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Dáil Éireann debate -
Tuesday, 26 Jun 2007

Vol. 637 No. 2

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 12, inclusive, answered orally.
Questions Nos. 13 to 74, inclusive, resubmitted.
Questions Nos. 75 to 81, inclusive, answered orally.

Tax Code.

John Deasy

Question:

82 Deputy John Deasy asked the Tánaiste and Minister for Finance the number of dutiable housing transfers which underpin the estimates for stamp duty receipts; the number in different duty rates; the aggregate value at each rate; the returns to date in 2007; and where there is a shortfall below expectation. [17290/07]

Stamp Duty from residential property in 2006, the latest full year for which details are available, made up approximately 35 per cent of the total Stamp Duty yield in that year. While my Department does not base its forecasts of Stamp Duty yield for the residential property sector on the number of transactions at the different rates of duty, a breakdown of the 52,901 such transactions in 2006 has been provided by the Revenue Commissioners.

This information, based on the consideration value upon which the stamp duty was payable, is as follows:

Where the consideration value was between €127,000 and €190,500 there were 10,877 transactions, yielding €52.9 million.

For consideration values between €190,501 and €254,000 there were 11,088 transactions, yielding a total of €98.2 million.

For consideration values between €254,001 to €317,500 there were 8,007 transactions, yielding €114 million,

For consideration values between €317,501 and €381,000 there were 8,600 stamp duty transactions, yielding €153.4 million.

For consideration values between €381,001 and €635,000 there were 9,833 transactions, yielding €339.2 million.

Finally, in the highest consideration value band, for properties valued at over €635,000 there were 4,496 transactions giving a yield of over €543.1 million.

Up to the end of May the Exchequer received €1,438m in stamp duty, which is just €16 million, or 1.1 per cent below profile. This includes Stamp Duty receipts from all headings, including shares, commercial transactions and property. The end-May figure represents an increase of 11 per cent on the same period last year, compared with a Budget day predicted increase of 5.6 per cent for the year as a whole.

Question No. 83 answered orally.

Programmes for Government.

Leo Varadkar

Question:

84 Deputy Leo Varadkar asked the Tánaiste and Minister for Finance the targets in the finance area in the programme for Government of June 2002 which were not delivered. [17348/07]

As the Deputy may be aware, a full progress report on the Programme for Government between Fianna Fail and the Progressive Democrats of June 2002 was published in April 2007 and is available on the Department of the Taoiseach website.

As outlined in that report, substantial progress has been made on meeting the targets set out in the Programme for Government. In the finance area good progress has been made on all targets. In particular the public finances have been maintained in a healthy condition while delivering dramatic reductions in taxation. Personal and business taxes have been kept low in order to strengthen and maintain the competitive position of the Irish economy. The budget and economic policies pursued by the Government have helped to generate unprecedented growth in the Irish economy, a spectacular increase in the number of people at work and the effective elimination of long-term unemployment.

The new Programme for Government will follow on the targets set out in the last Programme for Government.

Pension Provisions.

Michael D'Arcy

Question:

85 Deputy Michael D’Arcy asked the Tánaiste and Minister for Finance if his attention has been drawn to the fact that in some Departments instructions have issued to agencies under their supervision that they should not follow general accounting principles in presenting deferred pension liabilities; and if he will make a statement on the matter. [17289/07]

I assume that the Deputy is referring to the application of Financial Reporting Standard 17 — known as FRS 17 — that requires annual accounts to show the total accrued value of future pension liabilities in respect of staff. FRS 17 is applied through-out the private sector and in the accounts of all commercial State bodies.

In the public service, FRS 17 does not arise in the case of accounts prepared on a cash-basis. This includes the Appropriation Accounts for all Departments and Offices covering most of central government. However, FRS 17 does apply to non-commercial State bodies whose financial statements are prepared on the basis of accruals accounting. Normally these accounts would show pension liabilities — for example, where there are funded pension schemes. In relation to pay-as-you-go pensions, with the agreement of the Comptroller and Auditor General, most of these accounts now show an asset to balance the pensions liability. This reflects the fact that public service pension funding policy provides financing for pay-as-you-go pensions.

Ministers have statutory powers to determine the form of accounts of bodies under the aegis of their Departments. Any specific questions in relation to particular accounts should be addressed to the relevant Minister.

Public Investment Projects.

Jim O'Keeffe

Question:

86 Deputy Jim O’Keeffe asked the Tánaiste and Minister for Finance the system in place for pinning responsibility on a named public official for the delivery of public investment projects. [17336/07]

I announced a comprehensive package of measures in October 2005 to achieve better Value for Money on major capital and ICT projects. As one element of these measures, which are codified in a Department of Finance letter on Value-for-Money of January 2006, each Department and Sponsoring Agency must appoint an individual as Project Manager for each capital project at the planning/procurement stage. The project manager should be a senior official, including at Management Committee or Board level where appropriate. It is a matter for each project-implementing Department or agency to determine who should be appointed project manager in each individual case having regard to the scale, complexity and cost of each project.

The Project Manager is assigned personal responsibility for monitoring progress on projects against contract requirements and for reporting progress and issues arising to the Project Board. For major capital projects i.e. projects costing more than €30 million, the project manager must also on a quarterly basis submit a progress report to the Department's Management Advisory Committee (MAC) or the Agency's Board, as appropriate, and then to the relevant Minister. If adverse developments occur such as potential cost overruns or delays, the project manager's progress report should include recommendations to address the situation, including if warranted the option of project termination.

Furthermore, under the conditions of sanction for capital expenditure issued by my Department, all Departments are required to implement a system of spot checks of projects to ensure compliance with VFM requirements and to report the findings of such spot checks annually to my Department. The spot checks enable compliance with the requirement to have an individual project manager in place to be checked.

In terms of accountability, the arrangements accordingly provide for personal responsibility within the overall management framework of the Department or Implementing Agency as regards the planning, management and execution of projects. It is a matter for each Department's Management processes to address issues of individual performance as appropriate taking account of these and other issues.

House Prices.

Willie Penrose

Question:

87 Deputy Willie Penrose asked the Tánaiste and Minister for Finance his views on the prospect that first-time buyers will be excluded from the housing market if interest rates increase as forecast to 4.75% in 2007, causing first-time mortgage limits to fall substantially; and if he will make a statement on the matter. [17170/07]

At the outset, I would like to remind the Deputy that it is not appropriate for me to speculate on the likely path of interest rates, as these are set by the ECB which is independent. That said, I do not consider that potential first time buyers are facing exclusion from the housing market.

There are several reasons why this is the case. The first is that mortgage interest relief was doubled in the 2007 Budget. Furthermore, the new Programme for Government contains a commitment to increase in Budget 2008 the ceiling on mortgage interest relief for first time buyers, from €8,000 to €10,000 for single people and from €16,000 to €20,000 for couples and widowed persons and to keep the rate of relief at 20%. In addition, this Government has published a Bill which will abolish stamp duty for all first time buyers.

Finally, the available evidence indicates that house prices are easing. This, allied with rising incomes in the economy as a whole, should increase affordability for first time buyers.

Tax Code.

Olwyn Enright

Question:

88 Deputy Olwyn Enright asked the Tánaiste and Minister for Finance the interpretation of the objective in the programme for Government of keeping average earners out of the higher band. [17297/07]

The commitment in the Government Programme is to use tax credits and bands to keep low income earners out of the standard rate band and average earners out of the higher band. For 2007, in terms of gross liability to tax before the application of tax credits, the position is that a person earning the average wage, estimated to be about €33,000, will not face a liability to tax at the higher rate. This is because the upper limit of the standard rate band for a single person is set at €34,000 in 2007.

The aim is to maintain that position going forward. However, I would point out to the Deputy that the commitment is to be implemented subject to the controlling economic and fiscal framework. In addition, the Government are committed to operating a responsible fiscal policy characterised by broad budget balance and a declining debt burden.

Pension Provisions.

Noel Coonan

Question:

89 Deputy Noel J. Coonan asked the Tánaiste and Minister for Finance his estimate of the deferred pension liabilities of all public service employees and the way this compares to the moneys accumulated in the NPRF. [17279/07]

The accrued pensions liability in respect of all current public servants is estimated at €45 billion. This figure represents the present value of the liability to make future superannuation payments to serving employees and their dependants in respect of service to date. The National Pensions Reserve Fund was set up under the National Pensions Reserve Fund Act 2000. The Act provides for the payment from the Central Fund into the National Pensions Reserve Fund each year from 2001 until at least 2055 of a sum equivalent to 1% of GNP.

It is the responsibility of the National Pensions Reserve Fund Commission to invest the moneys in the Fund. The purpose behind the legislation is that the assets of the Fund, made up of the contributions from the Exchequer over the years plus any return that may be generated from the investment of the Fund, would meet as much as possible of the cost to the Exchequer of social welfare and public service pensions from 2025 until at least 2055. The legislation provides that no money can be drawn down from the Fund before 2025.

As recently reported by the Commission, the market value of the funds in the National Pensions Reserve Fund at the end of May 2007 was €20.75 billion.

Freedom of Information.

