the building; and if he will make a statement on the matter. [4241/07]

Final preparations are under way on the submission of a planning application to the Local Authority. The expected timeline for the renovation of the building will be subject to grant of planning permission.

Question No. 241 answered with QuestionNo. 238.

Pension Provisions.

Billy Timmins

Question:

242 Mr. Timmins asked the Minister for Finance the position in relation to a person (details supplied) in County Wicklow; if the person can contribute to their pension; and if he will make a statement on the matter. [4248/07]

I am advised by the Revenue Commissioners that the taxpayer concerned is now aged over 75 and is thus precluded, in accordance with tax legislation, from making a tax allowable PRSA contribution.

A tax credit certificate will be issuing to the taxpayer within the next number of days. Should he have any specific queries in regard to the other aspects of his tax affairs he should contact his local tax office in the Wicklow District.

Tax Code.

Catherine Murphy

Question:

243 Ms C. Murphy asked the Minister for Finance if he will introduce measures to provide single parents with similar tax relief arrangements to those enjoyed by married couples in order to ensure that where both parents contribute to the upbringing of a child but are not married they may each still avail of much needed tax reliefs; and if he will make a statement on the matter. [4251/07]

The position is that a lone parent, whether single, separated, divorced or widowed, may claim the one parent family tax credit if they have qualifying dependant children, and if they are not cohabiting with another person as man and wife.

The personal relief for lone parents was introduced as a tax allowance in 1979 in recognition of the circumstances where additional costs involved in child rearing in a one parent situation compared to where both parents are present.

The one parent family tax credit combined with the basic personal tax credit gives a lone parent the same value in tax relief as the married personal tax credit. In addition, entitlement to the one parent family tax credit means that the lone parent will also be entitled to the lone parent standard rate band which for 2007 will be €38,000 (€4,000 greater than the standard band for a single person).

The one parent family tax credit may also be claimed by each parent in cases where parents live separately and where the child or children resided with each parent for part of the year. The Revenue Commissioners deem this requirement to be met if the child is so resident at least one night during the year.

I am generally satisfied with the current tax treatment of lone parents.

However, as indicated above, the credit may not be claimed by either party in a cohabiting couple as this would undermine the key purpose of the relief which is to assist lone parents raising children on their own.

In relation to couples who cohabit, generally speaking the tax system treats the members of such couples as separate and unconnected individuals. Each partner is a separate entity for tax purposes and credits and bands and reliefs cannot be transferred from one partner to the other. There are no special favourable tax arrangements for cohabiting couples with dependent children.

The Working Group Examining the Treatment of Married, Cohabiting and One-Parent Families under the Tax and Social Welfare Codes, which reported in August 1999, was sympathetic, in principle, to changes in the tax legislation to address the issues raised relating to cohabiting couples and reported that the options that it set out should be considered further. However, it acknowledged in relation to the tax treatment of cohabiting couples that a key issue is whether tax law should proceed ahead of changes in the general law.

There are a number of recent reports which will help to inform the Government's deliberations in this general area including:

the Tenth Progress Report of the Oireachtas All-Party Committee on the Constitution entitled ‘The Family' which was published in early 2006;

the Options Paper presented to the Minister for Justice, Equality and Law Reform in November 2006 by the Working Group on Domestic Partnership; and

the Report of the Law Reform Commission on the rights and duties of cohabitants which was published in December 2006.

I previously put on the record of the House that I would view as problematic and unwise a situation where changes in the tax code relating to the treatment of couples would set a headline in advance of developments in other relevant areas of public policy, for example, in the area of legal recognition of relationships other than married relationships. I am still of that view.

National Development Plan.

Jack Wall

Question:

244 Mr. Wall asked the Minister for Finance the completed projects within Kildare that were proposed under the last national development plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4292/07]

My Department does not maintain data on the status of individual projects or investments under the NDP as this is a matter for individual Departments and Agencies who are responsible for project funding and project implementation. However, the NDP information website (www.ndp.ie) provides information on certain projects categorised on a county basis and the Deputy may wish to refer to that website for information on projects in County Kildare.

With regard to the new NDP (2007-2013) the compilation of county level project details will continue at the above mentioned website. As the Deputy will appreciate it is not possible to indicate at this point in time all projects that will be completed in any county over the period to 2013. I anticipate, however, that County Kildare will benefit from the substantial investment being made across the 5 Priorities, 28 Programmes and 86 Sub-Programmes that comprise the NDP investment of €184bn. As one example, I would point out that the Dublin Gateway, whose development challenges and requirements are specifically dealt with in the Regional Development Chapter of the NDP, embraces not only the City and County of Dublin but parts of the surrounding counties of Meath, Wicklow and Kildare. County Kildare will, therefore, directly benefit from much of the investment associated with the Dublin Gateway, particularly in the transport area, for example investment in suburban rail, such as the Kildare line.

Departmental Properties.

Catherine Murphy

Question:

245 Ms C. Murphy asked the Minister for Finance if the sale to the State of Batty Langley Lodge has concluded; if not, the stage it is at; when it is planned to open the gates on the lodge; if there is a development programme for the lodge; and if he will make a statement on the matter. [4303/07]

The sale of the Batty Langley Lodge to the State has concluded. A development programme for the Castletown Estate is currently being drawn up and will include the Gates and the Lodge.

Tax Code.

Seymour Crawford

Question:

246 Mr. Crawford asked the Minister for Finance his views on treating partners (details supplied) in County Monaghan who are looking after their children in the same way for tax purposes as they are for social welfare; but they are not considered as a connection to their spouse for tax purposes; if he will justify the situation; and if he will make a statement on the matter. [4367/07]

The position is that there are no special income tax reliefs for unmarried couples living together. In this context, tax law follows the general law relating to marriage. Generally speaking, the basis for the current taxation of married couples derives from the Supreme Court decision in Murphy vs the Attorney General (1980) which held that it was contrary to the Constitution for a married couple to pay more tax than two single people living together. The tax treatment of unmarried couples who cohabit was unaffected by the Murphy Judgement. Each partner is taxed as a single person and each is entitled to the tax credits and standard rate band appropriate to single persons. There are no special tax arrangements for cohabiting couples with dependent children.

The treatment of married and cohabiting couples under the social welfare code is primarily a matter for the Minister for Social and Family Affairs. However, I should point out to the Deputy that in the Hyland case in 1989 the Supreme Court held that it was unconstitutional for the relevant social welfare provisions to treat a married couple living together less favourably than an (unmarried) cohabiting couple. Broadly speaking, this judgement has been put into effect by treating cohabiting couples in the same way as married couples for social welfare purposes.

The Working Group Examining the Treatment of Married, Cohabiting and One-Parent Families under the Tax and Social Welfare Codes, which reported in August 1999, was sympathetic, in principle, to changes in the tax legislation to address the issues raised relating to cohabiting couples and reported that the options that it set out should be considered further. However, it acknowledged in relation to the tax treatment of cohabiting couples that a key issue is whether tax law should proceed ahead of changes to general law.

There are a number of recent reports which will help to inform the Government's deliberations in this general area including:

the Tenth Progress Report of the Oireachtas All-Party Committee on the Constitution entitled ‘The Family' which was published in early 2006;

the Options Paper presented to the Minister for Justice, Equality and Law Reform in November 2006 by the Working Group on Domestic Partnership; and

the Report of the Law Reform Commission on the rights and duties of cohabitants which was published in December 2006.

I previously put on the record of the House that I would view as problematic and unwise a situation where changes in the tax code relating to the treatment of couples would set a headline in advance of developments in other relevant areas of public policy, for example, in the area of legal recognition of relationships other than married relationships. I am still of that view.

Garda Stations.

Bernard J. Durkan

Question:

247 Mr. Durkan asked the Minister for Finance if a tender has been awarded or a contractor appointed in the matter of the provision of the proposed new Garda station at Leixlip, County Kildare; the full extent of the accommodation to be provided there; when it is expected that the works will be completed and the station becomes fully operational having particular regard to the fact that it is more than ten years since the initial approval of the project; and if he will make a statement on the matter. [4391/07]

A contract has been placed for the construction of the new Garda station for Leixlip, Co. Kildare which comprises 1,145 square metres of accommodation for An Garda Síochána. The contract period is eighteen months and construction is expected to be completed in Autumn 2008.

Decentralisation Programme.

Bernard J. Durkan

Question:

248 Mr. Durkan asked the Minister for Finance the projected costs associated with decentralisation; the initial projection in this regard when the scheme was first announced; the number of persons to date relocated under the scheme as a percentage of the original projection; and if he will make a statement on the matter. [4393/07]

When the Government's Decentralisation Programme was first announced, it was stated that the overall objective would be to ensure that property being acquired at a regional level is matched as closely as possible, both in time and in cost terms, by the disposal of property currently held in the Dublin region, whether held on lease or otherwise. In November 2004 the Decentralisation Implementation Group prepared a report on the procurement methodology and financial assessment of the property aspects of the programme, including a financial model, based on a property finance study carried out by the Office of Public Works. While the prevailing property market conditions in each area will have a bearing on cost, this model indicates that the break even position in relation to property will be reached in about 20 years.

Initial costings of the Decentralisation Programme estimated a gross cost of approximately €900m in respect of procuring sites and office accommodation for the Programme. This financial model for the Programme also includes estimates of receipts from sales of State owned property in Dublin which will be surplus to requirements post-decentralisation. The financial model is currently being updated by OPW. While individual aspects of the underlying assumptions may have changed, current indications are that the property elements of the Programme will be achievable within the original €900m gross estimate.

In terms of actual outlay to date, the total amount committed in principle by the OPW on site acquisition costs, excluding VAT, is approximately €53.6 million. Expenditure to date is approximately €38.4 million.

A study was commissioned by the Decentralisation Implementation Group (DIG) which provides a model for identifying non-property costs and savings that arise both during the relocation phase and in the context of a post-decentralised civil service. Decentralising organisations have been asked to use this model to make periodic reports identifying non-property costs incurred and savings made both since the programme was announced and in its implementation in the future. Expenditure to June 2006 is reported at €3.3 million. Expenditure to end December 2006 is currently being collated by Departments and will be made available to the Deputy as soon as this process is completed.

At the end of December 2006, over 2,400 staff had been assigned to decentralising posts, which represents just over 22% of the total originally announced in Budget 2003. Some 700 of these are currently in place, in 15 new locations, while the remainder are being trained in advance of decentralisation to a new location, as soon as accommodation becomes available.

It is envisaged that by the end of 2007 public services will be delivered from 33 of the decentralisation towns with approximately 2,000 staff transferred. The OPW conducts a review of the property timeframes for permanent accommodation on an ongoing basis. Based on its experience to date in relation to timeframes for property selection and acquisition, brief and design issues, tendering periods, planning issues and contractual arrangements, it has provided an updated schedule of the likely availability of accommodation.

This schedule allows for the planned movement of up to 6,800 staff in the next three years in line with the timeframes set out in the June 2005 report of the DIG. The delivery time for some locations will be later than originally projected, however, leading to a greater concentration of moves in 2009 rather than in 2008. Matters outside the control of the OPW, which could give rise to delay, will continue to be monitored and mitigating action taken where possible.

I am satisfied that good progress continues to be made on this ambitious programme and I look forward to seeing the fruits of this as the programme continues to be rolled out over the next few years.

Price Inflation.

Bernard J. Durkan

Question:

249 Mr. Durkan asked the Minister for Finance if he is in a position to identify, isolate and deal with the issue of inflation not reflected in the CPI; and if he will make a statement on the matter. [4394/07]

The Director General of the Central Statistics Office has sole responsibility for, and is independent in, deciding the statistical methodology and professional standards to be used in compiling the Consumer Price Index (CPI).

The CPI is designed to measure the change in the average level of the prices paid by consumers for goods and services. It measures in index form the monthly changes in the cost of purchasing a representative basket of consumer goods and services.

Maintaining a moderate rate of inflation remains a key priority of economic policy because of its importance in restoring competitiveness.

Disabled Drivers.

Bernard J. Durkan

Question:

250 Mr. Durkan asked the Minister for Finance when it is expected to implement the recommendations of the interdepartmental group dealing with the Disabled Drivers Disabled Passengers Tax Concession 1994 Regulations; and if he will make a statement on the matter. [4395/07]

A special Interdepartmental Review Group reviewed the operation of the Disabled Drivers Scheme. The terms of reference of the Group were to examine the operation of the existing scheme, including the difficulties experienced by the various groups and individuals involved with it, and to consider the feasibility of alternative schemes, with a view to assisting the Minister for Finance in determining the future direction of the scheme.

The Group's Report, published on my Department's website in July 2004, sets out in detail the genesis and development of the scheme. It examines the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The Report also makes a number of recommendations, both immediate and long-term, referring respectively to the operation of the appeals process and options for the future development of the scheme.

In respect of the long-term recommendations, including the qualifying disability criteria, given the scale and scope of the scheme, further changes can only be made after careful consideration. For this reason, the Government decided that the Minister for Finance would consider the recommendations contained in the Report of the Interdepartmental Review Group in the context of the annual budgetary process having regard to the existing and prospective cost of the scheme. This consideration is undertaken on a regular basis.

Drainage Schemes.

Bernard J. Durkan

Question:

251 Mr. Durkan asked the Minister for Finance the discussions that have taken place between his Department and Kildare County Council with reference to cleaning and drainage of the Slate River, Allenwood, Naas, County Kildare; and if he will make a statement on the matter. [4396/07]

The Slate River forms part of the Rathangan Drainage District and maintenance of this river is therefore a matter for the Local Authority. The Office of Public Works carried out drainage works on the River Slate in 2003, as agents for Kildare County Council, and there are no proposals to carry out further works.

Flood Relief.

Bernard J. Durkan

Question:

252 Mr. Durkan asked the Minister for Finance if his Department have to date completed their discussions and proposals in relation to the alleviation of flooding at Mill Lane, Leixlip, County Kildare; and if he will make a statement on the matter. [4397/07]

The Commissioners of Public Works are engaged in continuing discussions with Kildare County Council in relation to flood relief proposals for Mill Lane, Leixlip, Co. Kildare. It is envisaged that subject to agreement by all affected parties and adherence to a tight timeframe, construction will commence on flood alleviation measures for the Mill Lane area in early Summer 2007.

Bernard J. Durkan

Question:

253 Mr. Durkan asked the Minister for Finance the extent of discussions which have taken place between his Department and the various local authorities throughout the country with a view to achieving an acceptable drainage plan for the alleviation of flooding; and if he will make a statement on the matter. [4398/07]

As lead agency for implementing the national flood policy the Office of Public Works works closely with Local Authorities, who are the State's front-line responders to flooding incidents. Local Authorities and the OPW are represented on a number of inter-agency committees guiding implementation of the policy. Their officials also sit on various project-specific steering groups established by OPW, including those involved with implementing flood relief schemes and drawing up catchment flood risk assessment and management plans.

I announced on 18th January, 2007 that the Commissioners of Public Works would work with Local Authorities to try to identify solutions to localised flooding incidents. Discussions are ongoing between OPW and various Local Authorities in this regard.

Greenhouse Gas Emissions.