Kathleen Lynch

Question:

90 Deputy Kathleen Lynch asked the Tánaiste and Minister for Finance if his attention has been drawn to the recent annual report from the Information Commissioner in which she expressed concern regarding the operation of the Freedom of Information Act 1997, including the continued exclusion of many public bodies from its scope, a failure by the Government to consult her office before making changes and the deterrent cost of high fees; his plans to address these concerns, particularly in regard to the level of fees; and if he will make a statement on the matter. [17161/07]

I am aware of the contents of the recently published Annual Report of the Information Commissioner. The Freedom of Information Act, which covered 67 public bodies when it commenced in April 1998, now applies to over 500 bodies across the public sector. My Department is involved in an ongoing programme of FOI extension and is actively engaged with Government Departments about a number of bodies that remain outside the scope of the Act.

In relation to consultation with the Information Commissioner on changes to the FOI Act, it is not the practice of my Department to consult the Information Commissioner in this regard. However, arrangements have been put in place by my Department to ensure that the Information Commissioner is kept informed of legislation impacting on the FOI Act. The arrangements provide for the Office of the Information Commissioner to be notified by the relevant Department when any FOI-related legislation is published, enacted or commenced.

In regard to the fees that apply under the Freedom of Information Act, I have no plans to review these. I am satisfied that the fees currently in operation strike the correct balance between the burden and cost to the taxpayer of administering the FOI Act and the need to allow access to information.

Departmental Expenditure.

Tom Sheahan

Question:

91 Deputy Tom Sheahan asked the Tánaiste and Minister for Finance the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [17342/07]

In relation to the totality of public capital programmes and projects, as the Deputy will appreciate, primary responsibility for managing capital projects and the evaluation, planning and execution of such projects rests with line Departments and the relevant implementing agencies. There were no projects proposed, or approved, by my Department in 2007, the value of which exceeded the €30 million threshold for cost benefit analysis set out in the Guidelines for the Appraisal and Management of Capital Expenditure Proposals in the Public Sector. I am also informed that neither the Office of Public Works nor the Office of the Revenue Commissioners have had proposals for, or approved, projects in the course of the year to date which exceed the threshold for a cost benefit analysis.

Tax Code.

Catherine Byrne

Question:

92 Deputy Catherine Byrne asked the Tánaiste and Minister for Finance the parameters for the introduction of carbon tax as agreed in the programme for Government. [17270/07]

The Programme for Government signals that a carbon tax/levy will be introduced over the lifetime of this Government. The matter of the introduction of a carbon tax is one of the issues to be considered by the new Commission on Taxation to be established under the Programme.

Consequently, at this stage, the precise design of such a tax has yet to be determined. This will, of course, form an important part of the normal deliberative process of the Government in setting fiscal and environmental policy. Deputies will recall, however, that the Programme for Government indicates that the phasing-in of a carbon levy will be on a revenue neutral basis, so it is not intended that its introduction will lead to any net Exchequer revenue increase or net addition to the overall tax burden.

Tax Collection.

Pat Rabbitte

Question:

93 Deputy Pat Rabbitte asked the Tánaiste and Minister for Finance the number of random audits carried out by the Revenue Commissioners in 2006 and to date in 2007; the way this compares with each year from 2003 to date in 2007; the number expected to be undertaken during 2007; and if he will make a statement on the matter. [17173/07]

I have been advised by the Revenue Commissioners that 402 cases were selected for random auditing in 2006. As of 31 March 2007, 187 of these audits have been concluded. 215 cases are ongoing. I am advised that 410 cases were selected for random audit in 2005. 6 cases are still ongoing. Revenue's approach to random compliance testing changed significantly for their 2005 programme. The new approach introduced both better design and improved statistical vigour.

In 2004, the traditional random audit programme was not carried out due to the change in Revenue's approach following a review of the programme. However, 25 cases selected under the programme for previous years were completed in 2004. In 2003, 274 random audits were completed in 2003. Finally, in relation to 2007, I am advised that the random audit programme commenced at the end of March and 401 cases have been randomly selected. Internationally a sample in the order of 400 cases is regarded as an adequate sample for the purposes of an exercise such as this.

There are two primary objectives to this programme:

Compliance measurement

To provide some measure of the effect that Revenue's compliance programmes have on taxpayer compliance over time.

Deterrence

Random case selection ensures that no taxpayer is exempt (or believes himself or herself to be exempt) from the possibility of having his or her compliance position checked.

Q. What was wrong with the previous random audit programme? Why was it changed?

I am informed by the Revenue Commissioners that the previous programme was criticised by the Comptroller and Auditor General on the grounds that the cases selected by Revenue were not actually selected at random. Typically a certain amount of stratification was carried out before the cases were selected and there was subsequent screening of cases at Regional/District level. In other words, cases were not selected on a purely random basis and results could not be used to validate Revenue's other programmes or regarded as representative of the taxpayer population.

Q. How are cases selected under the Taxpayer Compliance Testing (Random) Programme?

For the 2005, 2006 and 2007 programmes a total of 400 cases approximately were selected at random on a pro-rata basis for each of Revenue's four regions and Large Cases Division. The cases were selected from those who had a live registration for any of the following taxes — Income Tax, Corporation Tax, VAT, Employer's PAYE/PRSI and Relevant Contracts Tax.

Q. What does the programme test?

The programme tests taxpayer compliance. Compliance measurement is a measure of the extent to which taxpayers fulfil their tax obligations. There are three basic tax obligations:

Taxpayers are obliged to file their returns on time (filing obligation);

Taxpayers are obliged to pay the liability on time (payment obligation), and

Taxpayers are obliged to report accurately on the return whatever is required for the correct liability to be established (reporting obligation).

Q. How do the Revenue Commissioners use the results of the new random audit programmes?

I am informed by the Revenue Commissioners that there are a number of secondary objectives associated with the new random programme and results will be used to evaluate these objectives. These are:

1. To validate the risk criteria being used to select cases for audit: This is one of the most frequently mentioned uses for random audit programmes as expressed by jurisdictions that operate a random audit programme. Typically this implies auditing a random sample of cases and comparing the results with those of cases that have been selected using risk-scoring systems. The expectation is that the adjustments, which arise on the risk selected cases, should be considerably higher than those from the randomly selected cases.

With the advent of Revenue's computerised risk scoring system, REAP, which is use throughout Revenue, this validation exercise will be more important in the future. The random programme will also have a role to play in the future identification of risk and the development of the risk assessment model.

2. Identifying emerging issues

Changes in the nature of economic activity and in tax legislation can give rise to new sources of tax evasion activity. Random case selection offers Revenue a means of gathering information on new forms of tax evasion activity that may not come to light using the existing risk assessment model.

3. Policy Changes

Random selection may provide data to allow the Revenue Commissioners to identify policy changes for improving tax compliance, including requests for staffing and resources.

Q. When will the results be available?

I have already given you the results for 2005 and prior years as well as an update for 2006. I am advised by the Revenue Commissioners that they expect to have a comprehensive analysis of the 2006 programme available by October 2007. However, the finalisation of audits depends on the nature and complexity of the cases selected, as some difficult cases will be expected to have a longer timescale for completion and this may have an impact on the result evaluation target date. I am advised that the Revenue Commissioners expect to have a comprehensive analysis of the 2007 programme available by the Summer of 2008.

Q. Why confine the programme to 400 cases?

Internationally a sample in the order of 400 cases is regarded as an adequate sample for the purposes of an exercise such as this. With a sample size of 400 we can be 95% confident that the average results are broadly representative of the taxpayer population sampled. However we will keep this figure under review.

While the random audit programme is important therefore, its significance should not be overplayed. The main focus of Revenue will continue to be on selecting cases for audit based on the presence of various risk indicators and other information available. This is the type of targeted audit that gets best results and that is most likely to change the behaviour of the taxpayer into the future. The targeted approach is now greatly enhanced by the new computerised Risk Evaluation Analysis and Profiling System (REAP) developed by Revenue. This system, which categorises taxpayers in accordance with defined risk criteria, has been successfully piloted and has been introduced nationwide during 2006. The system allows for the screening of all tax returns against sectoral and business norms and provides a selection basis for check or audits. This effectively means that 100% of self-assessed taxpayers will be risk assessed at least once a year. This approach allows valuable audit resources to be assigned to tackling those cases featuring in the higher end of risk ranking and analysis of the 2005 and 2006 random results to date shows that there is strong evidence to suggest that this risk-based approach is the correct one.

Q. Are there any big settlements arising from the 2005 and 2006 random audits closed to date?

2005/2006 Analysis of yield in bands

Range €

Total 2005

Total 2006

2,000 > Nil

27

24

5,000 > 2,000

31

13

10,000 > 5,000

21

7

20,000 > 10,000

17

4

50,000 > 20,000

13

1

100,000 > 50,000

2

1

> 100,000

1

Total

112

50

Q. How does the average yield from Random Audits compare with the yield from targeted audits?

Category

Average

2006 to date

Comprehensive (1)

63,760*

91,376*

Multi-tax (2)

42,893*

31,992*

Single-tax (3)

19,893*

21,178*

Single issue (4)

15,241*

15,546*

All non- Random audits

36,933*

43,154*

Random Yielding (5)

11,032

5,870

Random Overall (6)

3,581

1,570

*incl. Nils.

Q. What is the detailed breakdown of the €1.2m yield in 2005?

Analysis of Yield by Tax head from TCTP 2005

Description

Total €

Income Tax

380,303

Corporation Tax

4,396

VAT

294,895

PAYE/PRSI

126,383

RCT

25,786

Capital Gains Tax

36,535

Total Tax

868,298

Interest

261,567

Penalties

121,663

Total Yield

1,251,528

Economic Competitiveness.

Aengus Ó Snodaigh

Question:

94 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Finance the specific vulnerabilities he has identified in the Irish economy; and the steps he is taking or proposing to take to address these. [17257/07]

As the Deputy is aware, the Governments of which I have been a member have done a good job in ensuring strong economic growth over the past decade. Part of this success has been due to the ability of these governments to identify and address any issues under their control that might have put that growth at risk. It is my intention that this good work continue into the future.

Of course, as a small, open economy, Ireland is heavily reliant on the health of the international economy and external shocks have the potential to significantly reduce Irish growth. In this regard, my Department is constantly monitoring developments in the world economy. While the current view of international agencies (e.g. the EU and the OECD) for the world economic outlook is benign, we must not be complacent. Our ability to respond to any shock depends on the underlying health of the economy, in particular its competitiveness on international markets. This underlines the need, for example, to take whatever action is feasible to restrain domestic costs to help maintain and restore competitiveness.

Tax Code.

Joe Carey

Question:

95 Deputy Joe Carey asked the Tánaiste and Minister for Finance when he will publish the distribution of the benefits of tax relief across the different income cohorts; and if he will make a statement on the matter. [17273/07]

I understand from the Revenue Commissioners that the information requested by the Deputy is not currently available. The compilation of tables showing the cost of each of the income tax deductions, reliefs and tax credits by income cohort would be an extensive task and could not be undertaken by the Revenue Commissioners at this time.

Question No. 96 answered with QuestionNo. 83.

Tax Collection.

Mary Upton

Question:

97 Deputy Mary Upton asked the Tánaiste and Minister for Finance the estimate of the number of persons non-resident for tax purposes for each of the past three tax years; if the Revenue Commissioners have undertaken additional steps to clarify the number of visits made to Ireland by such non-residents; and if he will make a statement on the matter. [17182/07]

I am informed by the Revenue Commissioners that it is not possible at present to estimate the number of Irish domiciled individuals claiming to be non-resident for tax purposes as such information has not been captured from tax returns in the past. Information which will assist in such estimation was however requested on the 2005 Return of Income. The processing of these returns is currently under way and when completed this should facilitate the compilation of statistics for 2005. It is intended to capture similar information from the 2006 returns which are due by the end of October 2007.

I am further informed by the Revenue Commissioners that enquiries relating to residence are a normal part of their risk-based audit programme. The methods and procedures used to verify claims for non-residency are, as with other procedures, reviewed by Revenue on a regular basis.

Economic Competitiveness.

Thomas P. Broughan

Question:

98 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Finance the steps the Government will take to invest in increasing the productive capacity of the economy, particularly in terms of ensuring high levels of high quality employment in regard to the commitment contained in the programme for Government. [17150/07]

A major part of the €184 billion 7 year investment under the National Development Plan 2007-2013 is aimed at increasing the productive capacity of the economy, improving competitiveness and creating the conditions for high levels of quality employment. In particular, I would refer the Deputy to investment in the following key areas:

€bn

Economic Infrastructure

54.66

Enterprise, Science and Innovation

20.00

Human Capital

25.80

Within these areas there will be key investment as follows:

€bn

Transport

32.9

Energy

8.5

Environmental Services

5.8

Science, Technology & Innovation

7.6

Enterprise Development

3.3

Training and Skills Development

7.7

Higher Education

13.0

The above are all vitally important to maintaining the productive capacity of the economy and will be supported by other investments set out in Plan. The overall objective is a world class infrastructure and R&D system, complemented by the highest quality education and skills services, to ensure a productive and highly skilled workforce. The level of commitment to capital investment is evidenced by the fact that Central Government Investment will rise from around 4.5% of GNP in 2006 to an average of 5.4% of GNP over the period of the Plan.

Tax Code.

Alan Shatter

Question:

99 Deputy Alan Shatter asked the Tánaiste and Minister for Finance the reforms he proposes to introduce in relation to inheritance tax and in particular with regard to property inherited from family members. [17234/07]

Alan Shatter

Question:

103 Deputy Alan Shatter asked the Tánaiste and Minister for Finance if he will abolish inheritance tax on property inherited by minor and adult children from their parents; and if he will make a statement on the matter. [17235/07]

I propose to take Questions Nos. 99 and 103 together.

Inheritance tax is part of the capital acquisitions tax (CAT) code, which includes both gift tax and inheritance tax. It was first introduced in 1976 and replaced estate duty taxation. The Finance Act 2000 introduced a package of measures specifically designed to reduce the impact of CAT where assets are transferred. These measures included increased thresholds, the introduction of a single low rate of tax at 20% and the exemption of the family home in the circumstances described below. These measures constituted the most radical reduction in the incidence of gift/inheritance tax since its introduction in 1976.

The CAT code includes group thresholds, below which no CAT is liable. The relationship between the person who provides the gift/inheritance (i.e. the disponer) and the person receiving the gift/inheritance (i.e. the beneficiary) determines the tax-free threshold applicable to the inheritance (the group threshold). There are three categories of relationship with regard to relief from CAT and these are increased on an annual basis in accordance with the CSO Consumer Price Index. The indexed group thresholds applying to a gift or inheritance for 2007 are set out in the table.

Group

Relationship to Disponer

Group Threshold 2007

A

Son/Daughter

496,824

B

Parent/Brother/Sister/Niece/ Nephew/Grandchild

49,682

C

Relations other than Group A or B

24,841

Any other gifts/inheritance that might have been received within the same group by an individual since 5 December 1991 are also taken into account when applying the thresholds for the purposes of calculating CAT. If the total value of all inheritances and gifts, within the group, which were received since this date is above the relevant threshold, then a 20% CAT will apply on the difference.

In addition to the group thresholds, the Finance Act 2000 introduced a very valuable exemption from CAT for certain dwelling houses. The purpose of the exemption is to benefit individuals who have been living in a house for a period prior to the taking of the benefit by way of inheritance. The conditions attaching to this exemption are not very restrictive and the main condition is that the beneficiary has to occupy the dwelling house as his or her only or main residence for a period of three years prior to the gift or inheritance and continue to reside in it for a period of six years after the date of the gift or inheritance. It is a full exemption without the application of any ceiling or requirement that the beneficiary has to be related to the disponer.

I have no plans to introduce any changes at this point.

Caoimhghín Ó Caoláin

Question:

100 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Finance if it is intended that the commission on taxation proposed in the programme for Government will review user fees and service charges for essential public services specifically to examine their impact on low income families with a view to reducing the proportion of funding of public services which comes from charges to members of the public who utilise such services. [17250/07]

The Programme for Government contains certain commitments in the area of taxation policy including a commitment to the establishment of a Commission on Taxation which will have a wide remit to consider the structure of the taxation system. The Commission will be specifically charged with considering and making recommendations on the following:

Examine the balance achieved between taxes collected on income, capital and spending and report on it

Review all tax expenditures with a view to recommending the discontinuation of those that are unjustifiable on cost/benefit grounds

Consider options for the future financing of local government

In the context of maintaining a strong economy, investigate fiscal measures to protect and enhance the environment including the introduction of a carbon tax

I will be bringing proposals to Government in the near future on matters relating to the establishment of the proposed Commission including its membership and terms of reference. Pending consideration by the Government of these proposals, I am not in a position to elaborate further on matters pertaining to the Commission or its work programme.

Public Service Staff.

James Bannon

Question:

101 Deputy James Bannon asked the Tánaiste and Minister for Finance the staff increases within public services, which are in addition to existing policy, planned in the programme for Government; and the cost of pay, the ancillary costs of their deployment and the ancillary capital costs in respect of each category. [17329/07]

The Government has, over the last number of years, followed a policy under which growth in public service employment has slowed overall. The Government will continue to control and regulate numbers employed in the public service within agreed ceilings. The number employed is kept under constant review given the importance of striking an appropriate balance between the need, on the one hand, to provide resources to improve front-line services and cater for demographic pressures and the need, on the other, to control and regulate overall numbers in the context of providing value for money for the public expenditure involved.

This strategy will govern decisions about staffing issues arising from the implementation of the Programme for Government which will be taken in the context of the annual estimates process having regard to the Government's budgetary policy as set out in the Programme.

Economic Competitiveness.

Thomas P. Broughan

Question:

102 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Finance his plans for a review of the entire economic regulatory environment in regard to the commitment contained in the programme for Government; the person who will undertake the review; when it is expected to be completed; and if he will make a statement on the matter. [17151/07]

The commitment in the Programme for Government is "to instigate a review of the entire economic regulatory environment." The purpose of the review is to ensure that "the existing regulatory regime is operating efficiently, is balancing the needs of users with the requirements of producers and is not imposing excessive costs on the economy." The details of how it is intended to conduct this proposed review are currently being considered and further detailed information will be provided to the Dáil on the implementation arrangements in due course.

Question No. 103 answered with QuestionNo. 99.

Personal Debt.

Willie Penrose

Question:

104 Deputy Willie Penrose asked the Tánaiste and Minister for Finance his views on the effect that the relentless pace of interest rate increases over the past 15 months may be having on families with high credit card debt; if there are plans to increase the resources of MABS in view of the difficulties that families are having in meeting existing debts given the eight successive interest rate rises since December 2005; and if he will make a statement on the matter. [17171/07]

The role of the Consumer Director in the Financial Regulator includes monitoring the provision of financial services to consumers. In that context the Financial Regulator has prioritised the provision of information for consumers about the potential risk of excessive credit card debt. Credit card cost surveys have been undertaken by the Financial Regulator and are available to help consumers in assessing the appropriateness of using a credit card and to help choose the credit card that best suits their financial needs. The Financial Regulator recommends that in particular, consumers take on the right type of credit for the right purpose and has highlighted that credit cards are not suitable for long-term debt as the rates are considerably higher than for 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 (www.itsyourmoney.ie).