Bernard J. Durkan

Question:

254 Mr. Durkan asked the Minister for Finance if he has had discussions with the motor industry with a view to the utilisation of modern technology to achieve reduced emissions; his proposals to incentivise in this area; and if he will make a statement on the matter. [4399/07]

I have not had any specific discussions with the motor industry on the utilisation of modern technology to reduce emissions. Cars are not manufactured in Ireland and consequently our capacity to influence matters is primarily focussed on supporting, at European level, proposals aimed at targeting lower emission standards for cars sold or manufactured in the EU. In any event, proposals concerning emissions from the transport sector are matters for my colleagues, the Minister for Transport and the Minister for Environment, Heritage and Local Government.

However, the Deputy will be aware that I announced on Budget day the commencement of a public consultation on options for revising the VRT system to take greater account of CO2 emissions. If under that consultation, ideas emerge with respect to greater utilisation of modern technology to reduce emissions, they will be examined fully.

Bernard J. Durkan

Question:

255 Mr. Durkan asked the Minister for Finance his plans or proposals to reduce emissions from motor engines; and if he will make a statement on the matter. [4400/07]

I announced on Budget day the commencement of a Public Consultation on Options for revising the VRT system to take greater account of CO2 emissions. I invited interested parties to make submissions to my Department by 1 March 2007. A summary of a number of possible Options which are under consideration by my Department was contained in the Budget 2007 documentation and a longer consultation document has also been placed on my Department's website. In addition, an invitation for submissions was advertised in the national daily newspapers on 15 December 2006. A similar consultation is under way on motor tax, which is under the remit of my colleague, the Minister for Environment and Local Government. The intention is that from a target date of January 2008, cars with lower emissions will be rewarded with lower VRT and motor tax while increased taxes would be in place for higher emission cars. In so doing we hope to incentivise consumer behaviour which would be less harmful to the environment.

Another way of reducing emissions is to incentivise the purchase of alternative motor fuels. In this regard, I am pleased to inform the Deputy that in Finance Act 2006 I provided for significant tax measures to promote biofuels in Ireland.

This scheme, which received the necessary EU State Aid approval, commenced in November 2006 and will:

provide for excise relief on up to 163 million litres of biofuels per annum;

cost over €200m over 5 years;

when fully operational, result in CO2 savings of over 250,000 tonnes per annum;

meet a target of 2% transport fuel market penetration by biofuels by 2008;

help reduce our dependency on conventional fossil fuels, and

stimulate activity in the agricultural sector.

Tax Code.

Bernard J. Durkan

Question:

256 Mr. Durkan asked the Minister for Finance if he will increase the amount of pure plant oil or ethanol which might benefit from excise relief with a view to greater encouragement of the production bio-fuels; and if he will make a statement on the matter. [4401/07]

While the promotion of biofuels, including pure plant oil and bioethanol, is primarily a matter for my colleague, the Minister for Communications, Marine and Natural Resources, I am pleased to inform the Deputy that in Finance Act 2006 I provided for significant tax measures to promote biofuels in Ireland.

This scheme, which received the necessary EU State Aid approval, commenced in November 2006 and will:

provide for excise relief on up to 163 million litres of biofuels per annum;

cost over €200m over 5 years;

when fully operational, result in CO2 savings of over 250,000 tonnes per annum;

meet a target of 2% transport fuel market penetration by biofuels by 2008;

help reduce our dependency on conventional fossil fuels, and

stimulate activity in the agricultural sector.

The level of excise relief available — and the breakdown of the relief between each of the alternate fuels — is that which had been proposed by the Minister for Communications, Marine and Natural Resources in advance of Budget 2006. It is regarded as a level which is sufficient to match Ireland's output potential in relation to renewable energy crops for motor fuels over the period of the scheme. Consequently, any extension in the amount of relief which formed part of that Budget announcement is not envisaged at this stage. The Deputy will, of course, be aware that there are non-fiscal measures that can be used to promote Biofuels, including pure plant oil and bioethanol. These are, however, outside my remit but are under consideration by the Minister for Communications, Marine and Natural Resources.

Price Inflation.

Bernard J. Durkan

Question:

257 Mr. Durkan asked the Minister for Finance his proposals to combat inflation; and if he will make a statement on the matter. [4404/07]

Inflation, as measured by the average annual change in the Consumer Price Index (CPI), was 4.0 per cent for the year 2006 as a whole. A large proportion of the rise in the annual inflation rate in 2006 was due to external factors, primarily rises in interest rates by the ECB.

Maintaining a moderate rate of inflation remains a key priority of economic policy because of its importance in restoring competitiveness. The Government is focusing on areas it can control and taking positive actions to contain inflation by implementing responsible fiscal policies. For example, we have not increased excise duties for the last three years, apart from tobacco excise, which was done for sound health policy reasons. We are promoting greater price competition through various measures. We are also investing in public infrastructure, as evidenced by the recently announced National Development Plan, which will enhance our ability to produce more goods and services and, by improving the economy's efficiency, keep inflation down. In addition, we recognise that services sector inflation is a cause for concern and this highlights the need for more competition in the economy as well as for pay and profit restraint in all sectors in order to keep our cost base down. We must ensure that the wage increases granted under the Social Partnership agreement, Towards 2016, are reflected in productivity gains.

Tax Code.

John Cregan

Question:

258 Mr. Cregan asked the Minister for Finance the types of taxes imposed on the sale of electric or battery assisted bicycles; his plans to reduce these taxes, in view of the environmental benefits of same; and if he will make a statement on the matter. [4675/07]

Electric bikes are subject to VAT at the standard rate of 21%, with only very minimal VRT charges applying usually less than €20.

In relation to the rate of VAT applicable to bicycles (electric or otherwise), the position is that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Bicycles are subject to the standard VAT rate which in Ireland is 21%. The one exception to this is bikes (Trikes) for the disabled which are zero rated. However, it is no longer possible to extend the zero rate to new goods or services. Furthermore, it would not be possible to reduce the VAT rate applicable to bicycles without reducing the rate for all goods and services subject to the standard VAT rate.

Land Transfers.

Paul Kehoe

Question:

259 Mr. Kehoe asked the Minister for Health and Children when the transfer of lands will go through for a person (details supplied) in County Wexford; and if she will make a statement on the matter. [4206/07]

The Health Service Executive has responsibility for its estate management, including the matter referred to in the Deputy's question. 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.

Mental Health Services.

Breeda Moynihan-Cronin

Question:

260 Ms B. Moynihan-Cronin asked the Minister for Health and Children the progress made with regard to waiting times in view of the fact that the end of January 2007 marks the first anniversary of A Vision of Change; the number of children’s inpatient facilities available; and if she will make a statement on the matter. [4207/07]

The Report of the Expert Group on Mental Health Policy, entitled "A Vision for Change", was launched in January 2006. It provides a framework for action to develop a modern, high-quality mental health service over the next 7 to 10 years. It recommends the provision of two child and adolescent community multidisciplinary mental health teams per 100,000 of the population.

In 2006, a sum of €26.2 million was allocated for the development of mental health services in line with "A Vision for Change". A further sum of €25 million has been allocated in 2007 to continue this development. A significant amount of this year's funding — €7.95 million — is for the development of child and adolescent psychiatric services. This funding will bring about significant improvements in community, hospital-based and early intervention services and provide for the development of new child and adolescent mental health teams.

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. The Executive is, therefore, the appropriate body to consider the particular matters raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matters investigated and to have a reply issued directly to the Deputy.

Services for People with Disabilities.

Marian Harkin

Question:

261 Ms Harkin asked the Minister for Health and Children if there is flexibility in the age criteria with regard to the motorised transport grant; and if she will make a statement on the matter. [4218/07]

The Department of Health and Children Motorised Transport Grant circular of July 2002 states that "a Health Board may pay a grant towards the purchase of a car and/or adaptations to a car being purchased by a person with a severe disability who is 17 years or older and up to 65 years of age, where such a car is essential for him/her to obtain or retain employment. Self-employed persons who satisfy the criteria of eligibility may also be considered (subject to above age limits)." My Department has no immediate plans to amend these eligibility criteria.

However, in February 2006 a Government decision was made to implement the Core Functions of the Health Service Report. The Government decision stated that "income support and maintenance schemes together with associated resources should be transferred to the Department of Social and Family Affairs". It further stated that a Working Group, consisting of Department of Health and Children and Department of Social and Family Affairs should be established to proceed with the implementation.

The Department of Health and Children has therefore established the Inter Departmental Implementation Group — Non Supplementary Welfare Allowance payments and Services — to progress the Government decision in regard to income support and maintenance schemes. It has been decided that Domiciliary Care Allowance, Mobility Allowance, Blind Welfare Allowance and Infectious Diseases maintenance Allowance will transfer to the Department of Social and Family Affairs. Motorised Transport Grant will be retained by the Department of Health and Children and its future will be examined in the context of mainstream transport policy. In this regard the issue of ages limits currently applicable will be considered.

Hospital Services.

Finian McGrath

Question:

262 Mr. F. McGrath asked the Minister for Health and Children if she will ensure that all children with special needs who are receiving hospital treatment are given a little extra space and assistance; the provisions that have been made for these children in the new Children’s Hospital as they will require more space and attention; and if not, if she will plan for same. [4245/07]

The next stage of the process in developing the new National Paediatric Hospital involves the preparation of a high-level framework brief for the new hospital. The brief is being developed for the Joint Transition Group by Rawlinson Kelly & Whittlestone Ltd (RKW), an established UK-based health care planning company. RKW will be advising on a range of issues which will help to inform the design of the new hospital. They will be advising, for example, on the preferred model of care, on the core services to be delivered at the new hospital, and on the additional range of services to be provided outside of the main hospital. RKW have also been requested to advise, as a priority, on the range of services which should be provided outside of the main hospital through the urgent/ambulatory care service, taking account of international best practice in the planning of children's hospital services. The framework brief will also inform decisions in relation to the size and type of accommodation to be provided at the new hospital, for both patients and their parents or guardians.

RKW will be consulting widely in the course of its work, and the input of stakeholders will be of benefit in ensuring the delivery of our shared objective of providing a world-class hospital for the children of this country, including those children who have special needs.

Maternity Protection Rights.

Eamon Ryan

Question:

263 Mr. Eamon Ryan asked the Minister for Health and Children if her Department will support an extension in the breast feeding break provisions for working mothers as provided for under the Maternity Protection Amendment Act 2004 to cater for breast feeding working mothers with children up to two years of age. [4246/07]

The Department of Health and Children recommends that mothers breastfeed their children until they are 2 years of age or older. This recommendation is based on a vast scientific literature demonstrating the substantial health, social and economic importance of breastfeeding. The advantages of breastfeeding include lower infant and young child morbidity and mortality from diarrhoea, other infectious diseases as well as chronic illnesses like asthma, eczema, diabetes, obesity and heart disease later in life. Increasingly research is demonstrating that the health and nutritional advantages of breastfeeding can be maximised in the short, medium and long term by extending its duration into the second year of life and beyond. To make the best practice recommendation for breastfeeding duration more achievable my Department supports an extension to the provision of breastfeeding breaks during the working day for breastfeeding employees.

The current situation is that paid maternity leave lasts for 18 weeks. Within the provisions of the Maternity Protection Amendment Act 2004 mothers, on return to paid employment, are allowed lactation breaks of 1 hour per day for a further 8 weeks maximum. This means that nursing mothers who are in paid employment are enabled to breastfeed their children until each child is 26 weeks old.

However, given that the forthcoming maternity leave provisions provide for 26 weeks paid maternity leave, the provisions of the Maternity Protection Amendment Act 2004 will effectively become obsolete. My Department favours the lactation break facility being extended to mothers beyond the 26 week period.

Any amendment to the Maternity Protection Amendment Act 2004 is a matter for the Tánaiste and Minister for Justice, Equality and Law Reform and I will be writing to him shortly on this issue.

Eamon Ryan

Question:

264 Mr. Eamon Ryan asked the Minister for Health and Children the funding in place to support the strategic action plan for breast feeding; and the timetable and allocations for each aspect of the plan. [4247/07]

Funding for all health services has been provided as part of the Executive's overall vote for health and personal social services in 2007. 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.

General Medical Services Scheme.

Paul Connaughton

Question:

265 Mr. Connaughton asked the Minister for Health and Children the reason persons over 70 years of age in receipt of medical cards have to pay their family doctor to sign the necessary forms to obtain a driving licence; and if she will make a statement on the matter. [4271/07]

In making arrangements for the provision of publicly funded GP services, under the General Medical Services (GMS) Scheme, an agreement was negotiated between the Department of Health and Children and the GP representative body, the Irish Medical Organisation (IMO). The provisions of this agreement took the form of the current GMS GP Capitation Contract. This contract is a treatment based contract and gives effect to the statutory requirement to provide free GP medical and surgical services to eligible people which includes people aged 70 and over who are automatically entitled to a medical card. The contract stipulates that the fees paid to GMS GPs are not made in respect of certain certificates which may be required for example "under the Social Welfare Acts or for the purposes of insurance or assurance policies or for the issue of driving licences". As these non-treatment type services are outside of the GMS GP contract it is a matter between the GP and the person seeking the particular services to agree a fee.

While certificates for driving licence applications are provided by medical practitioners they are not a medical treatment service and are not considered a core aspect of public health service provision.

Hospitals Building Programme.

Jack Wall

Question:

266 Mr. Wall asked the Minister for Health and Children the completed projects within Kildare that were proposed under the last national development plan by her Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if she will make a statement on the matter. [4293/07]

The HSE has responsibility for the planning and management of capital projects in the health sector, including the NDP developments referred to in the Deputy's question. 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.

Pension Provisions.

Marian Harkin

Question:

267 Ms Harkin asked the Minister for Health and Children if there is flexibility with regard to retirement age within the Health Service Executive for people who were employed before 1 April 2004 (details supplied); and if she will make a statement on the matter. [4299/07]

The Public Service Superannuation (Miscellaneous Provisions) Act 2004 removed the compulsory retirement age for new entrant public servants from 1 April 2004.

Under the Act, a new entrant is a person who takes up employment as a public servant on or after 1 April 2004. Or, a person who was serving in a public service body prior to 31 March 2004 and left such an office for a period greater than 26 weeks.

An employee of the Health Service Executive whose service commenced prior to 1 April 2004 has a minimum pension age of 60 and a maximum retirement age of 65. Should such an employee cease service with the HSE and regain employment with a break of more than 26 weeks they would be deemed to be a new entrant and therefore no maximum retirement age would apply to them under the terms of the 2004 Act.

There are no plans to extend the retirement age for existing employees.

Health Services.

James Breen

Question:

268 Mr. J. Breen asked the Minister for Health and Children if she will provide funding for a dementia unit for the Clarecastle day care centre; and if she will make a statement on the matter. [4383/07]

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

Hospital Staff.

Emmet Stagg

Question:

269 Mr. Stagg asked the Minister for Health and Children if she will extend the SKILL programme into private hospitals such as the Bon Secours Hospital; and if she will make a statement on the matter. [4384/07]

Over 120,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Actual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter 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 to the Deputy.

Family Support Services.

Aengus Ó Snodaigh

Question:

270 Aengus Ó Snodaigh asked the Minister for Health and Children when a decision will be made on the way the €4.5 million allocated to addressing domestic violence in the Budget 2007 will be spent; and the breakdown covering the amount the various organisations and services will receive for 2007. [4424/07]

The Deputy's question relates to the funding, 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.

Harbours and Piers.

James Breen

Question:

271 Mr. J. Breen asked the Minister for Communications, Marine and Natural Resources if he will provide funding for the development of Doonbeg Pier, County Clare; and if he will make a statement on the matter. [4190/07]

Doonbeg Pier is owned by Clare County Council and responsibility for its repair and maintenance rests with the local authority in the first instance. In 2005 the Department, on behalf of the County Council, undertook a study to examine and report on hydrodynamic conditions at Doonbeg Pier and the effect of various pier and breakwater development options and to outline the estimated costs associated with the various options. The study is now complete and is being examined by the Department's Western Engineering Division at present. A report outlining the best way forward for the development of Doonbeg Pier will be available by end February 2007. In advance of this report being completed the Department intends to meet with Clare County Council and the local pier users as a possible phasing of the various options would have to be considered.

We have recently received a proposal for funding in 2007 from Clare County Council for works at Doonbeg to include a new slipway and dredging adjacent to the pier. This request will be considered under the 2007 Fisheries and Coastal Infrastructure Programme taking into account Exchequer funding and overall national priorities.

Fisheries Protection.

Jan O'Sullivan

Question:

272 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources the position of people who have consistently held a licence for drift-net salmon fishing and who would generally be invited to renew their licence in December; if they will be offered a licence for 2007; if not, the arrangements made to compensate them for the loss of their livelihood; and if he will make a statement on the matter. [4211/07]

It is my intention that the Control of Fishing for Salmon Order will shortly be modified in such a way that applications for licences will only be invited for fishery districts where rivers are identified as having surplus stock in 2007 and only for those methods that do not impact indiscriminately on stocks of fish that are below their conservation limit. This effectively rules out the issue of drift net licences at sea and some draft net licences.

As the Deputy is aware, the primary motivation in alignment of the future management of the wild salmon fishery with the scientific advice and the introduction of the appropriate regulations to cease mixed stock fishing, is the conservation of the wild salmon species. It is vital to afford every protection to the remaining salmon stocks and to clearly prioritise conservation over catch. In future, the wild salmon fishery will be managed on the basis of individual river stocks. Harvesting of salmon will be restricted to rivers which have been identified as meeting their conservation limit in compliance with the Habitats Directive.

While there is no legal obligation on the State to provide compensation in a situation where it is imposing management measures that are fundamentally in the public good, the hardship scheme agreed by Government provides a measure of relief to each individual in line with the level of hardship likely to be experienced on foot of loss of this seasonal fishery.

Details of the hardship fund are being finalised at present and will be widely advertised in the national press in the near future.

Martin Ferris

Question:

273 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the situation regarding the carrying over of herring quota from week to week in the north west fishing area. [4212/07]

Martin Ferris

Question:

274 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the reason it is not possible to carry over herring catch from week to week in the Celtic Sea in order to meet quota; and his views on allowing same for safety reasons. [4213/07]

I propose to take Questions Nos. 273 and 274 together.

The management arrangements in place for the Celtic Sea and North West Herring fisheries have been developed in consultation with industry representatives and differ in the length of the fishing periods allowed. The Celtic Sea fishery involves single week fishing periods, while the North West fishery involves 6-weekly fishing periods.

In the case of both fisheries, vessels wishing to participate notify their interest in advance and are allocated catch limits for the 1 week or 6 week fishing period involved. Any quantity not caught within that fishing period remains part of the national quota and is allocated in subsequent fishing periods to vessels participating.

If bad weather prevents a vessel going to sea to catch its allocated catch limit, the vessel is free to book into the fishery for subsequent fishing periods, until the fishery closes.

These are the management arrangements developed with the industry. If the industry proposes to me that alternative arrangements be employed, I will be happy to consider them.

Harbours and Piers.

Cecilia Keaveney

Question:

275 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources when it is envisaged that work will commence on a project (details supplied) in County Donegal; and if he will make a statement on the matter. [4256/07]

The harbour at Greencastle is owned by Donegal County Council and responsibility for its maintenance and development rests with the local authority in the first instance.

The first phase of the development at Greencastle involves the construction of a rock breakwater. Initially this involves the carrying out of mitigation works on a number of local properties (as required by An Bord Pleanála) prior to commencement of the project. The initial phase also involves some enabling works including some infilling on the foreshore to construct a haul road to the breakwater, boundary wall construction, coastal footpath formation and associated works. Once these works have been completed the breakwater itself can be constructed.

This proposal was approved under the Fishery Harbour Development Programme in 2006. Projects approved under the programme are funded on the basis of a 75% grant aid from the Department with a 25% contribution from the Local Authority. Donegal County Council advised the Department they were not in a position to co-fund this project at the normal rate.

Discussions have been ongoing between the Minister for Community, Rural and Gaeltacht Affairs, Donegal County Council and myself with a view to progressing the project on an agreed basis. These discussions are almost finalised and I am hopeful the first Phase of this project involving the development of the 290m breakwater will commence shortly.

National Development Plan.

Jack Wall

Question:

276 Mr. Wall asked the Minister for Communications, Marine and Natural Resources the completed projects within Kildare that were proposed under the last national development plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4286/07]

Under the 2000-2006 National Development Plan (NDP) investment in Co. Kildare via my Department saw the completion the ESBT (Electricity Supply Board Telecom) backhaul fibre which crosses south Kildare. In addition two group broadband scheme projects in Co. Kildare are currently being rolled out by their respective service providers. Ten Phase 2 Metropolitan Area Networks (MANs) benefiting Clane, Kilcock, Kildare, Maynooth, Monasterevin, Newbridge, Rathangan, Athy, Prosperous and Kilcullen are likely to be rolled over to the new NDP. Designs are currently being progressed and construction is expected to commence this year, with completion targeted for early 2008. Further phases of the MANs are being considered under the new NDP and it is expected that Co Kildare will, subject to the necessary requirements, benefit from that investment.

The National Broadband Scheme (NBS) has been announced and it will address the issue of the estimated last 10%-15% of the country which, in the absence of public investment and support, might never have access to broadband. All reasonable requests for broadband from houses and premises in rural areas, including rural Kildare are expected to be met under the NBS. Sustainable Energy Ireland, operating under the aegis of my Department have overseen a number of projects in Co. Kildare focussing on energy efficiency and I have attached as an appendix the details of those projects.

The significant investment proposed in the National Development Plan 2007-2013 is designed to sustain and consolidate the achievements throughout the country and economy, going forward. The investments made through the Communications Marine and Natural Resources Vote across the various areas of responsibility will be deployed in a manner that secures and delivers real value for money. It is not possible to disaggregate the investments down to county level across the various initiatives but it is a fundamental objective of the Plan to ensure balanced regional development in line with the principles of the National Spatial Strategy and on that basis I believe it is fair to say that Kildare will, in line with the rest of the country reap significant benefits from the investments made through my Department.

Energy Efficiency Projects Funded by the NDP in County Kildare

Programme

Organisation

Description

Status

Bioheat Alternative Heat

Byrne Woodcraft Ltd

Wood fired Hot Water Boiler — 500kW

In Progress

Karl Matuschka

85kW Boiler

In Progress

Design Study Support Scheme

Kildare County Council

Feasibility Study on new Civic Offices

Completed 2003

Department of Defence

Energy Study for school of Physical Culture

Completed 2003

Model Solutions Investment Support Scheme

Kildare County Council

Kildare County Council New Headquaters

Completed 2005

CHP Feasibility Study

Clongowes Wood College

Energy Cost Review

Completed 2006

House of Tomorrow RD&D Programme

Kildare County Council

Castlefen Housing Development Phase IV, Sallins, Co. Kildare — 79 units

In progress

Easton Mews Ltd

Easton Mews, Leixlip, Co Kildare 27 houses

In progress

Renewable Energy RD&D Programme

Balcas Ltd

Manufacture of wood pellets with biomass CHP

Completed 2003

Industry RD&D Programme

Intel Ireland Ltd

Energy Agreement

Completed 2006

Energy Resources.

Eamon Ryan

Question:

277 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if there are plans to introduce grants for the installation of renewable energy systems in the industrial sector. [4304/07]

On 7 June 2006 I launched the Bioheat Programme which is a grant aid scheme for commercial renewable heat technologies. The scheme allows companies and small businesses to obtain grants for the installation of wood chip and wood pellet boilers in large buildings and commercial premises. Grant aid of up to 30% of overall costs is being made available depending on the overall size of the project. The scheme is being rolled out over a five year period and will potentially support the conversion to renewable energy in up to 600 installations depending on overall project sizes. A sum of €22m was originally made available for this scheme to 2010 and in Budget 2007 a further €4m was added to the programme, which is now being expanded to include solar and other renewable technologies, and to allow community and voluntary groups to avail of the grants.

On 3 August 2006 I launched an €11m grants package for Combined Heat and Power (CHP) to encourage industry and commercial users to generate their own electricity and heat. CHP units simultaneously generate heat and electricity in a single process on site. By combining these processes CHP saves around 25% of the energy that would have been required to produce electricity in a conventional power station and heat in separate heat-only boilers. The scheme is providing grant support to assist the deployment of small-scale fossil fired CHP (up to 1MWe) and biomass CHP systems.

Telecommunications Services.

Bernard J. Durkan

Question:

278 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the degree to which the local exchange in County Kilkenny has been broadband enabled; and if he will make a statement on the matter. [4406/07]

I have no statutory function in relation to this matter. In the first instance it is an operational issue for the service provider concerned. Responsibility for the regulation of electronic communication service providers rests with the independent regulator, the Commission for Communications Regulation (ComReg), in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU Regulatory Framework for Electronic Communications.

Bernard J. Durkan

Question:

279 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources further to Parliamentary Question No. 340 of 12 December 2006 and the reply thereto, if he will provide a comprehensive reply to the part regarding his numerous statements in the recent past that he is urgently progressing measures to ensure the availability of broadband to the remaining 10% to 15% of people who can not receive broadband; the position in this regard; his proposals to progress matters in early date; and if he will make a statement on the matter. [4407/07]

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

My priority remains that there will be broadband coverage across the entire country. I am aware, despite Government and private investment in broadband, that there are areas of the country where the private sector is unable to justify the commercial provision of broadband connectivity. Accordingly, I recently announced a new scheme which will aim to provide a broadband service to these areas. This Scheme, which will supersede the Group Broadband Scheme, will, when it is fully rolled out, ensure that all reasonable requests for broadband from houses and premises in rural areas are met. A Steering Group comprising officials from my Department and ComReg is currently considering all elements of the proposed scheme and work on the design of an appropriate tender will commence in the coming weeks. This scheme will be confined to areas of the country that are not yet served by any broadband service provider, currently thought to be 10-15% of the population.

Responsible Investment.

Finian McGrath

Question:

280 Mr. F. McGrath asked the Minister for Foreign Affairs his views regarding Irish public investments in companies that continue to fund and support the Sudanese Government which continues to prosecute crimes against the innocent civilian populace in Darfur. [4243/07]

My Department has been approached by the Sudan Divestment Campaign Ireland, which is urging that the National Pensions Reserve Fund (NPRF) should immediately divest from five international companies, whose investments in Sudan the Campaign asserts provide revenue to the Khartoum Government and, in the Campaign's view, thereby contribute to human rights violations.

While responsibility for the NPRF is a matter for my colleague, the Minister for Finance, I understand that the Fund is a founder signatory to the Principles for Responsible Investment launched by former UN Secretary General Annan in New York in April 2006. The aim of the Principles is to integrate consideration of environmental, social and governance issues into investment decision-making and ownership practices and, thereby, improve long-term returns. The Principles reflect the fiduciary duty of investors to their stakeholders as their first responsibility and do not call for screening or avoiding stocks. Instead, they promote a policy of engagement with companies where shareholders regard themselves as long-term owners of companies and raise concerns directly with company management. It is considered that engagement is likely to be more effective than screening in the vast majority of cases where issues arise that relate to particular aspects of a company's behaviour.

The Fund is committed to a process of change that will enable it to implement the Principles and take account of ethical questions in its investment decisions. The actions it is currently taking include the development and implementation of a comprehensive proxy voting policy; development of an engagement capacity with invested companies on environmental, social and governance issues; and refinement of its investment management selection process to include specific consideration of these Principles. Also, noting the issues raised by the Campaign, the Fund has decided to explore opportunities to support and collaborate in initiatives in this area by other signatories to the Principles, in advance of establishing its own engagement capacity.

My colleague Minister of State Conor Lenihan T.D., met with the Sudan Divestment Campaign — Ireland on 9 November 2006 to discuss their concerns. He subsequently met with the National Pension Reserve Fund Commission on 14 December 2006. They said that the Commission had considered the issue of exclusion or screening out of particular stocks or sectors but that any such action would, most likely, not be consistent with its statutory investment mandate, as set out in the National Pensions Reserve Fund Act, of seeking the optimal total financial return subject to prudent risk management.

The National Pension Reserve Fund Commission clearly believes that the issues raised by the Sudan Divestment Campaign Ireland are serious and is giving them due attention. As indicated above, the Fund is making considerable efforts to ensure greater scrutiny and oversight when it comes to these important issues.

Airport Security.

John Gormley

Question:

281 Mr. Gormley asked the Minister for Foreign Affairs further to Parliamentary Question No. 37 of 7 December 2006, if there is information in his Department regarding the boarding and searching of Warsaw Pact planes landing here during the 1960s and, in particular, during the Cuban Missile Crisis in 1962, as reported (details supplied); if these searches did take place, the basis on which they were carried out; and if he will make a statement on the matter. [4368/07]

There is no information in my Department on the matter raised by the Deputy; files from this period have been transferred to the National Archives, where they are available for public viewing.

Passport Applications.

Niall Blaney

Question:

282 Mr. Blaney asked the Minister for Foreign Affairs if he will urge the PSNI to provide Irish passport applications in PSNI stations in line with current practice in the twenty six counties; and if he will make a statement on the matter. [4372/07]

Irish passport application forms are currently available at over 70 Post Offices in the North. In addition, many elected public officials also provide them at their constituency offices. It is the policy of the Government to ensure the widest availability of application forms to all sections of the community in Northern Ireland. The Passport Office is reviewing the situation and, in that context, the Deputy's helpful suggestion will be considered.

Sports Capital Programme.

Charlie O'Connor

Question:

283 Mr. O’Connor asked the Minister for Arts, Sport and Tourism his views on providing special assistance and funding to a club (details supplied) in Dublin 24; and if he will make a statement on the matter. [4237/07]

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 November 24th 2006. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

EU Funding.