All credit card providers must comply with the Financial Regulator's Consumer Protection Code. This requires financial service providers to ensure that any financial products provided are suitable for the needs of the consumer. 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. Credit card limits 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. In addition, 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 credit 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.

The Money Advice and Budgeting Service (MABS) which falls under the remit of my colleague, the Minister for Social and Family Affairs, is a national, free, confidential and independent service for people in debt, or in danger of getting into debt. MABS offices throughout the country work with people in order to assist them with their financial planning and budgeting for the future. The 2007 budget for MABS is €17.7 m.

Tax Code.

Brian O'Shea

Question:

105 Deputy Brian O’Shea asked the Tánaiste and Minister for Finance the estimated annual cost of indexing tax bands and personal and employee tax credits to the average rise in wages each year; and if he will make a statement on the matter. [17166/07]

Using the data in the income tax ready reckoner, each 1% increase in the value of the main personal credits (basic personal credit and employee credit) and the tax bands would cost about €120 million in a full year. If the Deputy wishes to estimate costs for future years, he could apply this indicative figure to the pay increases set out in Towards 2016 or to forecasts for wages growth published by the European Commission in its Autumn 2006 Economic Forecast or the Quarterly Economic Commentary published by the ESRI in March 2007.

The costs quoted are provisional, subject to revision and estimated to the nearest €5 million. The ready reckoner is available on my Department's website, at www.finance.gov.ie.

Decentralisation Programme.

Phil Hogan

Question:

106 Deputy Phil Hogan asked the Tánaiste and Minister for Finance if any of the proposed decentralisation moves affecting the Civil Service or the State agencies will be reconsidered over the course of the present term of Government. [17308/07]

Eamon Gilmore

Question:

110 Deputy Eamon Gilmore asked the Tánaiste and Minister for Finance if the Government has plans for a review of the programme of decentralisation; and if he will make a statement on the matter. [17156/07]

I propose to take Questions Nos. 106 and 110 together.

I would like to confirm the Government's commitment to the Decentralisation Programme and to re-iterate that this Government's policy on the programme is unchanged. To date over 10,600 have applied to decentralise through 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.

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. It has been meeting 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. At the end of April 2007, over 2,700 staff had been assigned to decentralising posts. It is expected that over 1,000 will be in place this summer in over 20 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.

Discussions are ongoing with the unions representing professional & 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. Thirty State Agencies are due to relocate under the Government's Decentralisation Programme. Some 2,340 posts are involved, or just over 22% of the programme.

The Decentralisation Implementation Group (DIG) did not set specific timeframes for the State Agencies as they believed that it was the responsibility of the board and senior management of each agency to implement the Government decision and to report to its "parent" department in the first instance on the progress being made. The DIG noted in its latest Report that while progress has been made by some State agencies, there has been a marked lack of action in some other agencies. The Group is currently meeting with CEOs from a number of State agencies to get an overview of progress to date and to identify the challenges remaining in implementing the Government policy.

The main issues facing the State agencies are those relating to the filling of posts in undersubscribed locations, the placing of staff choosing to remain in Dublin and promotion arrangements. The main issues facing the State Agencies are those relating to the filling of posts in undersubscribed locations, the placing of staff choosing to remain in Dublin and promotion arrangements. These issues are the subject of ongoing contacts between my Department and ICTU.

An approach based on negotiations and agreement has enabled significant progress to be made in relation to the Civil Service moves and it is the intention to continue with this policy in relation to the professional and technical grades in both the Civil Service and the State Agency sector.

Tax Collection.

Liz McManus

Question:

107 Deputy Liz McManus asked the Tánaiste and Minister for Finance if he proposes to have the Revenue Commissioners carry out a detailed examination of the number of properties availing of licensing and similar arrangements for the purposes of avoiding stamp duty; if the Revenue Commissioners have carried out an estimate of the amount of stamp duty avoided each year from the year 2002 to date in 2007 using such avoidance mechanisms; and if he will make a statement on the matter. [17165/07]

The arrangement mentioned in the question arises where the developer obtains a licence from the landowner that entitles the developer to enter onto the land and erect buildings. The usual way of achieving this is for the landowner to grant the developer or his bank or both a power of attorney, which allows them to execute a conveyance or transfer of the legal title to the ultimate purchaser without further recourse to the landowner. Because there is no conveyance of the land from the landowner to the developer stamp duty does not arise at this point. Stamp duty does, however, arise when the ultimate purchaser buys the land on which a building will usually have been erected by the developer, subject to the availability of the normal stamp duty reliefs.

I am advised by the Revenue Commissioners that they do not, in the normal course, receive information on the number or value of transactions by developers that involved licence agreements or other such arrangements. Developers are not required to bring such arrangements to the notice of the Revenue Commissioners. However, I am also advised by the Revenue Commissioners that, in the course of a recent review, based on a survey of developers, of these arrangements, 60 instances of this type of transaction were identified in responses relating to the two-year period ending on 31 December 2005.

The Finance Act 2007, in Section 110, made provision for a charge to stamp duty where license agreements and other such arrangements are used. License agreements and the other arrangements will come within the terms of the section where the landowner receives a payment amounting to 25% or more of the market value or consideration concerned.

Section 110 is subject to a commencement order and I have to consider the state of the property market before the provision comes into effect to ensure that it does not have an unforeseen negative effect on the market. For this reason I have decided to commission an independent study of the potential effects that such a provision may have on the market. A "Terms of Reference" for the study is currently being finalised in my Department and a request inviting tenders will issue shortly.

Public Investment Projects.

Kieran O'Donnell

Question:

108 Deputy Kieran O’Donnell asked the Tánaiste and Minister for Finance the projects examined in the first six months of 2007 by the central evaluation unit; and the projects in which shortcomings have been identified. [17332/07]

I would stress that the efficient management and implementation of capital projects is a matter for implementing Departments and Agencies. My Department has set out an elaborate Value for Money framework dealing with such areas as appraisal, implementation, procurement etc to assist Departments and Agencies in delivering projects in a Value for Money way.I recently established a small Central Expenditure Evaluation Unit (CEEU) in my Department to more generally promote the better application of aspects of the Value for Money framework referred to above. Key responsibilities of the Unit include:—

Verification of the application of the 2005 Capital Appraisal Guidelines issued by my Department;

Co-ordination of overall implementation of the comprehensive programme of Value for Money and Policy Reviews agreed by Government last year;

Preparation and rollout of the Programme Evaluations under the National Development Plan 2007-2013; and

General remit to promote Value for Money across the system including through the provision, as resources permit, of technical and other advice to Departments and Agencies.

One element of the Unit's work programme does relate to the requirement for spot checks of capital projects for compliance with the capital investment VFM frameworks. Spot checks are in the first instance the responsibility of each spending Department, who are required to put a system in place to carry out spot checks of projects to ensure compliance with the VFM frameworks and to report their findings annually to my Department. The CEEU will review these spot check reports and may also directly undertake its own spot checks of individual capital projects either as part of this review process or on its own initiative.

The CEEU is currently reviewing the spot check reports submitted in 2007 by line Departments. It has also commenced its own series of spot checks of individual capital projects and is at present finalising its reports on a number of projects in the transport sector. The Unit will be rolling out its programme of spot checks over the remainder of 2007 primarily focussed on the bigger capital spending Departments. In this connection, the Unit is currently finalising arrangements for spot checks of projects in two other significant capital spending Departments and it expects to commence spot checks in these sectors shortly.

Reports on CEEU spot checks will be conveyed to the relevant Departments. These reports may include advice on the planning, appraisal and execution of specific projects by reference to the VFM framework in place. It will be a matter in the first instance for the relevant Department/ Agency to respond to and action this advice. The CEEU will, however, pay particular attention to follow up on advice it has given in subsequent engagement with relevant Departments and Agencies.

Tax Yield.

Pat Breen

Question:

109 Deputy Pat Breen asked the Tánaiste and Minister for Finance if he has had reason to revise his forecast for tax receipts in 2007; and if he will make a statement on the matter. [17265/07]

Exchequer tax receipts to end-May were, at €18,603 million, just €19 million or 0.1 per cent below profile. They were up 9.6 per cent on the same period last year. This compares with a Budget day target of an increase of 7.8 per cent for 2007 as a whole. While overall tax receipts are almost exactly on target at end-May there are some variations under particular tax heads.

Corporation tax receipts are €221 million or 17.5 per cent above profile.

Customs receipts are €4 million or 3.6 per cent above profile.

VAT receipts were €28 million or 0.4 per cent below profile.

Income Tax receipts are €56 million or 1.1 per cent below profile.

Excise duties were €120 million or 4.7 per cent below profile.

Stamp duties were €16 million or 1.1 per cent below profile.

Capital Taxes were €71 million or 5.8 per cent below profile. Of these, Capital Gains Tax was €79 million or 7.2 per cent below; and Capital Acquisition Tax was €8 million or 5.1 per cent above.

Given the significance of tax payments in the latter part of the year, it is unwise to attempt to draw conclusions about the performance of the economy based on tax receipts at this early stage. The latest available economic estimates show that the economy continues to perform well. Preliminary CSO data for 2006 as a whole indicates that GDP growth was 6.0 per cent while in GNP terms, the growth rate in 2006 was estimated at 7.4 per cent.

In the circumstances I do not see a need to revise our forecast at this stage. However, my Department monitors tax receipts on an ongoing basis and as more data becomes available any significant changes to the expected end year receipts will be signalled once it becomes clear.

Question No. 110 answered with QuestionNo. 106.

Jan O'Sullivan

Question:

111 Deputy Jan O’Sullivan asked the Tánaiste and Minister for Finance if he has revised estimates of receipts on stamp duty for the rest of 2007 in view of the changing conditions in the construction industry and the reported decline in property and house sales; and if he will make a statement on the matter. [17168/07]

In the period up to the end of May this year, the Exchequer received €1,438 million in stamp duties, which is just €16 million or 1.1 per cent below profile. The end-May figure represents an increase of 11 per cent on the same period last year. The target for the year as a whole is for an increase of 5.6 per cent.

While there may be some variation in the individual tax heads, on the basis of the performance to end-May, there is no need, at this stage, to revise our overall tax forecast. However my Department monitors tax receipts on an ongoing basis. We will take account of the costs arising from policy changes in Stamp Duty for first time buyers and any other significant changes in the expected end of year outlook. All changes in the forecast, as in the past, will be signalled when these changes become clear.

My Department will also be keeping the performance of the overall economy, including the housing market, under continuing review and any changes that appear will be taken into account in our ongoing assessment of the likely outturn for stamp duty receipts at year-end.

Fiscal Policy.

Róisín Shortall

Question:

112 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the ethical investment guidelines being adopted in respect of investments and investment vehicles such as the National Pension Reserve Fund under the remit of his Department; if such investments are made in accordance with United Nations guidelines on ethical investments; and if he will make a statement on the matter. [17178/07]

Under the National Pensions Reserve Fund Act 2000, the National Pensions Reserve Fund Commission controls and is responsible for the investment of the National Pensions Reserve Fund (NPRF). The NPRF joined a group of the world's largest institutional investment funds in signing the UN-sponsored Principles for Responsible Investment when they were launched in April 2006. The aim of the Principles is to integrate consideration of environmental, social and governance (ESG) issues into investment decision-making and ownership practices and, thereby, to improve long-term returns for investors.

As set out in the Annual Report of the NPRF Commission for 2006, the Commission is taking specific measures to implement the Principles. Its initial focus is on the development and implementation of a comprehensive proxy voting policy and development of the capacity to engage on ESG issues with the companies in which Fund moneys are invested. It has decided to contract third-party service providers to deliver these services within NPRF policy guidelines and expects that these proxy voting and engagement services will be in place shortly.

Tax Code.

Jan O'Sullivan

Question:

113 Deputy Jan O’Sullivan asked the Tánaiste and Minister for Finance the number and percentage of income earners who are paying tax at the higher rate and at the standard rate for 2006; the anticipated figures for each category for 2007; and if he will make a statement on the matter. [17169/07]

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. 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

2006*

776,100 35.92%

937,70043.40%

446,70020.68%

2,160,500

2007

845,90038.19%

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.

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

Public Service Staff.

Michael D. Higgins

Question:

114 Deputy Michael D. Higgins asked the Tánaiste and Minister for Finance the implications for the public service generally of the recent Labour Court decision that the practice by the Health Service Executive of employing clerical staff provided by an outside agency, on an ongoing basis, breached the terms of national agreements; if he will review the embargo on recruitment in the public service in view of the Labour Court finding; and if he will make a statement on the matter. [17157/07]

Labour Court Recommendation 18912 related to the engagement of agency workers by the Health Service Executive West region. The Court found that the lack of prior consultation by management with the union (IMPACT) in relation to the engagement of agency workers was in breach of the provisions of Sustaining Progress and Towards 2016. The Court further recommended that the HSE-West should restore staffing levels to their previous levels without the use of agency workers.

This Labour Court recommendation related to particular circumstances in the Health Service Executive West region. It is a matter for individual public service employing bodies to consider whether it has any implications for them but I do not see it as having any implications for the public service generally.

To refer to the "public sector embargo on recruitment" does not properly reflect Government policy on public service numbers. There has not been any embargo on recruitment. The Government has, over the last number of years, followed a policy under which growth in public service employment has slowed overall. The Government will continue to control and regulate numbers employed in the public service within agreed ceilings. The number employed is kept under constant review given the importance of striking an appropriate balance between the need, on the one hand, to provide resources to improve front-line services and cater for demographic pressures and the need, on the other, to control and regulate overall numbers in the context of providing value for money for the public expenditure involved.

This strategy will govern decisions about employment in public services. It is a matter for each Minister and Department to manage their employment levels within this strategy.

Social Finance Foundation.

Sean Sherlock

Question:

115 Deputy Seán Sherlock asked the Tánaiste and Minister for Finance when the social finance fund announced in budget 2006 will start to issue loans to voluntary projects; the person who will be in charge of the fund; the number of staff members it will have; their responsibilities and their salaries; the criteria they will use for assessing loan applications; the penalties that will be imposed on projects that are unable to meet their repayments; and if he will make a statement on the matter. [17175/07]

On 8 February 2007 I launched the Social Finance Foundation to implement the Social Finance Initiative announced in Budget 2006. The Foundation has been established on a not-for-profit basis to act as a wholesale supplier of social finance for on-lending by specialist social finance lenders to support social and developmental projects and social enterprise in local communities.

The Foundation is a private company established under Company Law and is governed by its Board of Directors under its Memorandum and Articles of Association. The company has received seed funding of €25 million from the Irish banking sector for distribution to qualifying Social Lending Organisations.

The Foundation's lending policies and procedures as well as the appointment, role and responsibilities of staff and their terms and conditions of employment are matters for the Board of the Foundation. The Board is chaired by Mr Peter Quinn and information on the other directors of the Foundation is included in the press release issued by my Department which is available on the Department's website at www.finance.gov.ie. My Department has been advised by the Foundation that the Board is currently in the process of reviewing applications received from Social Lending Organisations and the first loans are expected to issue shortly.

I see the launch of the Foundation as a catalyst for deeper participation by private finance in the area of local and community development and social enterprise.

Tax Yield.

Kathleen Lynch

Question:

116 Deputy Kathleen Lynch asked the Tánaiste and Minister for Finance if he will make a statement on the Exchequer returns for the first five months of 2007. [17160/07]

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 Exchequer Balance to end-May 2007 showed a surplus of €266 million compared to a surplus of €1,841 million for the same period last year. The Budget day forecast is for a deficit of €546 million for 2007 as a whole. Exchequer tax receipts to end-May were, at €18,603 million, just €19 million or 0.1 per cent below profile. They were up 9.6 per cent on the same period last year. This compares with a Budget day target of an increase of 7.8 per cent for 2007 as a whole.

Corporation tax receipts were €221 million above profile. The other main tax-heads were all below profile. Stamp duties were €16 million below target, VAT was €28 million below, income tax was €56 million below, capital taxes were €71 million below and excise duties were €120 million below target. This resulted in overall tax receipts at end-May being almost exactly in line with profile.

Overall issues for net voted expenditure in the period to end-May 2007 were €88 million or 0.5 per cent above profile. Net voted capital expenditure at end-May was €160 million higher than expected due to stronger than expected progress on a number of projects while net voted current expenditure was €72 million below profile.

Tax Code.

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the expected returns to the Exchequer from the proposed carbon tax in a single year; if the level of this tax has been agreed; and if he will make a statement on the matter. [17248/07]

The Programme for Government signals that a carbon tax/levy will be introduced over the lifetime of this Government. The matter of the introduction of a carbon tax is one of the issues to be considered by the new Commission on Taxation to be established under the Programme. Consequently, at this stage, the precise design of such a tax has yet to be determined. This will, of course, form an important part of the normal deliberative process of the Government in setting fiscal and environmental policy. Deputies will recall, however, that the Programme for Government indicates that the phasing-in of a carbon levy will be on a revenue neutral basis, so it is not intended that its introduction will lead to any net Exchequer revenue increase or net addition to the overall tax burden.

Emmet Stagg

Question:

118 Deputy Emmet Stagg asked the Tánaiste and Minister for Finance the volume of complaints received in relation to errors and problems in the statement of certificates of tax free allowances and tax credits; the length of time it takes for errors in tax certificates to be corrected; the volume of queries being dealt with through the on-line system; and if he will make a statement on the matter. [17181/07]

I am advised by the Revenue Commissioners that they are not in a position to provide information on the volume of complaints in relation to tax-free allowances and tax credits. If a taxpayer requests an amendment to a Tax Credit Certificate this is not recorded as a complaint. Revenue have further advised that by the 9th February last, they had completed the bulk issue of 2,194,174 Tax Credit Certificates (TCCs) to PAYE taxpayers, reflecting the changes announced in the 2007 Budget. Revenue identified a small number of certificates that contained errors and these were rectified automatically.

A further 859,156 TCCs issued in the period to 21 June, 2007. These relate to cases where individual taxpayers have advised Revenue of changed circumstances, have requested reviews, have claimed additional credits and allowances or sought duplicate certificates. In general where a PAYE taxpayer requests changes to their tax credits or allowances an amended TCC will issue within 20 working days of the request being received.

In relation to the on-line self-service facility now available to PAYE taxpayers, Revenue have informed me that 67,823 transactions were carried out using this facility from 1 January to 3 June this year.