Finian McGrath

Question:

284 Mr. F. McGrath asked the Minister for Arts, Sport and Tourism if he will support a campsite (details supplied); and if he will work with the other relevant Departments on this matter. [4262/07]

I am aware of the project in question, which is the proposed establishment of a permanent national scouting jamboree centre, whose most recent estimated cost was €10.7 million. The promoters of the project have been informed that the funding available to me is in respect of capital expenditure on arts, sport and tourism projects and that I have no source of funding available to me to assist this project which is primarily a centre for the scouting movement. The issue of funding for this project was debated as an adjournment item in the House on February 28th of 2006 during which I advised the organisers of the project to seek alternative sources of funding, most notably the EU-funded PEACE II and PEACE III cross-border programmes, on which the special EU programmes body in Belfast can provide further information.

National Development Plan.

Jack Wall

Question:

285 Mr. Wall asked the Minister for Arts, Sport and Tourism the completed projects within Kildare that were proposed under the last national development plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4285/07]

Under the last National Development Plan, 2000-2006, the Irish Film Board provided €500,000 to "Becoming Jane", a feature film which was shot in Kildare in 2006. The new National Development Plan, covering the period 2007 to 2013, will provide funding through a range of programmes and initiatives in the Arts, Sports and Tourism areas under many of which it will be open to projects in Kildare to make application. General details on the funding available from my Department, and the bodies operating under its aegis, and the range of projects and programmes to be supported are set out in a number of press releases issued on the announcement of the new NDP which can be accessed on my Department's website www.arts-sport-tourism.gov.ie. These include the provision of €70 million for the horse and greyhound racing industries which will enable Horse Racing Ireland and Bord na gCon to undertake the further development of a network of facilities for both industries. Horse Racing Ireland’s capital development plans for the coming years under its Capital Development Programme include a major redevelopment of the Curragh racecourse in Kildare.

EU Directives.

Marian Harkin

Question:

286 Ms Harkin asked the Minister for Enterprise, Trade and Employment if the unfair commercial practices directive has been transposed into Irish Law; and if not, the timeline for the transposition of this directive; and if he will make a statement on the matter. [4297/07]

Member States are obliged to transpose the Unfair Commercial Practices Directive into national law by 12 June 2007 and to have the provisions of the Directive in force by 12 December 2007. The Consumer Protection Bill, which was introduced in the Seanad yesterday, contains, amongst other things, specific provisions to transpose the Directive into Irish law. I am confident that Ireland will meet the deadline for transposing this important Directive and that the enactment of the Consumer Protection Bill will ensure that Irish consumers will enjoy the significant protections from unfair commercial practices afforded by the Directive.

National Development Plan.

Jack Wall

Question:

287 Mr. Wall asked the Minister for Enterprise, Trade and Employment the completed projects within Kildare that were proposed under the last national development plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4290/07]

The Employment and Human Resources Development Operational Programme 2000-2006 is comprised of both NDP funded and ESF co-funded projects/measures targeted at a regional level, not at county level. Monitoring and reporting of activity both physical and financial is done at regional level, that is, at Border, Midlands and Western and Southern and Eastern Regional levels. Therefore, little data is available on projects at the county level itself through this Programme. The same applies in the case of the Productive Sector Operational Programme, which is also managed by my Department. Under the Micro-Enterprise Measure of the Southern and Eastern Regional Operational Programme 2000-2006 funding to the level of €3.6 million was provided to Kildare County Enterprise Board. This funding was committed to promoting and supporting micro-business start-up and expansion projects, to training and mentoring programmes to assist the development of micro-businesses and to the promotion of entrepreneurship generally throughout the County. Details of specific outputs achieved from this expenditure are available in each of the annual reports published by Kildare CEB from 2000 onwards, copies of which have been submitted to the Houses of the Oireachtas. In so far as the recently launched NDP 2007-2013, Transforming Ireland — A Better Quality of Life for All, is concerned the priorities, programmes and sub-programmes have also been set at national level. While my Department is responsible for driving the delivery of a range of activities under the Enterprise, Science and Innovation and the Investment in Human Capital Priorities, in conjunction with the Agencies coming under our remit, we have not proposed specific "projects" targeting individual counties. Naturally, the Agencies promoting the individual Sub-Programmes under the new NDP will tailor their delivery to meet the individual needs of each county.

Labour Inspectorate.

Paul Kehoe

Question:

288 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment if he plans to treble the number of labour inspectors policing HR compliance in 2007; and if he will make a statement on the matter. [4390/07]

The Social Partnership Agreement, Towards 2016, provides, among other matters, that the number of Labour Inspectors will be progressively increased from 31 at present to 90 by the end of 2007 as part of the initiative to increase the staffing resources of the Employment Rights Bodies generally. It is expected that assignments to the additional positions will be made from the second quarter of 2007. The necessary arrangements and selection processes to meet this objective are being progressed at present.

Social Welfare Benefits.

Seymour Crawford

Question:

289 Mr. Crawford asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Monaghan receives a lower social welfare payment when their spouse’s income goes up and if he will make a statement on the matter. [4367/07]

The position is that there are no special income tax reliefs for unmarried couples living together. In this context, tax law follows the general law relating to marriage. Generally speaking, the basis for the current taxation of married couples derives from the Supreme Court decision in Murphy v. the Attorney General (1980) which held that it was contrary to the Constitution for a married couple to pay more tax than two single people living together. The tax treatment of unmarried couples who cohabit was unaffected by the Murphy judgement. Each partner is taxed as a single person and each is entitled to the tax credits and standard rate band appropriate to single persons. There are no special tax arrangements for cohabiting couples with dependent children. The treatment of married and cohabiting couples under the social welfare code is primarily a matter for the Minister for Social and Family Affairs. However, I should point out to the Deputy that in the Hyland case in 1989 the Supreme Court held that it was unconstitutional for the relevant social welfare provisions to treat a married couple living together less favourably than an unmarried cohabiting couple. Broadly speaking, this judgment has been put into effect by treating cohabiting couples in the same way as married couples for social welfare purposes.

The Working Group Examining the Treatment of Married, Cohabiting and One-Parent Families under the Tax and Social Welfare Codes, which reported in August 1999, was sympathetic, in principle, to changes in the tax legislation to address the issues raised relating to cohabiting couples and reported that the options that it set out should be considered further. However, it acknowledged in relation to the tax treatment of cohabiting couples that a key issue is whether tax law should proceed ahead of changes to general law. A number of recent reports will help to inform the Government's deliberations in this general area including the Tenth Progress Report of the Oireachtas All-Party Committee on the Constitution entitled ‘The Family' which was published in early 2006; the Options Paper presented to the Minister for Justice, Equality and Law Reform in November 2006 by the Working Group on Domestic Partnership; and the Report of the Law Reform Commission on the rights and duties of cohabitants which was published in December 2006. I previously put on the record of the House that I would view as problematic and unwise a situation where changes in the tax code relating to the treatment of couples would set a headline in advance of developments in other relevant areas of public policy, for example, in the area of legal recognition of relationships other than married relationships. I am still of that view.

Social Welfare Allowances.

Jan O'Sullivan

Question:

290 Ms O’Sullivan asked the Minister for Social and Family Affairs if he will restore the back to education allowance to postgraduate students in order to remove the financial barrier which prevents BTEA students from progressing in the education system; and if he will make a statement on the matter. [4227/07]

The back to education allowance is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the work force. The postgraduate option of the back to education allowance is payable to persons who wish to pursue a postgraduate course of study that leads to a Higher Diploma (H-Dip) qualification or to persons in pursuit of a Graduate Diploma in Education (Primary Teaching). The objective of the scheme is to assist those most marginalised and most distant from the labour market to acquire the necessary education to improve their chances of becoming independent of the social welfare system. It is recognised that primary degree qualifications impact positively on the employment prospects of those who hold such credentials. The scheme targets assistance for the maximum numbers in greatest need and at present there are no plans to extend the BTEA scheme to persons pursuing other types of postgraduate courses at this time.

Pension Provisions.

Róisín Shortall

Question:

291 Ms Shortall asked the Minister for Social and Family Affairs the way a person who switches from a qualified adult payment on their spouse’s pension to a carer's allowance in their own right, will be affected by the changes in September 2007, that is the introduction of a half-rate carer's allowance; if carers in this situation will be allowed to switch back to the qualified adult payment and receive the half-rate carer's payment; and the provision being made to equalise the overall payment to carers irrespective of the primary payment they receive. [4235/07]

Brian O'Shea

Question:

294 Mr. O’Shea asked the Minister for Social and Family Affairs the proposals he has to backdate the half rate carers allowance to be introduced for pensioners in September 2007; and if he will make a statement on the matter. [4385/07]

I propose to take Questions Nos. 291 and 294 together.

The primary objective of the social welfare system is to provide income support and as a general rule only one weekly social welfare payment is payable to an individual. Persons qualifying for two social welfare payments receive the higher payment to which they are entitled. I am aware that this has been a cause of particular concern to people in receipt of a social welfare payment when they become carers. For that reason I was very pleased to introduce fundamental structural reforms in this area in Budget 2007. Under these new arrangements people in receipt of certain social welfare payments other than carer's allowance or benefit who are providing someone with full time care and attention will be able to retain their main payment and receive another payment, depending on their means, the maximum of which will be equivalent to a half rate carer's allowance. Details as to how this arrangement will operate, including the treatment of qualified adults, are currently being finalised and will be set out in legislation shortly. There are also significant administrative and IT issues which must be addressed before such a reform can be implemented. As a result, September 2007 has been chosen as the implementation date.

With regard to the level of support available to carers I have continued to increase the rates of carer's allowance and benefit as well as the level of the respite care grant. Most recently, in Budget 2007 I increased the rates of carer's allowance to €200 per week for those aged under 66 and to €218 per week for those aged over 66. In addition, from June 2005, the annual respite care grant was extended to all carers who are providing full time care to a person who needs such care regardless of their income. Those persons in receipt of other social welfare payments, excluding jobseeker's assistance and benefit, are entitled to this payment subject to certain conditions, such as providing full time care to a person who needs such care regardless of their income. Those persons in receipt of other social welfare payments, excluding jobseeker's assistance and benefit, are entitled to this payment subject to meeting the full time care condition. From June 2007 the level of the grant will increase by €300 from €1,200 to €1,500 per year in respect of each person being cared for. Towards 2016 commits the Government to continuing to review the scope for further development of the carer's allowance, carer's benefit and the respite care grant. I am committed to working for, and with, carers to deliver increased benefits, supports, and services for them and their families. The improvements for carers which I announced in Budget 2007 are further evidence of this commitment.

National Development Plan.

Jack Wall

Question:

292 Mr. Wall asked the Minister for Social and Family Affairs the completed projects within Kildare that were proposed under the last national development plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4295/07]

The Family Services Project (FSP) provides funding to programmes run by third parties to assist welfare recipients and members of their families improve their personal and family circumstances through training, educational and development courses. The programmes are generally of a short duration and take place over a number of weeks. A total of 17 Family Services Projects have been funded in Co. Kildare over the lifetime of the NDP 2000-2006. The FSP is administered by Facilitators who are based in my Department's Local Offices. There is 1 Facilitator for Co. Kildare located in Newbridge. Examples of activities funded under the FSP include parenting projects for very young lone parents, support programmes for families of disabled persons and family support for travellers. The needs of welfare recipients and members of their families in an area are identified by local community and voluntary agencies who liaise with my Facilitators and submit applications for funding. Funding for programmes of this nature which provide assistance to welfare customers and their families will continue under the Social Inclusion Priority of the NDP 2007-2013. Family Resource Centres are funded by the Family Support Agency under the Family and Community Services Resource Centre Programme. The emphasis in the projects is on the involvement of local communities in developing approaches to tackle the problems they face and on creating successful partnerships between the voluntary and statutory agencies in the areas concerned. There are 2 Family Resource Centres in Co. Kildare that have received funding under the last NDP and FRCs will continue to receive funding under the NDP 2007-2013.

Social Welfare Benefits.

Róisín Shortall

Question:

293 Ms Shortall asked the Minister for Social and Family Affairs the continuing justification of the benefit and privilege rule for persons under 25 years who are genuinely seeking work; and if he will make a statement on the matter. [4365/07]

For jobseeker's allowance (JA) purposes, the assessment of means for non-householders resident in the parental home has always taken into account the yearly value of any benefit and privilege enjoyed by him or her by virtue of residing with a parent or step-parent. In practice, this is taken to mean the value of free board and lodging to a claimant and such value is ascribed having regard to the level of parental income. The Commission on Social Welfare examined the then operation of the benefit and privilege arrangements and recommended the abolition of the concept of benefit and privilege for those aged 25 years and over. In Budgets 2003 to 2006 inclusive, the assessment of benefit and privilege for JA purposes was progressively abolished for persons in excess of certain ages. In Budget 2006, I was pleased to abolish the assessment of benefit and privilege in all cases where the UA claimant is aged 25 or over, thereby bringing the Commission's recommendation into full effect. The Commission also recommended that the assessment of benefit and privilege be retained for those aged between 18 and 25 years of age, subject to unemployed persons being entitled to a standard minimum payment of JA. In making this recommendation, the Commission was of the view that the recommended minimum payment would give such persons a limited degree of financial independence from parents but would take into account the fact that they reside in the family home and do not face the costs of maintaining an independent home. Currently, in the case of JA claimants aged under 25, the maximum assessment is restricted to 17% of parental income. A minimum of €40 is payable where the claimant qualifies for any amount of JA. Any further change to the current arrangements would have to be considered in a Budgetary context.

Question No. 294 answered with QuestionNo. 291.

Bernard J. Durkan

Question:

295 Mr. Durkan asked the Minister for Social and Family Affairs if supplementary welfare payment will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4405/07]

The supplementary welfare allowance (SWA) scheme is administered on behalf of my Department by the community welfare division of the Health Service Executive. The Community Welfare Officer (CWO) of the Executive has advised that it has received an incomplete application on 1st February 2007 for SWA from the person concerned. The CWO contacted the person concerned on 6th February to arrange a meeting for later in the week to determine his entitlements based on his personal circumstances.

Social Welfare Appeals.

David Stanton

Question:

296 Mr. Stanton asked the Minister for Social and Family Affairs the number of appeals received and processed respectively by the social welfare appeals office in 2006, with a breakdown of the number and average timescale for processing of same; the number of appeals which were decided in favour of the appellant; and if he will make a statement on the matter. [4412/07]

David Stanton

Question:

297 Mr. Stanton asked the Minister for Social and Family Affairs the number of appeals awaiting decision for each of the various schemes operated by his Department; the number of appeals which are to be decided by oral hearing; the average times and longest time it takes to process an appeal for each scheme of his Department whether decided by normal decision or by oral hearing; and if he will make a statement on the matter. [4413/07]

I propose to take Questions Nos. 296 and 297 together.

Appeals statistics requested by the Deputy in respect of 2006 are currently being processed for inclusion in the annual report of the Chief Appeals Officer which will be published shortly. There were 5,851 appeals awaiting decision on 5 February 2007 of which 1,698 were awaiting an oral hearing. A breakdown of those cases by scheme type is set out in Table A.

Details of the average length of time taken to deal with appeals will be included in the annual report for 2006 which is being compiled. It is not expected it will vary much from the experience in 2005 when it took 20 weeks on average to process all appeals i.e. those decided summarily and by way of an oral hearing. A breakdown of those cases by scheme type is set out in Table B.