Martin Ferris

Question:

119 Deputy Martin Ferris asked the Tánaiste and Minister for Finance his plans to increase restrictions on the use of specified tax reliefs by high income individuals. [17255/07]

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, have been able to reduce their income tax liability to a very low level or to zero, mainly by means of the cumulative use of various tax incentive reliefs. Such individuals are no longer able to do so. This provision will ensure that such individuals who use listed 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 Business Expansion Scheme, film relief and interest relief for investment in companies and partnerships.

The normal tax reliefs 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 Finance Act 2007 introduced technical amendments to the restriction which will help to ensure that the measure will work as intended. Included in these amendments 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.

Proposed Legislation.

Brendan Howlin

Question:

120 Deputy Brendan Howlin asked the Tánaiste and Minister for Finance his legislative priorities for the 30th Dáil; and if he will make a statement on the matter. [17159/07]

My specific legislative priorities will be formulated in the context of the implementation of the Programme for Government over the coming years. It may be helpful, however, to set out a list of current legislative priorities for my Department:—

Bills Published

Finance (No. 2) Bill 2007

This Bill provides for the amendment of Stamp Duties Consolidation Act 1999. This Bill has been published and is to be considered by the Dáil before the summer recess.

Ministers and Secretaries (Ministers of State) Bill 2007

This Bill provides for the increase in the number of Ministers of State who may be appointed by the Government under Section 1(1) of the Ministers and Secretaries (Amendment) (No. 2) Act 1977. This Bill has been published and is to be considered by the Dáil before the summer recess.

Markets in Financial Instruments and Miscellaneous Provisions Bill 2007

While the Markets in Financial Instruments Directive has been transposed by Statutory Instrument (S.I. 60 of 2007), some complementary adjustments require primary legislation through this Bill. The Bill is also being availed of to make necessary technical amendments to various Acts. This Bill is to be restored to the Dáil Order Paper by way of a Government Chief Whip's Motion.

Ethics in Public Office (Amendment) Bill 2007

The main purpose of this Bill is to amend the Ethics in Public Office Acts so as to require office holders and Oireachtas members to seek the opinion of the Standards in Public Office Commission before accepting significant benefits from a friend for personal reasons. The Bill is currently on the Seanad Order Paper.

Bills yet to be Published

Ombudsman (Amendment) Bill

The purpose of the Bill is to widen the remit of the Ombudsman to include a range of additional bodies and to make provision regarding administrative procedures. Publication is expected in the latter half of 2007.

Financial Services Regulation Bill

The purpose of this Bill is to consolidate and simplify financial services legislation in accordance with the Government's Better Regulation agenda. An advisory Forum is being established to assist and advise the Department in the completion of this project. It is currently envisaged that Heads of Bill will be delivered one year after the establishment of the Forum, currently scheduled for the third quarter of 2007.

Tax Code.

James Reilly

Question:

121 Deputy James Reilly asked the Tánaiste and Minister for Finance his views on reform of the stamp duty system, exempting from stamp duty any house purchased by a person with a disability due to the appropriateness of that house for their disability; and if he will make a statement on the matter. [17246/07]

Stamp duty is a tax on certain documents, generally legal documents, used in transferring property or in creating rights for the parties concerned. The stamp duty code generally does not provide exemptions based on an individual's particular circumstances and introducing such a provision would represent a significant departure from normal stamp duty rules. However, I have been advised by the Department of Environment, Heritage and Local Government that a scheme of disabled persons grants is operated by local authorities with capital provision from that Department.

These grants are designed to meet the needs of persons who are either physically handicapped or are suffering from severe mental handicap or severe mental illness. Where a new dwelling is being bought or built a maximum grant of €12,700 is payable. In the case of adaptation of an existing dwelling, 90% of the approved cost of the works is available up to an effective maximum grant of €20,320. Full details of the scheme and the conditions applicable are available from the local authority in whose area the dwelling is situated.

The Finance (No. 2) Bill 2007 provides that stamp duty will be abolished on any house purchased by a first-time buyer. A disabled person, who is a first-time buyer, may avail of this exemption. The Deputy will appreciate that stamp duty is a significant contributor to the Exchequer and stamp duty receipts allow for a broader tax base than would otherwise be possible. These receipts form an important element of State revenues which permits Government spending on services such as health and education.

Tax Collection.

Pat Rabbitte

Question:

122 Deputy Pat Rabbitte asked the Tánaiste and Minister for Finance the amount of outstanding uncollected taxes; the proportion of same the Revenue Commissioners expect to recover; if new measures are planned to assist in the collection of outstanding taxes; and if he will make a statement on the matter. [17172/07]

I am informed by the Revenue Commissioners that the tax debt outstanding at 31 March 2007 and as reported in its annual report was €1,107million. This represents 1.8% of gross receipts, a level which is exceptionally low by international standards. The amount under appeal was €315million leaving the remainder, €792million, available for collection.

The debt of €792m represents a snapshot of the debt at a particular point in time [31 March 2007] and is a constantly changing figure as additional debt arises and activity by Revenue results in debt being collected. This changing element of the debt composition makes it difficult to accurately predict the likely reduction in the debt figure. However, Revenue estimate that the collectible debt of €792m, plus any additional debts that subsequently arise for the same period, will be reduced by up to 97% over a five year period. The remaining debt will be under control, under appeal or at enforcement. Revenue is not in a position to estimate the likely collection from debt currently under appeal.

The strategies and methodologies adopted by Revenue to achieve a reduction over a five-year period are subject to annual review and evaluation that is carried out within the context of the business planning process. In the context of the preparation of a new Statement of Strategy for 2008-2010, Revenue will be considering the appropriate strategies and targets in relation to debt management for the period ahead.

Decentralisation Programme.

Ruairí Quinn

Question:

123 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance the discussions he has had with other Government Departments or State agencies who are concerned at the reported potential loss of up to 20% of the 1,700 specialists whose positions have been earmarked for decentralisation as a result of the Government’s decentralisation programme; the steps being taken to address these concerns; and if he will make a statement on the matter. [17177/07]

As the Deputy will be aware, less than 1,000 of the 7,200 Civil Service posts covered by the Decentralisation Programme or 10% of the overall programme is composed of professional and technical posts. While the take up from the professional and technical staff has been low to date, in the region of 140 professional and technical personnel have already been assigned to posts that are decentralising.

The Decentralisation Implementation Group (DIG), which was established in 2003 to drive the decentralisation process forward, has acknowledged that challenging issues remain in relation to the decentralisation of professional and technical grades including the filling of posts in undersubscribed locations, the placing of staff remaining in Dublin and promotions. While these issues also arise in relation to general service grades, addressing them in the context of professional and technical grades is complicated by the challenges associated with transferring between different organisations or streams.

Having met with the Secretaries General of each Civil Service department decentralising in full, the DIG is generally satisfied that a prudent approach is being taken by each organisation in relation to assessing the risks involved and the adoption of appropriate measures to manage business risk.

The DIG has asked my Department to explore all appropriate avenues, in consultation with the relevant union representatives, to overcome the difficulties and to come to a conclusion on the issues as soon as possible. In that regard, discussions have been ongoing with the unions representing professional and technical staff and proposals have been tabled in relation to options for staff remaining in Dublin. In addition, staff have been assured of the voluntary nature of the programme. Those wishing to remain in Dublin will be absorbed into posts in the civil service or, alternatively, in other public service bodies.

I am pleased to report that there has been some positive engagement with the relevant unions in a number of individual organisations.

As the Deputy will also be aware, there are, in addition to the professional and technical grades in the Civil Service, specialists posts within the State Agencies which are due to decentralise under the Decentralisation Programme. The DIG noted in its latest Report that while progress has been made by some State Agencies, there has been a marked lack of action in some others. The DIG has met with CEOs from a number of State Agencies to get an overview of progress to date and to identify the challenges remaining in implementing the Government policy.

The main issues facing the State Agencies are those relating to the filling of posts in undersubscribed locations, the placing of staff choosing to remain in Dublin and promotion arrangements. These issues are the subject of ongoing contacts between my Department and ICTU.

An approach based on negotiations and agreement has enabled significant progress to be made in relation to the Civil Service moves and it is the intention to continue with this policy in relation to the professional and technical grades in both the Civil Service and the State Agency sector.

Energy Resources.

Emmet Stagg

Question:

124 Deputy Emmet Stagg asked the Tánaiste and Minister for Finance the tax incentive measures he will introduce to ensure that Ireland meets the new target agreed by EU leaders of increasing renewable energy to 20% of all energy use by 2020; and if he will make a statement on the matter. [17180/07]

The Government have already made clear that renewable energy will be a critical and growing component of Irish energy supply to 2020 and beyond. Renewable energy is an integral part of our climate change strategy and sustainability objectives. The additional diversity which renewables bring to Ireland's energy demand will also make a direct contribution to our goal of ensuring secure and reliable energy supplies.

While the promotion of renewable energy is primarily a matter for my colleague, the Minister for Communications, Energy and Natural Resources, as I have stated previously the taxation system, in conjunction with other policy measures, can play a part in attaining environmental objectives including the development and deployment of renewable sources of energy. In this regard the taxation measures which are already in place or are being introduced include:

a five year excise relief scheme for biofuels, costing over €200 million, which commenced in November 2006. The scheme provides for excise relief on up to 163 million litres of biofuels per annum;

50 per cent VRT relief for hybrid vehicles, flexible fuel vehicles and electric vehicles;

extending the qualifying period from 31 December 2006 to 31 December 2011 for the scheme of corporate tax relief for corporate equity investments in certain renewable energy generation projects i.e. in solar, wind, hydro or biomass technology categories, and which have been approved by the Minister for Communications, Energy and Natural Resources;

extending to 31 December 2013 and enhancing the Business Expansion Scheme and the Seed Capital Scheme which can, among manufacturing other areas, be used for investment in companies engaged in renewable energy generation and recycling;

amending the VRT and motor tax systems to take greater account of environmental issues, in particular CO2 emissions.