If allowance was made for the 25% most protracted cases, the average fell to 13 weeks. Oral hearings are granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in evidence presented by both parties or where an oral hearing is requested by the appellant in order to present his or her case. Given the logistics involved in organising oral hearings, the average length of time is increased by 8 weeks where an oral hearing is involved.

The processing time for appeals covers all phases of the appeal process including the submission by my Department of its comments on the grounds for the appeal, further examination by the Department's Medical Assessors in certain sickness related cases and the holding of oral hearings which are currently afforded in two out of three cases determined by Appeals Officers. Circumstances may arise, normally outside of the control of the Social Welfare Appeals Office, which have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant submits new information or evidence, often at an advanced stage in the proceedings. In some cases adjournments may be sought by the Appellant or his/her representative.

The social welfare appeals system is a quasi-judicial one and the procedures in place for determining appeals are designed to ensure that each case receives full and satisfactory consideration. While improving processing times remains a major objective of the Social Welfare Appeals Office, it is necessary at all times to ensure that progress in this regard is achieved in a manner which is not in conflict with the demands of justice and the requirement that every appeal be fully investigated and examined on all its merits.

Table A: Number of Appeals on hand at 05 February 2007

Scheme Type

Appeals on Hand

Adoptive benefit

1

Blind Pension

5

Carers Allowance

370

Carers Benefit

8

Child Benefit

95

Disability Allowance

1,276

Disability Benefit

1,029

Deserted Wives Allowance

5

Deserted Wives Benefit

10

Employers PRSI Exemption

1

Farm Assist

36

Bereavement Grant

11

Family Income Supplement

33

Homemakers

1

Invalidity Pension(s)

279

Lone Parents

11

Liable Relative

1

Maternity Benefit

7

Old Age Contributory Pension

94

Old Age Non-Contributory Pension

197

Occupational Injury Benefit

35

Disablement Benefit

219

Occupational Injury Medical

14

Orphans Contributory Pension

4

One Parent Family Payment

456

Orphans Non-Contributory Pension

4

Pre-Retirement Allowance

5

Unemployment Assistance (Means)

358

Rent Allowance

1

Respite Care Grant

169

Retirement Pension

25

SCOPE (Insurability of Employment)

80

Supplementary Welfare Allowance

51

Treatment Benefit

7

Unemployment Assistance

624

Unemployment Payments Overpayments

41

Unemployment Benefit

262

Unemployability Supplement

5

Widows Contributory Pension

11

Widows Non-Contributory Pension

10

Total

5,851

Table B: Average Processing Time of Appeals disposed of in 2005

Scheme Type

Number of Weeks

Adoptive Benefit

23.8

Blind Pension

26.0

Carers Allowance

21.2

Carers Benefit

29.8

Child Benefit

18.4

Disability Allowance

21.6

Disability Benefit

24.0

Deserted Wives Allowance

33.1

Deserted Wives Benefit

22.8

Farm Assist

22.0

Bereavement Grant

19.8

Family Income Supplement

17.9

I invalidity Pension

24.9

Lone Parents

33.6

Liable Relative

71.5

Maternity Benefit

19.9

Old Age Contributory Pension

46.1

Old Age Non-Contributory Pension

22.7

Occupational Injury Benefit

26.2

Disablement Benefit

27.6

Occupational Injury Medical

34.7

Orphans Contributory Pension

16.5

One Parent Family Payment

31.3

Orphans Non-Contributory Pension

33.3

Pre-Retirement Allowance

19.3

Unemployment Assistance (Means)

18.9

Respite Care Grant

10.0

Retirement Pension

24.4

SCOPE (Insurability of Employment)

34.1

Supplementary Welfare Allowance

12.2

Treatment Benefit

10.6

Unemployment Assistance

10.6

Unemployment Payments Overpayments

22.7

Unemployment Benefit

12.6

Unemployability Supplement

23.4

Widows Contributory Pension

39.1

Widows Non-Contributory Pension

28.1

Widowed Parent Grant

62.8

Average Time to Process All Appeals

20.2

Public Transport.

Olivia Mitchell

Question:

298 Ms O. Mitchell asked the Minister for Transport the reason for the delay in granting an extension licence to Dublin Bus for the 161 route allowing for a new terminus in Dundrum. [4242/07]

I can confirm that my Department received a notification from Dublin Bus on 30th May, 2006, in respect of an extension to the existing Route 161 service. On receipt of the notification, Dublin Bus was informed that the Department was giving consideration to prior applications from a private bus operator for licences for bus services that incorporated operations on the same route as that proposed for the extension to their 161 service. Dublin Bus was informed on 26th October, 2006 that the licences had issued and the notification would be examined taking into consideration the licensed services in question.

Where a notification for a new service or an alteration to an existing service is received from Dublin Bus or Bus Éireann and that proposal is deemed to be in competition with an existing licensed service, the Department will apply section 25 of the Road Transport Act, 1958 to the consideration of that notification. Where that section is applied, the consent of the Minister for Transport is required before the new or altered service can be introduced.

Dublin Bus has been kept informed of developments in relation to the newly licensed services and further consultation with the Company is planned so that a final determination can be made in respect of their submission.

Olivia Mitchell

Question:

299 Ms O. Mitchell asked the Minister for Transport if his attention has been drawn to whether all Dublin Bus buses servicing hospitals in the Dublin region are wheelchair accessible; if not, if he will ensure that this is the case; and if he will make a statement on the matter. [4250/07]

This is an operational matter for Dublin Bus. However, I understand from Dublin Bus that it is the company's policy since 2000 to purchase only wheelchair accessible vehicles. Currently 58% of the fleet is accessible and Dublin Bus plans to have all of the fleet wheelchair accessible by 2012. I also understand from Dublin Bus that all of Dublin's major public hospitals are served by at least one route on which all of its vehicles are fully accessible.

Damien English

Question:

300 Mr. English asked the Minister for Transport if there were recent irregularities or recent changes to a Bus Éireann timetable (details supplied) or route changes whereby the timetabled buses do not arrive at Balbriggan to pick up passengers Drogheda bound; and if he will make a statement on the matter. [4258/07]

The provision of public bus services by Bus Éireann on specific routes is a day-to-day operational matter for the Company. However, the initiation or alteration of a bus service by Bus Éireann is subject to compliance with the necessary regulatory requirement of giving advance notice to my Department and to compliance with the provisions of section 25 of the Transport Act 1958 concerning competition with licensed private operators.

All services on the 101 route between Dublin and Drogheda approved by my Department are scheduled to stop at Balbriggan (Bank of Ireland). My Department has not received any recent notification from Bus Éireann to alter the 101 service.

National Development Plan.

Jack Wall

Question:

301 Mr. Wall asked the Minister for Transport the completed projects within Kildare that were proposed under the last national development plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4296/07]

The National Development Plan (NDP) 2000 to 2006 concentrated on the provision of significant upgrading on the major interurban routes throughout the country. I understand from the NRA that three of these routes run through County Kildare, namely the M/N4 (Dublin to Galway), the N7 (Dublin to Limerick) and the N9 (Dublin to Waterford). Substantial works were completed on all of these routes during the period 2000 to 2006.

The projects completed within Kildare during the period of the NDP 2000 to 2006 were as follows:

M/N4 Enfield Relief Road in 2002

Celbridge Interchange in 2003

Kilcock/Enfield/Kinnegad in 2005

M/N7 Kildare Bypass in 2003

Monasterevin Bypass in 2004

Kingswood Interchange in 2005

Naas Road Upgrade in 2006

N9 Carlow bypass began construction in 2006 and is due for completion in 2008

Further works to increase the capacity of the M/N4 between Leixlip and its junction with the M50 are planned under the new National Development Plan. This work is expected to commence in 2007 and take two years to complete. The N9 from Kilcullen to Carlow is due to commence in 2008 and be completed in 2010.

Rail

There has been major investment in the two railway lines — Connolly to Maynooth (the Maynooth line) and Heuston to Kildare (the Kildare line) — serving Kildare under the NDP (2000-2006). Major projects completed include the doubling of track between Maynooth and Clonsilla including resignalling of the line, upgrading of stations and crossings and the provision of additional rolling stock at a cost of over €65 million. Upgrading of rolling stock and stations on the Kildare line and the redevelopment of the Heuston station were also undertaken at a cost of €106.8 million.

The position regarding further upgrade works is that preparatory and enabling works for the Kildare Route Project are underway. It is planned to place construction contracts in April 2007 and to have construction work completed and services operational in early 2010. My Department has allocated €45.4m to Iarnród Éireann to fund work on the project this year. Planning and design work is also underway in relation to the electrification of the Maynooth line.

Rail Services.

Joan Burton

Question:

302 Ms Burton asked the Minister for Transport when it is proposed that the first rail services to the Docklands station will commence; the arrangements being made to provide for link services to Connolly Station, Dublin city centre, and the south business district; if his attention has been drawn to the long distances between the new station and Connolly, the Luas link and crossing by foot to the south city business district, to which 60% of commuters using the Clonsilla line wish to go; and if he will make a statement on the matter. [4420/07]

I understand from Iarnród Éireann that the new station at Docklands will open on 12 March 2007 and that services will commence to the station on that day. I am also advised by Iarnród Éireann that a bus shuttle service between the city centre, Connolly station, and the new Docklands station will be operated by Dublin Bus and integrated with Iarnród Éireann's services pending construction of the LUAS extension to Docklands.

The station will be conveniently accessed from the LUAS stop on the proposed LUAS extension from Connolly Station. I understand that the distance from the new station to the LUAS stop will be approximately 350 metres, a similar distance to that between Connolly DART platforms and Connolly LUAS stop. The station will be approximately 800 metres from the new pedestrian footbridge across the Liffey, and approximately 400 metres from the proposed new Macken Street road bridge.

Joan Burton

Question:

303 Ms Burton asked the Minister for Transport his proposals to provide Iarnród Éireann with double decker trains as are available in many European countries, particularly with a view to increasing service capacity on the Clonsilla railway line where the trains are crowded and the service is inadequate for the size of the population; and if he will make a statement on the matter. [4421/07]

Decisions in relation to the specification of rolling stock are matters for Iarnród Éireann.

Public Transport.

Joan Burton

Question:

304 Ms Burton asked the Minister for Transport the level of funding provided for bus corridors in 2006, particularly for those serving Dublin 15 and the Blanchardstown area; the information available to his Department on the way in which this is spent; the amount and percentage of such funding drawn down in each of the past five years; the information available to his Department on the number of bus lane kilometres in Fingal; the information available to his Department on the different quality bus corridors and the number of pinch points for buses on each route; the percentage of each route where a bus lane exists; if he has satisfied himself with the level of QBC provision in Fingal; the legislative measures he proposes to speed up bus priority measures; and if he will make a statement on the matter. [4422/07]

Some €34m was made available in 2006 for bus corridors in the GDA, of which €21,907,874 was spent.

The table below details the provision of spending to bus schemes within the Dublin 15 area, during 2006.

Allocated in 2006

Actual 2006

Blanchardstown QBC N3 Inbound

200,000

43,806

Blanchardstown Road North & South

3,845,727

9,999

Huntstown bus gate

200,000

0

Snugborough

2,189,614

2,239,728

Swords QBC

227,000

500,000

6,662,362

2,793,533

The DTO Executive reports to the Department, as funds are claimed by agencies, regarding the allocations to bus schemes and the draw-down on these funds.

The amount and percentage of such funding drawn down in each of the past five years is as follows:-

Year

Spending on bus priority

Percentage of total Traffic Management Grants

€m

%

2006

21.908

79

2005

29.543

84

2004

27.542

79

2003

14.719

37

2002

15.065

53

Information on bus lane kilometres relates to bus corridors serving the Fingal area rather than those within particular local authority boundaries, as this determines the effectiveness of the measures in question.

The following bus lanes service the Fingal area:

Finglas QBC (6 KM);

Swords QBC covers (21.6 KM);

Blanchardstown QBC (18.4 KM);

Malahide QBC covers (7.5 KM); and

Ballymun Road scheme (2.7KM).

On the issue of pinch points, the annual monitoring exercise undertaken by the DTO shows where bus priority infrastructure continues to require an improvement in performance in terms of protecting bus operations from the effects of traffic congestion. The results of these monitoring exercises are used by the DTO to inform the development of the bus priority scheme programme. I am informed by the DTO that a significant portion of the Quality Bus Network Office's 2007 programme addresses urgent needs such as pinchpoints. The Deputy may care to examine the 2003, 2004 and 2005 QBC Monitoring reports which are available on the DTO website at http://www. dto.ie/web2006/qbcmon.htm. The 2006 report will be published shortly.

Given the presence of overlaps and discontinuities, the provision of QBCs is recorded in terms of kilometres treated rather than percentages of route. There are approximately 170 kilometres of treated QBCs (as designated in the DTI Final Report) and non QBCs in the GDA. Details are set out in the attached tables. The development and implementation of bus priority measures is a matter for the relevant local authorities. I have no proposals for specific legislative measures in respect of bus priority measures.

Quality Bus Corridors

Estimated Length Of Actual Bus-Priority Provision In Each Quality Bus Corridor

12 QBCs

KMs

By Date

Inbound

Outbound

1

Lucan QBC

Lucan QBC N4 — July 1996

12.1

July 1996

Lucan QBC Extension N4 (St. Johns Road) — Q1 2004

2.5

Q1 — 2004

Lucan QBC Extension N4 (Lucan Bypass) — Q1 2004

2.4

Q1 — 2004

Total

17.0

11.0

8.0

2

Malahide QBC

Malahide QBC — December 1998

7.5

December 1998

Total

7.5

6.0

6.0

3

Stillorgan QBC

Stillorgan QBC (N11) — August 1999

12.9

August 1999

Stillorgan QBC Extension (Foxrock to Bray) — Q4 2004

10.7

Q4 — 2004

Total

23.6

13.0

13.0

4

Finglas QBC

Finglas QBC — July 2000

6.0

July 2000

Total

6.0

4.0

2.0

5

North Clondalkin QBC

North Clondalkin QBC — February 2001

12.1

February 2001

Total

12.1

3.0

2.5

6

Rathfarnham QBC

Rathfarnham QBC — March 2001

7.1

Mar-01

Rathfarnham QBC (Ballyboden Road) — Q3 2004

1.3

Q3 — 2004

Total

8.4

6.0

2.0

7

Tallaght QBC

Tallaght QBC — April 2001

12.2

April 2001

Total

12.2

5.0

2.0

8

Blanchardstown QBC

Blanchardstown QBC — September 2001

16.4

September 2001

Dunshaughlin N3 Bus scheme

2.0

December 2006

1 (estimate)

1 estimate

Total

18.4

6.3

3.0

9

Swords QBC

Swords QBC — (Whitehall Road) — November 2001

2.9

November 2001

Swords QBC — (Whitehall — City) — April 2001

11.7

April 2001

Swords QBC — (Swords Village to Cloghran)

7.0

Q4 — 2005

Total

21.6

11.0

8.0

10

South Clondalkin QBC

South Clondalkin QBC — Q4 2005

7.2

Q4 — 2005

Total

7.2

5.0

4.0

11

Orbital QBC

Orbital QBC — Q4 2005

6.4

Q4 — 2005

Total

6.4

3.0

3.0

12

Ballymun Road

2.7

Total

2.7

2.4

1.7

Total

143.1

75.7

55.2

Additional Bus Priority Measures

KMs

1

Naas Road All Phases — (Kingswood Interchange to Monastery Road)

3.1

2

Outer Ring Road (Q1 2005)

3.3

3

N32

2.5

4

Clontarf Road

1.5

5

Laurel Lodge

0.5

6

Howth Road

5.9

7

Merrion Road Corridor

4.3

8

Pearse Street

1.7

9

Kilmacud Road Bus Scheme

0.5

10

Snugborough

3.4

11

Waterloo Road

0.5

Total

27.2

National Development Plan.

Jack Wall

Question:

305 Mr. Wall asked the Minister for Community, Rural and Gaeltacht Affairs the completed projects within Kildare that were proposed under the last national development plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4287/07]

The Deputy will be aware that the National Development Plan (NDP) 2000-2006 constituted a programme setting out the Government's broad strategic response to the State's economic and social development needs for the seven-year period in question, and that it did not set out specific project commitments.

My Department was involved in four Operational Programmes under the NDP 2000-2006, as follows:

the Productive Sector Operational Programme;

the Employment and Human Resources Development Operational Programme;

the Border, Midland and Western Regional Operational Programme; and

the Southern & Eastern Regional Operational Programme.

Assistance was provided under these Programmes across a range of measures in relation to:

the Gaeltacht, in terms of finance for industry, building construction, sectoral training, road improvements and harbour improvements;

urban and village renewal;

inland waterways development;

rural development, in the context of the Area Based Rural Development Initiative, the Rural Development Fund, Farm Relief Services and the Western Development Fund;

the development of disadvantaged communities through the Community Development Programme;

the promotion of local action plans to promote social inclusion under the Local Development Social Inclusion Programme; and

the National Drugs Strategy.

While my Department had no direct responsibility for any major infrastructural investments or projects in Co. Kildare under the NDP 2000-2006, funding was made available to local groups/ projects in the county during the period of the Plan under a number of programmes operated in the Southern & Eastern Region, including:

the Area Based Rural Development Programme, which provided funding of €1,277,600 to Kildare European LEADER Teo;

the Community Development Programme, which provided funding of €1.041m to three groups in Co. Kildare: The Bridge CDP (€0.254m), Athy CDP (€0.679m), and North West Kildare CDP (€0.108m);

the Local Development and Social Inclusion Programme, which provided funding of €6446,947 to two groups in Co. Kildare: Action South Kildare (€3946,440) and OAK Partnership (€2,500,507); and

the Inland Waterways Sub-Measure, under which Waterways Ireland funded a range of projects in Co. Kildare along the Grand Canal, Royal Canal and Barrow Navigation, including Bank Protection and Dredging along amounting to some 10,500m of waterway; installation of 680m of Moorings and Jetties; and restoration of the Athy Barge ‘Aiséirí'.

The Deputy, will appreciate that, due to the diverse nature of these programmes, it would not be possible, in the time available, to provide details in respect of all of the individual projects assisted under the NDP 2000-2006. If the Deputy has specific queries in relation to any particular case, however, I will be happy to arrange for relevant information to be provided to him.

With regard to the new National Development Programme 2007-2013, my Department's involvement covers a variety of programmes within the following priority areas:

Enterprise, Science and Innovation;

Social Infrastructure; and

Social Inclusion.

In the Southern and Eastern Region, it is anticipated that a range of programmes will operate in sectors such as Rural Development; Rural Recreation; Community Development; Local Development; Volunteering; Inland Waterways and the Drugs Strategy. It is likely that funding will continue for many of the programmes and groups assisted under the previous Plan, but the Deputy will appreciate that it would be premature to seek to be more definitive at this time.

With regard to projects rolled over from the last NDP, I understand from Waterways Ireland that the Monasterevin Lifting Bridge on the Grand Canal Barrow Line and completion of Ardreigh Jetty on the Barrow Navigation are the only projects in Co. Kildare that they propose to have rolled over into the new NDP.

Post Office Network.

Jack Wall

Question:

306 Mr. Wall asked the Minister for Community, Rural and Gaeltacht Affairs the investigations he has carried out in regard to the closure of rural and urban post offices; the effect these closures are having on the counties; if he has had consultations with the Minister for Communications, Marine and Natural Resources in regard to such community based problems; and the plans he has in regard to resolving the matter. [4379/07]

The Government is committed to a viable and sustainable post office network providing a range of services to meet customer needs as set out in the Programme for Government. The network is geared towards customer demand in both urban and rural locations and must be adaptable to changing circumstances and trends but the core objective of the Government continues to be the retention of access to post office services in as many locations as possible.

The Deputy will appreciate, however, that I have no statutory responsibility for postal services and have not, therefore, assessed the effects, if any, of the closure of post offices. The question of the commercial viability of post offices is a matter for my colleague, Noel Dempsey, T.D., Minister for Communications, Marine and Natural Resources.

Milk Quota.

Liam Aylward

Question:

307 Mr. Aylward asked the Minister for Agriculture and Food the progress to date on the application for additional milk quota under the milk exchange scheme by a person (details supplied) in County Kilkenny. [4187/07]

For reasons of administrative efficiency, the Milk Quota Trading Scheme was managed centrally by my Department. However, the Scheme was operated at co-operative level and the results have been issued to each co-op, who will contact their suppliers directly with the outcome of their applications.

Liam Aylward

Question:

308 Mr. Aylward asked the Minister for Agriculture and Food the progress to date on the application for additional milk quota under the milk exchange scheme by a person (details supplied) in County Kilkenny. [4188/07]

For reasons of administrative efficiency, the Milk Quota Trading Scheme was managed centrally by my Department. However, the Scheme was operated at co-operative level and the results have been issued to each co-op, who will contact their suppliers directly with the outcome of their applications.

Liam Aylward

Question:

309 Mr. Aylward asked the Minister for Agriculture and Food is she will examine the case of a person (details supplied) in County Kilkenny whose lease on milk quota has expired; and if she will approve the extension of this lease in view of the fact that the quota is leased from close family members. [4189/07]

In the circumstances outlined the extension of the family lease is a matter for both parties to the lease to arrange. The Milk Quota Regulations provide for the renewal of leases within a period of 6 months of expiry of the lease.

EU Legislation.

Olivia Mitchell

Question:

310 Ms O. Mitchell asked the Minister for Agriculture and Food the number of prosecutions taken against farmers here in each of the past ten years for violations of EU legislation; and if she will make a statement on the matter. [4259/07]

The information requested is not readily available and will be forwarded to the Deputy as soon as possible.

Forestry Industry.

Eamon Ryan

Question:

311 Mr. Eamon Ryan asked the Minister for Agriculture and Food the projected felling in the Dublin and Wicklow mountains over the next five years; and the allowances made within felling plans for areas of high recreational and amenity usage. [4260/07]

The following are the projected clearfelling figures in hectares for the area in question for the period 2007-2011 inclusive:

Year

Hectares

2007

730.4

2008

639.9

2009

488.7

2010

830.6

2011

100.0

Coillte has a general policy of allowing open access to its forests and the recreational opportunities that result are among the many non-timber benefits that Irish forests offer. These forests have a natural cycle which incorporates planting, thinning, felling and replanting and throughout this process public access is, as far as possible, maintained.

In the consultation process undertaken in the formulation of felling plans high importance is attributed to the recreational and amenity value of the forest. Before the licensing of any felling site the relevant local authority, who have a particular role where amenity is concerned, is consulted in relation to the proposed felling and replanting proposals for the site. If deemed necessary, on environmental grounds, further consultations may also be undertaken with other relevant bodies such as the National Parks and Wildlife Service and Fisheries Boards.

The conditions of all felling licences require that the felling and replanting proposals must be carried out in accordance with the Forest Service Code of Best Practice and must also comply with the Forest Service Code of Best Forest Practice and must comply with the Forest Service guidelines relating to Landscape, Forest Harvesting and the Environment and the Irish National Forest Standard.

Eamon Ryan

Question:

312 Mr. Eamon Ryan asked the Minister for Agriculture and Food if she has plans to amend the remit of Coillte to include the provision and management of recreational woodland areas; and if not, the measures she will take for the regulation of same. [4261/07]

I do not currently have plans to amend the remit of Coillte as set out in its Memorandum of Association in relation to the provision and management of recreational woodland areas. Coillte has a role in the provision of recreational facilities and has produced a revised and updated policy on recreation, ‘Recreation Policy-Healthy Forests, Healthy Nation', which I launched in October 2005.

Rural Environment Protection Scheme.

Paul Connaughton

Question:

313 Mr. Connaughton asked the Minister for Agriculture and Food when she proposes to introduce REP scheme four; and if she will make a statement on the matter. [4268/07]

REPS 4 will form part of the new Rural Development Programme for the period from 2007 to 2013. The Programme was sent to the European Commission in late December, 2006 and has to go through its approval process. I cannot be definite as to how long this process will take but I continue to pursue early approval. My officials are in ongoing contact about it with their counterparts in the Commission services.

National Development Plan.

Jack Wall

Question:

314 Mr. Wall asked the Minister for Agriculture and Food the completed projects within Kildare that were proposed under the last national development plan by her Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if she will make a statement on the matter. [4284/07]

The measures relevant to my Department in the 2000-2006 National Development Plan did not provide for or relate to individual projects. Instead, they comprised support schemes for the agri-food sector and related research. The table below sets out payments under the various schemes in County Kildare during the period.

Scheme

Amount

€m

Compensatory Allowances

6.302

REPS

17.597

Early Retirement

1.515

Forestry

4.266

Food

1.415

Farm Waste Management

0.589

Installation Aid

0.549

Dairy Hygiene Scheme

0.190

Alternative Enterprises

0.045

Livestock Breeding equine

2.676

Organic Farming

0.031

Grain Storage

0.268

Potatoes

0.004

Horticulture

0.960

Animal Carcase Disposal

0.051

Total

36.458

In addition to the above payments, support provided under the National Development Plan for general measures such as agri-food research and cattle breeding infrastructures also benefited of the agri-food sector in County Wexford. The new NDP 2007-2013 has a variety of measures addressing the needs of the agri-food sector. Participation has not been pre-determined on a location basis and will depend on compliance with the relevant eligibility conditions.

Forestry Regulations.

Olivia Mitchell

Question:

315 Ms O. Mitchell asked the Minister for Agriculture and Food if she will speed up the making of by-laws to cover forestry areas in view of the fact that motorbike and quads and other unsuitable activities are destroying many areas and interfering with other users and local residents; and if she will make a statement on the matter. [4342/07]

I am aware that Coillte are encountering problems with unauthorised activities in a number of their forests. Arising from these problems, Coillte have, in accordance with Section 37 of the Forestry Act, 1988, requested me to make bye-laws governing this activity. Draft bye-laws have been prepared and are currently being considered by Coillte.

Bovine Disease Controls.

James Breen

Question:

316 Mr. J. Breen asked the Minister for Agriculture and Food if she will extend the age from 30 to 36 months for BSE testing; and if she will make a statement on the matter. [4389/07]

The requirement that all bovine animals over 30 months of age, slaughtered for human consumption, must be tested for BSE is provided for in Regulation (EC) No. 999/2001 of the European Parliament and of the Council, laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (The TSE Regulation). Accordingly I do not have the discretion to raise this age threshold as I would wish to do in view of the major progress achieved here in relation to BSE.

I have been making repeated efforts to have the age thresholds for the various categories of animals changed, based on the results of surveillance carried out here. Under the recently amended TSE regulation there is provision for a revision to Members States' monitoring programmes (including changes to the age at which healthy slaughtered animals for human consumption must be tested for BSE) on the basis of applications by Member States in response to their improved BSE situation. Such applications will have to be assessed according to criteria for evaluating the improvement of the epidemiological situation that has yet to be laid down. The matter is currently under discussion at TSE working group level in Brussels and will take some time to finalise.

Any request for such changes would require to be approved by the European Commission and the other Member States within the framework of the Standing Committee on Animal Health and the Food Chain. I will, of course continue to press for a change in the age threshold at every opportunity.

School Staffing.

James Breen

Question:

317 Mr. J. Breen asked the Minister for Education and Science if she will sanction the appointment of six special needs assistants to a school (details supplied) in County Clare as a priority. [4191/07]

As the Deputy is aware, the National Council for Special Education (NCSE), through the local special educational needs organisers (SENOs), is responsible for processing applications from schools for special needs supports, including special needs assistant support. The SENOs also convey decisions on the applications directly to schools. My officials have been advised by the NCSE that the matter has been referred to the local SENO for attention. I understand that the SENO will make direct contact with the school authorities to discuss the matter.

School Accommodation.

Cecilia Keaveney

Question:

318 Cecilia Keaveney asked the Minister for Education and Science the position in relation to a school building (details supplied) in County Donegal; and if she will make a statement on the matter. [4192/07]

An application for an extension has been received from the school to which the Deputy refers. An assessment of the long term projected staffing, on which the schools accommodation needs are based is currently underway in the Department. This assessment will take into account factors such as current and projected enrolment, demographic trends and housing developments. Once this assessment is complete, the building project required to meet the schools long term accommodation needs will be considered in the context of the School Building and Modernisation Programme. The school has also submitted an application for funding under the Permanent Accommodation Scheme 2007. All applications received under this scheme are under consideration and the list of successful applicants will be published shortly.

Education Schemes.

Denis Naughten

Question:

319 Mr. Naughten asked the Minister for Education and Science the education related schemes for primary schools and teachers, run on a pilot basis or otherwise, which are funded by her Department and are not available on a nationwide basis but confined to specific geographical locations; the local authority area in each case within which schools and teachers are eligible to participate in that particular scheme; and if she will make a statement on the matter. [4214/07]

My Department funds a number of initiatives under various programmes and schemes, on a pilot basis and otherwise, that may be confined to particular geographical locations. If the Deputy has specific initiatives in mind I will endeavour to provide more detailed information.

School Accommodation.

Fergus O'Dowd

Question:

320 Mr. O’Dowd asked the Minister for Education and Science the position regarding the need for an extension to a school (details supplied) in County Louth; and if she will make a statement on the matter. [4215/07]

I can confirm to the Deputy that the Department is in receipt of an application for major capital funding from the management authority of the school to which he refers. This application is currently being assessed and contact will be made directly with the school authority when this assessment has been completed. Progress on the proposed works will be considered in the context of the School Building and Modernisation Programme from 2007 onwards.

Physical Education Facilities.

Charlie O'Connor

Question:

321 Mr. O’Connor asked the Minister for Education and Science if she will confirm that funding and plans are in place to open to the public the facilities at the new physical education hall at a centre (details supplied) in Dublin 24; if she will furnish details of same; and if she will make a statement on the matter. [4238/07]

The Department of Education and Science has provided funding in excess of €34m for the construction of nine dual use halls with enhanced facilities attached to post-primary schools. Eight of these halls are in Dublin and one is in Cork.