Furthermore, the Programme for Government signals that a carbon tax/levy will be introduced over the lifetime of this Government. The matter of the introduction of a carbon tax is one of the issues to be considered by the new Commission on Taxation to be established under the Programme. Consequently, at this stage, the precise design of such a tax has yet to be determined. This will, of course, form an important part of the normal deliberative process of the Government in setting fiscal and environmental policy. Deputies will recall, however, that the Programme for Government indicates that the phasing-in of a carbon levy will be on a revenue neutral basis, so it is not intended that its introduction will lead to any net Exchequer revenue increase or net addition to the overall tax burden.

Decentralisation Programme.

Jimmy Deenihan

Question:

125 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Finance the position regarding the decentralisation of Revenue jobs to Listowel, County Kerry; and if he will make a statement on the matter. [17259/07]

Jimmy Deenihan

Question:

157 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Finance the position on the decentralisation of Revenue jobs to Listowel, County Kerry; and if he will make a statement on the matter. [16753/07]

I propose to take Questions Nos. 125 and 157 together.

I am advised by the Revenue Commissioners that the Office of Public Works (OPW) has signed a lease for the premises in Listowel and has entered into a contract for the fit-out of these premises. The programme of works is now nearing completion. The handover of the building to the OPW will take place following certification of these works to the satisfaction of the OPW. A joint (OPW and developer) inspection of the works is scheduled for the week beginning Monday 25th June 2007 and a handover date will be decided following this inspection.

After the formal handover of the building to OPW, Revenue will be in a position to complete their networking and telephony installations and the building will be furnished ready for occupation.

Financial Services Regulation.

Brendan Howlin

Question:

126 Deputy Brendan Howlin asked the Tánaiste and Minister for Finance if his attention has been drawn to the recent criticism from the consumer panel of the Irish Financial Regulatory Authority to provide details of overcharging by financial institutions; if he will raise these criticisms with the authority; if he will initiate and review the regulator’s operation; and if he will make a statement on the matter. [17158/07]

I am aware of the report of the Consultative Consumer Panel referred to by the Deputy and the recommendation that more analysis of overcharging by financial institutions should be provided by the Financial Regulator.

My Department has been advised by the Financial Regulator that it has implemented a set of General Principles to deal with issues of charging, which were published in the Financial Regulator's 2004 Annual Report. Where the Financial Regulator considers that it is in the public interest, for example, where there are significant difficulties in the repayment process or where the amounts concerned are large, the Financial Regulator may decide that it is appropriate to put a notice in the national media. The Financial Regulator does not see it as necessary or appropriate to publicise every overcharging issue, bearing in mind that the firm will have informed the affected customers, reimbursed and compensated customers and made the appropriate changes to the control environment. The Financial Regulator advised the Consumer Panel of this approach in responding to the Panel's recommendations.

My Department has also been informed by the Financial Regulator that an update on charging issues will be provided in its 2006 Annual Report, which will be published next month. The Financial Regulator will continue to monitor reimbursement programmes as part of the ongoing supervisory function with affected firms and ensure that reimbursement programmes are completed in as timely a manner as possible through monitoring and enforcement of the Consumer Protection Code.

Ensuring strong and effective public accountability is a key element of the legislation establishing the Financial Regulator. In addition to the annual reports of the Consultative Panels, the major accountability mechanisms include:

the Annual Report of the Financial Regulator is laid before each House of the Oireachtas

the Minister for Finance can determine the form of the Financial Regulator's Strategic Plan which is also laid before each House of the Oireachtas

there is a requirement for the Chair, Chief Executive Officer and Consumer Director of the Financial Regulator to appear before the Joint Committee of the Oireachtas that is responsible for examining matters relating to the Financial Regulator and to provide the Committee with whatever information it requires

the Annual Accounts of the Financial Regulator are audited by the C&AG; a Value For Money Examination of the Financial Regulator has recently been finalised by the C&AG and will be published shortly.

Public accountability of the Financial Regulator is also achieved through the extensive consultation undertaken on significant regulatory issues with all the main stakeholders. A February 2007 IMF study of 32 countries that overhauled their regulatory institutions over recent years concluded that the Irish system and structure of financial regulation was first in terms of accountability arrangements as compared with other international single financial regulators.

As recommended in the Final Report of the High Level Interdepartmental Committee on the recommendations contained in the Consumer Strategy Group Report my Department will commence a review of the consumer protection role of the Financial Regulator next year. In view of the extensive accountability arrangements which I have outlined, I have no plans for any further review of the Financial Regulator's operations.

Tax Code.

Sean Sherlock

Question:

127 Deputy Seán Sherlock asked the Tánaiste and Minister for Finance his views on the increasing number of high net worth individuals avoiding capital acquisitions tax on multi-million house transfers as a consequence of Section 86 of the Consolidated Capital Acquisitions Act 2003; if an audit of such transactions has been conducted by the Revenue Commissioners; and if he will make a statement on the matter. [17174/07]

I am advised by the Revenue Commissioners that section 86 of the Capital Acquisitions Tax Consolidation Act 2003, subject to conditions, grants exemption from Capital Acquisitions Tax in respect of a house comprised in a gift or inheritance. The conditions require that the donee or successor must occupy the house for the period of 3 years ending with the date of the gift or inheritance. Where that house has replaced other property, the beneficiary must have resided either in that house or in the other property for periods which, taken together, amounted to 3 years in the 4-year period prior to the date of the gift or inheritance. In addition, the donee or successor, if under the age of 55, must continue to occupy the house as his or her only or main residence for a further period of 6 years. However, there is provision to allow for a replacement house in that period and for situations where the individual concerned is not in occupation of the house because of work obligations abroad.

Claims for relief under section 86 of the Capital Acquisitions Tax Consolidation Act 2003 in respect of high-value houses are verified.

Amendments to section 86 were made in the Finance Act 2007. These amendments were a result of Revenue's experience in administering claims under this section, including taking issues before the Appeal Commissioners.

Firstly, relief is not available where a donee lives in the principal private residence of the donor, where that residence is gifted, unless the donor is compelled by reason of old age or infirmity to depend on the services of the donee. This is to counter, in particular, the argument that, where the donee, having until then lived in the parental home, is gifted a house by a parent, the 3 year period of occupancy of the gifted house is satisfied.

The second change requires that the gifted house be owned by the donor during the 3-year period even if they were not his or her principal private residence. This is to counter a claim for relief where an individual sells his principal private residence to his parent for full value and the house is then gifted back to that individual by his parent. It also counters the use of family trusts in gifting houses to children.

Joe Costello

Question:

128 Deputy Joe Costello asked the Tánaiste and Minister for Finance his proposals for changes for mortgage interest relief for first time buyers and those who bought a house in the past seven years in regard to the commitment contained in the Programme for Government; the estimate of the cost of the proposed changes; and if he will make a statement on the matter. [17153/07]

The Programme for Government contains a commitment to increase in Budget 2008 the ceiling on mortgage interest relief for first-time buyers and those who bought a house in the past seven years, from €8,000 to €10,000 for single people and from €16,000 to €20,000 for couples or widowed persons. The estimated cost of this measure is about €10 million in a full year in 2007 terms.

The Programme also contains the commitment that, as income taxes are reduced, the rate of mortgage interest relief will be kept at 20% for all home owners. The cost of this will form part of the overall cost of the commitment to reduce the standard rate of tax which is to be achieved over the lifetime of the Government if economic resources allow.

I would draw the Deputy's attention to the fact that the tax measures in the Government Programme will be implemented subject to the controlling economic and fiscal framework and that the Government are committed to operating a responsible fiscal policy characterised by broad budget balance and a declining debt burden.

In addition, the Deputy will be aware that last week I published the Finance (No. 2) Bill 2007 which provides for a stamp duty exemption for a first-time purchaser of a house or apartment which he or she occupies as his or her only or principal place of residence. The Government intend to have the Bill enacted before the Dáil rises for the Summer recess.

Róisín Shortall

Question:

129 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the tax incentive measures he will introduce to ensure that Ireland meets the target agreed by EU leaders of increasing biofuels to 10% of all vehicle fuel by 2020; and if he will make a statement on the matter. [17179/07]

While the promotion of biofuel is primarily a matter for my colleague, the Minister for Communications, Energy and Natural Resources, I am pleased to inform the Deputy that in the 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;

contribute towards meeting a target of 5.75% transport fuel market penetration by biofuels by 2009;

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 50% VRT relief to promote new flexible fuel vehicles (cars designed to operate on biofuels) for an initial period of two years.

The overall level of excise relief available for biofuels under the above mentioned Scheme 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 coming years. 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. To provide further market certainty and encourage projects of scale, the Government recently announced its intention to move to a Biofuels Obligation by 2009, with targets for market penetration for biofuels of 5.75% in 2009 and 10% by 2020. The scheme is included in the Programme for Government in conjunction with a commitment to work with our EU partners to require biofuels used in transport to comply with an environmental certification system which incorporates sustainability criteria in terms of biofuel production.

Construction Sector.