An allocation of funding amounting to €2.5 million was approved by the Government under the Educational Disadvantage strand of the Dormant Accounts Fund 2006 to establish the community use element of these sports halls.

Two proposals were submitted to this Department with a view to drawing down part of this funding to facilitate community use of five of the halls. One of which was a proposal from County Dublin VEC that it will manage and operate three of the halls attached to schools in the South County Dublin area, on behalf of the Department of Education and Science, which includes Firhouse Community College.

Government agreement was given on Tuesday 23rd January to the drawdown of Dormant Accounts funding for both of these proposals amounting to €1.75 million or €350,000 per sports hall.

The Department has informed County Dublin VEC of this decision and given approval for appropriate staffing of the halls to facilitate their use by the community.

Schools Building Projects.

Charlie O'Connor

Question:

322 Mr. O’Connor asked the Minister for Education and Science the progress made in respect of the building programme at a school (details supplied) in Dublin 6W; the schedule being followed; and if she will make a statement on the matter. [4239/07]

The building project referred to by the Deputy is at an early stage of architectural planning. The school was listed in my announcement of 30 January 2007 as a project to progress to tender and construction.

A meeting has been arranged for 27 February 2007 with the School and the Design Team in order to evaluate the Stage 3 submission (developed sketch scheme). In this regard, the Board of Management has given an undertaking to have the submission in my Department one week before the meeting. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to tender and construction.

Teachers’ Remuneration.

Michael Noonan

Question:

323 Mr. Noonan asked the Minister for Education and Science if the financial control section of her Department has compiled the contribution record of a person (details supplied) in County Limerick in order that the Department of Social and Family Affairs can forecast their pension; if her attention has been drawn to the fact that their contribution record contains two classes of contributions modified and full rate contributions for the years from 1990 to 2004 and is causing some difficulty; and if she will make a statement on the matter. [4240/07]

The matter referred to by the Deputy is being investigated. I will arrange for a full reply to be forwarded to him as soon as possible.

School Accommodation.

Cecilia Keaveney

Question:

324 Cecilia Keaveney asked the Minister for Education and Science when the balance of accommodation agreed at the beginning of the process for a school (details supplied) in County Donegal will be progressed; and if she will make a statement on the matter. [4253/07]

An application for an extension has been received from the school to which the Deputy refers. An assessment of projected enrolments, demographic trends and housing developments in the area, is currently underway in the Department and this will assist in determining the long term projected enrolment for the school on which the school's long term accommodation needs will be based. When the long-term projected enrolment has been finalised and agreed with the school authorities the Department will draw up schedules of accommodation for the project which will be considered in the context of the School Building and Modernisation Programme.

Cecilia Keaveney

Question:

325 Cecilia Keaveney asked the Minister for Education and Science the plans to improve accommodation at a school (details supplied) in County Donegal; and if she will make a statement on the matter. [4254/07]

An upward trend in enrolment in recent years at the school referred to by the Deputy has necessitated a review by the Department of demographic trends, housing developments and enrolment trends in the area in order to ensure that any capital funding provided will deliver accommodation appropriate to the school's need into the future. Upon completion of this re-assessment a decision will be conveyed to the school on how best to provide for the school's long term accommodation needs.

Cecilia Keaveney

Question:

326 Cecilia Keaveney asked the Minister for Education and Science the plans to improve accommodation at a school (details supplied) in County Donegal; and if she will make a statement on the matter. [4255/07]

Changes in the enrolment trends in recent years at the school referred to by the Deputy has necessitated a review by the Department of demographic trends, housing developments and enrolment trends in the area in order to ensure that any capital funding provided will deliver accommodation appropriate to the school's need into the future. Upon completion of this re-assessment a decision will be conveyed to the school on how best to provide for the school's long term accommodation needs.

Schools Building Projects.

Damien English

Question:

327 Mr. English asked the Minister for Education and Science if her attention has been drawn to the fact that Kells Town Council has made additional lands available for educational development adjacent to the current schools in Kells, County Meath; if consideration has been given to the proposed new school buildings for a school (details supplied) to be provided at this new site in order to keep the current secondary schools adjacent to one another; and if she will make a statement on the matter. [4257/07]

The building project for the school to which the Deputy refers is one of 23 new post-primary schools being built under the Department's Public Private Partnership Programme.

The site for the project is being acquired by the Department under the terms of the Residential Institutions Redress Act, 2002. In this regard, the Department has accepted, in principle, a site in Kells which was offered under the terms of the property aspect of the Indemnity Agreement between the State and 18 Religious Congregations.

Documentation in relation to the transfer of ownership is currently with the Chief State Solicitor's Office. In the event that the Department is ultimately unable to acquire the site in question, it will look at other options.

Jack Wall

Question:

328 Mr. Wall asked the Minister for Education and Science the completed projects within Kildare that were proposed under the last National Development Plan by her Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if she will make a statement on the matter. [4289/07]

The National Development Plan 2000-2006 identified the need for major investment in educational infrastructure in new and refurbished buildings, new equipment and information technology to make education more relevant to the needs of a modern economy. The plan did not identify individual building projects to be addressed either on a local or county basis. It was a matter for my Department to prioritise projects objectively and ensure that funding was appropriately allocated in line with priority assessments. If the Deputy has specific projects in mind my Department can provide the relevant information.

As the Deputy will be aware, the local area development plan for the N4/M4 corridor, is the framework document for the Department's long-term educational strategy at both primary and post-primary level for the area concerned, including part of Kildare. The recommendations in the plan are being actioned in the context of the School Building and Modernisation Programme subject to the published prioritisation criteria for large scale building projects.

In general, my Department accelerated the school building programme with record levels of investment and the streamlining of delivery systems during the period of the last NDP. The Government is delivering on its commitment to provide modern facilities in schools and has progressively increased funding in recent years with an aggregate total of well over €2.6 billion invested in the period from 2000 to 2006 in upgrading existing school infrastructure and providing new school accommodation at both first and second-level.

This is the largest investment programme in the history of the State. It has delivered over 7,800 projects including 1300 in 2006 alone. In addition the investment covered site purchases; the annual minor works grant to all primary schools, dust/asbestos and radon remediation programmes, science and technology initiatives, contingency works and grants for the purchase of furniture and equipment including improving equipment needed for new technologies and ICT.

To put it in context in terms of pupil numbers, if we take new primary schools recently completed, under construction or approved to progress to construction, we are delivering over 15,000 new permanent pupil places, almost 70% of these in the Leinster area. This figure relates to new schools only and does not include an additional 8,750 school places being delivered under the permanent accommodation scheme.

Innovations in the delivery of school buildings such as Generic Repeat Designs and the use of the Design and Build model ensure that new school buildings are delivered in the fastest time-frame possible. In recent years, my Department has also adopted a policy of devolving much greater authority to local school management boards to manage and deliver smaller building projects, thereby freeing my Department to concentrate on the larger scale projects.

My Department has never underestimated the scale of the task and the level of capital funding and other resources required to rectify decades of under investment in school infrastructure. However, the Government is delivering on its commitment to provide modern facilities in schools and will provide a further €4.8 billion for educational infrastructure over the period of the new National Development Plan 2007-2013.

Educational Disadvantage.

Michael Ring

Question:

329 Mr. Ring asked the Minister for Education and Science when did the DEIS commence; when were schools first identified for inclusion in this programme; and the length of time this scheme will operate for. [4343/07]

DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, which was launched on 30th May 2005, will be implemented on a phased basis over 5 years — starting during the school year 2005/2006. It aims to ensure that the educational needs of children and young people from pre-school to completion of upper second-level education (3 to 18 years) from disadvantaged communities are prioritised and effectively addressed. It will involve an additional annual investment of some €40 million on full implementation and the provision of some 300 additional posts across the education system.

The action plan provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). DEIS will bring together and build upon a number of existing interventions in schools with a concentrated level of disadvantage.

In the primary sector, the identification process was based on a survey carried out by the Educational Research Centre (ERC) in May 2005, from which a response rate of more than 97% was achieved.

In the case of second-level schools, the Department supplied the ERC with centrally-held data from the Post-Primary Pupils and State Examinations Commission databases.

As a result of the identification and review process, 873 schools have been included under the DEIS action plan. These comprise 670 primary schools and 203 second-level schools. Roll out of support measures to schools under the action plan commenced in 2006.

Schools which have not qualified for inclusion in DEIS and which are receiving additional resources under pre-existing schemes for addressing disadvantage, will continue to receive support in line with their level of disadvantage.

Michael Ring

Question:

330 Mr. Ring asked the Minister for Education and Science if a school (details supplied) in County Mayo applied for either the disadvantaged scheme which was in place or for inclusion in the DEIS. [4344/07]

Michael Ring

Question:

332 Mr. Ring asked the Minister for Education and Science the eight separate schemes for disadvantaged primary schools which were put in place over the years; if a school (details supplied) in County Mayo ever participated in or applied for any of those schemes; and if so, the details of the participation. [4346/07]

Michael Ring

Question:

333 Mr. Ring asked the Minister for Education and Science if a school (details supplied) in the primary sector in County Mayo participated in the survey carried out by the Educational Research Centre in May 2005; and if she will make a statement on the matter. [4347/07]

I propose to take Questions Nos. 330, 332 and 333 together.

DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP).

DEIS brings together and builds upon the following pre-existing interventions in schools with a concentrated level of disadvantage:

Giving Children an Even Break (GCEB)

Breaking the Cycle (BTC)

Early Start

Support Teacher Project

Disadvantaged Areas Scheme (DAS)

Home/School/Community Liaison Scheme (HSCL)

School Completion Programme (SCP)

Free Books Grant Scheme

The process of identifying schools for participation in DEIS was managed by the Educational Research Centre (ERC) on behalf of my Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate. In the primary sector, the identification process was based on a survey carried out by the ERC in May 2005, from which a response rate of more than 97% was achieved.

The school to which the Deputy refers participated in the survey but was not identified for inclusion in DEIS. A review mechanism was also put in place to address the concerns of schools that did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the programme. The review process operated under the direction of an independent person, charged with ensuring that all relevant identification processes and procedures were properly followed in the case of schools applying for a review.

The closing date for receipt of review applications was 31 March, 2006. The Group submitted a report and the review is now concluded. Schools who applied for a review were informed of the outcome in August, 2006. The school to which the Deputy refers did not apply for review.

Schools which have not qualified for inclusion in DEIS and which are receiving additional resources under pre-existing schemes for addressing disadvantage, can be assured that they will continue to receive support in line with their level of disadvantage. The school referred to by the Deputy received funding under GCEB and retains that level of funding in the current school year.

Michael Ring

Question:

331 Mr. Ring asked the Minister for Education and Science when was the classification of disadvantaged status for schools first introduced; and the length of time it has been operational. [4345/07]

The Disadvantaged Areas Scheme commenced in 1984. The scheme is being integrated into the new action plan for educational inclusion, DEIS (Delivering Equality of Opportunity in Schools) which I launched last year.

DEIS provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme and will bring together, and build upon, a number of existing interventions in schools with a concentrated level of disadvantage.

Questions Nos. 332 and 333 answered with Question No. 330.

Michael Ring

Question:

334 Mr. Ring asked the Minister for Education and Science the primary schools in County Mayo that did not participate in the survey carried out by the Educational Research Centre in May 2005; and if she will make a statement on the matter. [4348/07]

The process of identifying schools for participation in DEIS was managed by the Educational Research Centre (ERC) on behalf of my Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate. In the primary sector, the identification process was based on a survey carried out by the ERC in May 2005, from which a response rate of more than 97% was achieved.

In Mayo, 170 primary schools returned their survey to the ERC from a total of 179 primary schools within the county in the school year 2004/2005. As a result of the identification process and subsequent review, 68 primary schools in Mayo have been included in the School Support Programme and nearly 20% of all schools in the rural strand of the programme are in Mayo.

Site Acquisitions.

Paul Nicholas Gogarty

Question:

335 Mr. Gogarty asked the Minister for Education and Science the reason it has taken so long to identify a site for a new building for a school (details supplied) in County Dublin. [4352/07]

Paul Nicholas Gogarty

Question:

336 Mr. Gogarty asked the Minister for Education and Science the discussions that have taken place with landowners and South Dublin County Council regarding the provision of a site for a school (details supplied) in County Dublin. [4353/07]

Paul Nicholas Gogarty

Question:

337 Mr. Gogarty asked the Minister for Education and Science her views on requesting the council to initiate compulsory purchase order proceedings on suitable land in the Saggart area to provide space for the long awaited new building for a school (details supplied) in County Dublin; and if she will make a statement on the matter. [4354/07]

I propose to take Questions Nos. 335, to 337, inclusive, together.

The Department has acknowledged the need to relocate the existing primary school referred to by the Deputy to a greenfield site. The acquisition of a site for this development is being actively pursued with South Dublin County Council and the relevant landowners. When this matter has been finalised, progress on the proposed project can be considered under the School Building and Modernisation Programme.

Paul Nicholas Gogarty

Question:

338 Mr. Gogarty asked the Minister for Education and Science if, notwithstanding the proposal for housing at a site (details supplied) in County Dublin, she will request South Dublin County Council to initiate compulsory purchase order proceedings at the site known as the Bull’s Field to provide a new school building for a school (details supplied) in County Dublin; and if she will make a statement on the matter. [4355/07]

Paul Nicholas Gogarty

Question:

339 Mr. Gogarty asked the Minister for Education and Science if her Department has been approached by a company (details supplied) with reference to the package of proposals including the selling of a school site as part of planning permission for 1,600 houses in County Dublin; if a proposed price for the land as part of this package has been put on the table in any way shape or form; if this price would be more costly than the price paid by means of a compulsory purchase order at agricultural prices; and if she will make a statement on the matter. [4356/07]

I propose to take Questions Nos. 338 and 339 together.

The Property Management Section of the Office of Public Works, which acts on behalf of the Department in relation to site acquisitions generally, has been asked to source a site for the school to which the Deputy refers. A number of site options have emerged and the Department is awaiting a report from the OPW which will identify a preferred site option. In the circumstances, the issue of a compulsory purchase does not arise in relation to this matter at this time.

The Department has no knowledge of the other development proposals referred to by the Deputy. Normally, however, a local authority will ask the Department if it is willing to release a school site reservation before it takes any decision to re-zone the land. In addition, a development of the size in question is likely to be the subject of an area development plan and the local authority is obliged by Statute to forward such plans to the Department for comment in the context of educational requirements for the area.

Schools Building Projects.

Paul Nicholas Gogarty

Question:

340 Mr. Gogarty asked the Minister for Education and Science if she will withdraw support for plans to locate a school (details supplied) at a site in Deansrath in view of the strong and logical reservations expressed by parents living in the Clondalkin village area; if her Department will renew efforts to locate a suitable site in the village area; and if she will make a statement on the matter. [4357/07]

Paul Nicholas Gogarty

Question:

341 Mr. Gogarty asked the Minister for Education and Science if her attention has been drawn to the strong reason for keeping a school (details supplied) in Clondalkin village; and if all of these issues have been or will be considered by her Department in terms of deciding whether or not to push forward with plans to locate a new school site at Deansrath. [4358/07]

I propose to take Questions Nos. 340 and 341 together.

The Department has acknowledged the need for a site for a permanent building for the school to which the Deputy refers. The site on which the school is currently located is not available, however, a 0.93 acre site adjacent to the school was offered by the owner. This is even smaller than the current school site and is not adequate to provide a modern purpose built 16 classroom school with the full range of ancillary accommodation which all new schools enjoy. Circa 2.5 acres is the minimum amount of land required.

Enormous difficulties were encountered in trying to acquire a site in what is a built up urban area. In fact, no suitable site at all emerged under the acquisition process. In the circumstances the Department had to consider other options and was fortunate that the County of Dublin Vocational Education Committee not alone had land that could be developed but was willing to make this land available.

There are any number of schools up and down the country that start in one location and are permanently located in another. It also has to be remembered that unlike other primary schools, Gaelscoileanna do not have catchment areas and are not, therefore, confined to being accommodated in specific locations although the Department will always try to re-locate schools as close to an original location if this is possible. It is not realistic, however, in a large urban area to expect this to be easily achieved. School communities themselves are usually aware of local land issues so re-locations are rarely if ever a problem particularly when what is on offer is a multi million Euro investment to ensure that the children concerned have a comfortable high quality learning environment.

Paul Nicholas Gogarty

Question:

342 Mr. Gogarty asked the Minister for Education and Science her plans put in place since the Newcastle and Rathcoole/Saggart Local Area Plans were adopted; the additional population increase identified over the next five years; the additional primary and second level school place provision that has been earmarked; and if she will make a statement on the matter. [4359/07]

It is the Department's intention to construct a new 24 classroom primary school to cater for the long terms needs of the Newcastle area. The acquisition of a site for this purpose is being actively pursued.

In Rathcoole the Department plans to increase post primary capacity to 1,000 pupil places.

In Saggart, the Department has acknowledged the need to re-locate the existing school to a Greenfield site so it can be expanded to a 16 classroom facility. The acquisition of a site for this development is also being actively pursued.

All of these projects command a Band 1 priority rating under the published prioritisation for large scale building works and they will be progressed as soon as possible under the school Building and Modernisation Programme.

Educational Infrastructure.

Paul Nicholas Gogarty

Question:

343 Mr. Gogarty asked the Minister for Education and Science the contacts that have taken place between her Department and a company (details supplied) in relation to development led plans to construct up to 6,000 new homes in Newcastle; if there are contingency plans in place should such a plan be passed by members of South Dublin County Council in the next 12 months; and if she will make a statement on the matter. [4360/07]

The Department has not been contacted by the company to which the Deputy refers.

A development of the size in question is likely to be the subject of an Area Development Plan and the local authority is obliged by Statute to forward such plans to the Department for comment in the context of educational requirements for the area.

Higher Education Grants.

Jack Wall

Question:

344 Mr. Wall asked the Minister for Education and Science the reasons an Irish citizen resident in the common travel area of the EU does not qualify for grants for courses under the remit of her Department if the person is resident in the common travel area but not in Ireland on 1 October of the proceeding year of the application; and if she will make a statement on the matter. [4380/07]

The position is that under the Higher Education Grants Scheme, which is administered by the Local Authorities on behalf of the Department, generally speaking, students who are entering approved courses for the first time are eligible for grants (maintenance and tuition fees) where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. An approved course for the purpose of the Higher Education Grants Scheme means a full-time undergraduate course of not less than two years duration and a full time postgraduate course of not less than one years duration pursued in an approved third level institution.

The condition relating to residency requires, in the case of a candidate under 23, the candidate's parents or guardians to have been resident in the administrative area of a Local Authority from 1st October of the previous year. In the case of an ‘Independent Mature Candidate' the candidate himself/herself must have been resident in the administrative area of a Local Authority from 1st October of the previous year. The Local Authorities have discretion to waive this requirement in exceptional circumstances.

Under the Nationality clause of the Scheme all E.U nationals, including Irish Nationals, are eligible to be considered.

However, candidates who are E.U. nationals and who do not satisfy the residency requirement are eligible to apply for a means-tested fees only grant in respect of approved courses in the Republic of Ireland, provided they have been ordinarily resident, for a purpose other than wholly or mainly to receive full-time education, in an E.U. Member State from 1 October, of the previous year. Such candidates shall apply to the Local Authority in which the college they propose to attend is situated.

Apart from the funding provided through the student maintenance grant schemes, the Department also provides funding to the approved third level institutions to operate a Student Assistant Fund to assist students in a compassionate and sensitive manner who may otherwise have to leave college due to financial hardship. Information on the fund is available from the Student Access Officer at the college being attended.

Schools Refurbishment.

Jack Wall

Question:

345 Mr. Wall asked the Minister for Education and Science the reason schools seeking to apply for funding from dormant accounts have to initially spend much needed funding in preparing their application, that is architects' fees and so on, that is not refundable if their application is not successful for summer works scheme allocations (details supplied); and if she will make a statement on the matter. [4381/07]

A Consultant's report is necessary for the Schemes to which the Deputy refers:

For a professional diagnosis of the full nature and extent of the proposed project.

To verify the absolute necessity of the project.

To provide a range of cost effective solutions.

To enable the prioritisation of projects on the basis of professional objective information.

Furthermore, the Consultant used must be suitably qualified for the job for which he or she is being retained and have adequate Professional Indemnity Insurance so that a school can have come back in the event of any difficulty arising on foot of technical advice given.

Fees are not refundable for unsuccessful applicants under the Summer Works Scheme (SWS) because, in the governing Circular Letter the Department makes it clear that, commensurate with the level of funding available, only demonstrably necessary projects which command the highest priority rating will be approved to proceed. It is also made clear that any reasonable fees incurred are included in the overall allocation for successful applicants only. Under the Scheme, schools are asked to self assess their own projects and satisfy themselves that they are willing to proceed knowing that they will have to meet the Consultant's costs if their application is not successful.

The school to which the Deputy refers was unsuccessful under the SWS because it was involved in amalgamation discussions. As a matter of policy, the Department will not incur heavy expenditure on a building if there is any question of it being vacated.

Adult Education.

Brian O'Shea

Question:

346 Mr. O’Shea asked the Minister for Education and Science if she will grant the additional funding which City of Waterford VEC have applied for in order that their adult education programme can be resumed in the Autumn; and if she will make a statement on the matter. [4382/07]

I would refer to my reply to Question 3962 of 6 February 2007.

My Department provides annual grants to VECs for the Further and Adult Education programmes they offer. The grants relate to the calendar year. The scope of any programme is governed by the budget provided.

The City of Waterford VEC has applied to the Department to offset a deficit on its Community Education Programme, which is the subject of the question, against an underspend on its Adult Literacy Programme for 2006. Approval of this arrangement has been conveyed to the VEC. It will have the effect of clearing the 2006 deficit. VECs will shortly be informed of their 2007 budgets and will be reminded that expenditure on their programmes must remain within budget.

Defence Forces Reserve.

Eamon Gilmore

Question:

347 Mr. Gilmore asked the Minister for Defence his plans to give the Reserve Defence Force access to a C and A scheme; and if he will make a statement on the matter. [4266/07]

Defence Force Regulations S.7 and its enabling legislation the Defence Amendment Act, 1990 provide for representative structures for members of the Defence Forces including the Army and Naval Reserves. The question of a Conciliation and Arbitration Scheme for the ranks represented by the Reserve Defence Representative Association (RDFRA) has been raised by representatives of the association in the past. I am conscious that RDFRA presents substantial issues on behalf of members. However, I do not feel that a C&A scheme is warranted. The PDF C&A scheme addresses issues affecting the livelihood of members of the PDF. The Reserve Defence Force (RDF) is a voluntary organization and members are not dependant on it for their livelihood. Members of the RDF automatically accrue the benefits of improvements in pay and conditions made to their PDF colleagues.

There are three (3) Conciliation and Arbitration Schemes in the country covering Teachers, Civil Servants and the Permanent Defence Force. Each covers an organisation with very large numbers of permanent employees.

Under existing arrangements, RDFRA has open access to both the Department and the Military Authorities. A number of meetings take place each year between the Association and officials of the Department and separately between the Association and the Military Authorities. The frequency of this interaction has increased in recent times reflecting the modernisation agenda that is being progressed. My Department has recently initiated a joint forum where RDFRA, the Military and officials from the Department meet to collectively discuss and progress areas of concern to members of the RDFRA. Any issues within the scope of representation (as set out in the C&A Scheme for RACO and PDFORRA), which the Association wishes to raise, are dealt with at these fora.

Significant progress is being made in the modernisation of the Reserve. The Reserve Defence Force Review Implementation Plan, which was formally launched in 2004, is progressing well. There is great credit due to both the members of the Reserve and their Representative Association for their contribution to this progress. Much work remains and ongoing dialogue between the Department and RDFRA is essential to the successful completion of the modernisation agenda. I remain sensitive to the concerns of RDFRA but am satisfied that there are processes in place to ensure that any issues that arise can be discussed and progressed. I will of course keep this situation under review to ensure that the good progress made to date continues into the future.

National Development Plan.

Jack Wall

Question:

348 Mr. Wall asked the Minister for Defence the completed projects within Kildare that were proposed under the last National Development Plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4288/07]

No funds were made available to my Department under the previous or new National Development Plan.

Social and Affordable Housing.

Arthur Morgan

Question:

349 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government when the text of the Social Housing (Miscellaneous Provisions) Bill 2006 will be finalised; and the date on which the Bill will be published by his Department. [4216/07]

The Government have approved the drafting of the Social Housing (Miscellaneous Provisions) Bill 2006. The drafting of the Bill is being advanced as quickly as possible and it is expected that it will be published by early summer this year.

Michael Noonan

Question:

350 Mr. Noonan asked the Minister for the Environment, Heritage and Local Government if he will confirm that a local authority may not approve an applicant for affordable housing unless their home loan has been arranged with one of three financial institutions approved by his Department (details supplied); his views on whether this practice is unfair and anti-competitive; and if he will make a statement on the matter. [4263/07]

Following detailed discussions between my Department and a number of the main financial institutions, Bank of Ireland Mortgage Bank, the Educational Building Society and IIB Homeloans Ltd have introduced mortgage finance products for persons wishing to access affordable housing. The introduction of these products followed the finalisation of agreements between the institutions concerned and my Department in relation to certain issues, particularly the ranking of the various charges, including the claw-back charge, on affordable homes financed by private mortgages.

My Department has sought to encourage interest in providing mortgages for affordable housing from as many private institutions as possible. While I am pleased that there are now three such providers, I would welcome the entry of further private mortgage lenders into the market. My Department is committed to working pro-actively with prospective entrants to finalise the agreement that must be entered into with each provider of affordable housing mortgages.

I should point out also that, in certain circumstances, eligible affordable purchasers may seek to finance their affordable home purchase by way of loan finance from their local authority.

Turbary Rights.

Paul Connaughton

Question:

351 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government the reason a plot of bog offered for sale under the new cessation of turf cutting scheme on behalf of a person (details supplied) in County Galway has not been purchased; and if he will make a statement on the matter. [4269/07]

The person involved was offering a specific type of turbary right which had originally been purchased from the Land Commission. It transpired that it was not possible to transfer this type of turbary right to the State, but only to extinguish the right. The complex issues involved in cases of this kind have now been resolved and they are being moved forward.

Natural Heritage Areas.

Paul Connaughton

Question:

352 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government when an application by a person (details supplied) in County Galway to have land reclassified from its current special area of conservation status will be decided on; and if he will make a statement on the matter. [4270/07]

My Department is considering this application and a decision should issue shortly.

National Development Plan.

Jack Wall

Question:

353 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the completed projects within Kildare that were proposed under the last National Development Plan by his Department; the number under construction; the number that have rolled over to the new NDP; the other new proposals that are planned for Kildare under the new NDP; and if he will make a statement on the matter. [4291/07]

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

EU Directives.

Marian Harkin

Question:

354 Ms Harkin asked the Minister for the Environment, Heritage and Local Government when Directive 2003/4/EC will be transposed into law; and if he will make a statement on the matter. [4298/07]

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level. To date, the European Union has adopted two directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC). Ratification of the Convention will take place after these Directives have been transposed into Irish Law.

I intend to make regulations transposing Directive 2003/4/EC on access to information on the environment in the near future. Work is continuing on the transposition of Directive 2003/35/EC regarding public participation in respect of the drawing up of certain plans and programmes relating to the environment. When the above work is completed, the instrument of ratification of the Aarhus Convention will be laid before the Dáil in accordance with the requirements of the Constitution.

Anti-Social Behaviour.

Catherine Murphy

Question:

355 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if each local authority has adopted a strategy to deal with anti-social behaviour; if personnel are assigned specifically to tasks identified in such strategies; if so, the number and in which authorities; his views on a multi-agency approach to serious anti-social behaviour problems in council estates; if funding has been allocated by his Department for same; and if he will make a statement on the matter. [4302/07]

Local authorities are responsible under the Housing Acts for the management and maintenance of their housing stock and the management of their estates, including taking appropriate measures in relation to anti-social behaviour. Authorities have extensive powers under the Housing (Miscellaneous Provisions) Act 1997 to deal with the problem of anti-social behaviour. In fulfilment of commitments in the Housing Policy statement — Building Sustainable Communities, I am reviewing the provisions of this Act with a view to strengthening their powers and I hope to bring forward legislative proposals in this regard as soon as possible this year.

Primary responsibility for dealing with law and order issues rests with the Garda Síochána and in this regard, the powers of the Gardaí in dealing with anti social behaviour were enhanced under the provisions of the Criminal Justice Act 2006. The Garda Síochána Act 2005 further supports these efforts and provides for the establishment of joint policing committees — representative of local authorities, the Gardaí, other public bodies and community interests — whose statutory function includes reviewing the level and patterns of anti-social behaviour and advising on measures to tackle such behaviour. Clearly, the issue of anti social behaviour is best addressed by a co-ordinated response from all relevant agencies and I am fully supportive of such an approach.

Guidelines prepared by the former Housing Unit, now the Centre for Housing Research, were issued to all local authorities to assist them in developing their approaches to combating anti-social behaviour within their housing estates. The allocation of staff and funding to deal with anti-social behaviour issues in the context of the overall management of their housing stock is a matter for the local authority concerned. Local authorities have been assisted in this regard through an 8% increase in 2007 over 2006 in the level of general purpose grants allocated from the Local Government Fund.

Planning Issues.

Róisín Shortall

Question:

356 Ms Shortall asked the Minister for the Environment, Heritage and Local Government further to his reply to Parliamentary Question No. 1870 of 31 January 2007, if his attention has been drawn to the difficulties experienced by local authorities in regulating heavily pot-holed and poorly maintained shop fronts and landings at long established shops where the footpaths are not in public ownership; the powers he proposes to extend to local authorities to allow them to deal with the safety and other issues that arise for the public at such shops; and if he will make a statement on the matter. [4408/07]

I am satisfied that local authorities have sufficient powers at their disposal, including under planning and roads legislation, to deal with issues of the kind mentioned in the Question. Solutions to particular problems of this kind will also be appropriately addressed at local level. Further specific regulation of such issues is not envisaged at present.

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