Arthur Morgan

Question:

130 Deputy Arthur Morgan asked the Tánaiste and Minister for Finance his views on the over-dependence of the economy on the construction sector; and the steps he will take to cushion against the economic effects of any downturn in this sector. [17252/07]

Investment in construction has been driven by strong activity in the residential, commercial and infrastructural sectors. The residential sector has been particularly strong, with the high demand for housing being underpinned by strong economic fundamentals and a rapidly growing population. A gradual easing back of housing output is envisaged in the coming years, with output levelling off at more sustainable long-term levels. However, commitment to the NDP at 5.4% of GNP, will inter alia, ensure that spare capacity from one sector is available in the other commercial and infrastructural sectors.

Tax Code.

Aengus Ó Snodaigh

Question:

131 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Finance his views on whether further reductions in income tax would make the Exchequer increasingly dependent on other more insecure sources of tax revenue such as those related to property and consumption; and if the proposals contained in the Programme for Government to reduce both the standard and higher rate of income tax are therefore imprudent. [17256/07]

The Programme for Government sets out clearly the Government's guiding economic and fiscal principles for the next five years. We are fully committed to a responsible fiscal policy, including keeping the budget in broad balance.

Within these broad principles, our first priority in the tax area will be to continue to support low and middle income earners, via the tax credits, bands and the PRSI system. The Programme for Government clearly states that once these commitments have been met, any additional resources will be targeted at further enhancing the rewards for work. We are committed to reducing the standard and higher rates of income tax over the lifetime of the Government if economic resources allow.

I would point out that the main consumption taxes are VAT and excise duty. Taken together these taxes account for some 43 per cent of total forecast tax revenues in 2007, whereas they accounted for 44 per cent and 46 per cent of total taxes in 1997 and 1987 respectively.

While revenues from property related taxes 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 these receipts. 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 done in recent years.

I reject the Deputy's suggestion that the policies and commitments in the Programme for Government are imprudent. They are based on a sustainable and responsible fiscal policy.

Proposed Legislation.

Ciaran Lynch

Question:

132 Deputy Ciarán Lynch asked the Tánaiste and Minister for Finance if the Government plans amendments to the Ethics in Public Office Acts; and if he will make a statement on the matter. [17163/07]

In April, I published the Ethics in Public Office (Amendment) Bill 2007. The main purpose of this Bill is to amend the Ethics in Public Office Acts so as to require office holders and Oireachtas members to seek the opinion of the Standards in Public Office Commission before accepting significant benefits from a friend for personal reasons. The Bill is currently on the Order Paper of the Seanad.

Tax Code.

Brian O'Shea

Question:

133 Deputy Brian O’Shea asked the Tánaiste and Minister for Finance his proposals to weight vehicle registration tax in favour of cars with lower emissions; the estimated annual cost of this proposal; and if he will make a statement on the matter. [17167/07]

In my 2007 Budget Statement, I announced that I planned to introduce changes to the current VRT system to take greater account of environmental issues, and in particular Carbon Dioxide (CO2) emissions. The Programme for Government re-affirms this commitment.

A public consultation in this regard has taken place. Work on the matter is ongoing and a range of possible options are being considered at this stage. It is intended that the changes made to the VRT system will be broadly revenue neutral.

Financial Services Regulation.

Caoimhghín Ó Caoláin

Question:

134 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Finance when, in view of the evidence of increased activity by sub prime lenders, legislative changes in respect of this type of predatory lending will be introduced in order to give consumers greater protection. [17251/07]

Sub-prime lenders are regulated in Ireland in respect of their lending activities under the Consumer Credit Act 1995. The Act makes detailed provision for the form and content of loan agreements and for advertising of consumer credit. The Financial Regulator has powers of investigation, review and enforcement in relation to matters covered by the Act. Consumer complaints about the performance of creditors with respect to their obligations under the Act also fall within the remit of the Financial Services Ombudsman. The Consumer Protection Act 2007 established the National Consumer Agency with an extensive remit including enforcement powers in relation to unfair commercial practices and unfair terms in consumer contracts. In the case of regulated financial service providers these powers may be exercised by the Financial Regulator.

I am aware that some lending activities (including those of some non-deposit taking lenders) fall outside the scope of the Financial Regulator's statutory Consumer Protection Code (CPC) and therefore borrowers do not benefit from the additional safeguards which the Code provides. The Third Money Laundering Directive, which is due to be transposed into Irish law by 15 December 2007, requires that financial institutions, as defined in the Directive, be subject to enhanced supervision. All non-deposit taking lenders and mortgage providers fall under the terms of this Directive and the application of the CPC where it does not currently apply is being considered in this context.

Decentralisation Programme.

Ruairí Quinn

Question:

135 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance the latest information available from the central applications facility in respect of applications from civil servants and from 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 persons who chose to move and those who opt to remain where they are; and if he will make a statement on the matter. [17176/07]

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 (CAF) remains open and continues to receive applications. My Department has requested an update of the CAF data from the Public Appointments Service and will make this available when received.

Discussions have concluded on a number of human resource and industrial relations matters and are being progressed on other issues. At the end of April 2007, over 2,700 staff had been assigned to decentralising posts. It is expected that over 1,000 will be in place this summer in over 20 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 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 whose organisations are remaining in Dublin, but who themselves have applied to relocate, continue to be transferred into decentralising organisations, the posts they vacate become available to those wishing to remain in Dublin.

In addition, the Public Appointments Service operates a system which will match Dublin based posts with people wishing to remain in Dublin. Any decentralising organisation which anticipates that it will have staff wishing to remain in Dublin who cannot be placed within the organisation will engage with the Public Appointments Service in the placement of these individuals.

Following detailed discussions with the civil service unions, the precise operation of these arrangements was amended earlier this year to improve their overall effectiveness. The aim is to achieve a close alignment between the assignment of staff to Dublin posts and the readiness of Departments to release staff at particular grade levels. In that context, Departments and Offices provide updates to the Public Appointments Service in relation to posts that require to be filled and staff that require to be placed through these arrangements. This will be an ongoing process throughout the transition phase of the Programme.

Discussions are ongoing with the unions representing professional & 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.

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 be resolved through dialogue and negotiations.

David Stanton

Question:

136 Deputy David Stanton asked the Tánaiste and Minister for Finance further to Parliamentary Question No. 137 of 18 October, 2006, the number of people who have indicated their desire to decentralise to Youghal in the Public Appointments Service and Valuation Office respectively; if decentralisation is on target for mid 2009; if the Office of Public Works completed the purchase of a site for the Youghal decentralised offices by the end of 2006; and if he will make a statement on the matter. [17245/07]

As part of the overall decentralisation programme, it is intended that 100 staff of the Public Appointments Service (PAS) and 100 staff of the Valuation Office will be decentralised to Youghal, Co. Cork. I am advised by PAS and the Valuation Office that the number of people who have indicated their desire to decentralise to Youghal with these offices is 100 and 28 respectively. In accordance with the indicative timescale set out in the report from the Decentralisation Implementation Group both offices are working towards decentralising to Youghal in mid 2009.

I am informed by the Office of Public Works (OPW) that they have agreed terms to acquire a local authority site in Youghal from Cork County Council. The legal formalities are being pursued by the Chief State Solicitors Office in consultation with Cork County Council's legal representatives.

Garda Stations.

Jimmy Deenihan

Question:

137 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Finance the position regarding the acquisition of a site for a new Garda station at Tralee, County Kerry; the position regarding the provision of a new Garda station at Castleisland, County Kerry; and if he will make a statement on the matter. [17258/07]

A notice seeking expressions of interest from property owners or developers wishing to provide sites for new facilities in the Tralee area for both An Garda Síochána and the Courts Service was advertised earlier this year. The Commissioners of Public Works are, at present, considering the proposals which were received in response to the advertisement, as well as a number of other options. It is anticipated that this process will be completed in the near future.

A revised sketch scheme for a new Garda Station at Castleisland was signed off by Garda Authorities in April 2007. A Part 9 planning process has commenced and the final date for receipt of submissions is 11th July 2007. It is hoped to invite tenders in October 2007.

Tax Code.

Joe Costello

Question:

138 Deputy Joe Costello asked the Tánaiste and Minister for Finance his proposals for a review of current VAT classifications with a view to reducing the rate of VAT applied to certain environmental goods and services in regard to the commitment contained in the Programme for Government; and if he will make a statement on the matter. [17152/07]

The Programme for Government contains a commitment to examine the scope for reducing the VAT rate on environmental goods and services from the standard VAT rate of 21 per cent to the reduced rate of 13.5 per cent. I should mention that this is just one of a number of initiatives in the Programme aimed at delivering a cleaner environment.

In carrying out this examination account will be taken of the growing range of environmental and renewable energy products which present opportunities to reduce our dependence on conventional energy systems and can make a contribution to tackling Climate Change. For example, energy-efficient insulation materials, renewable energy systems including wind, solar and geothermal systems, and the options arising in the bio-energy crop sector will be examined.

In considering a change in VAT arrangements for these, or indeed any other, goods and services, it is important to bear in mind that the treatment of goods and services is subject to EU VAT law with which Irish VAT law must comply.

It is important however to point out that the reduced rate of VAT of 13.5 per cent may currently be applied to insulation materials and renewable energy systems where these products are supplied and installed as a single contract and where the VAT-exclusive cost of the goods does not exceed two-thirds of the total VAT-exclusive charge to the customer. I understand that the bulk of supply and install contracts are likely to meet this so-called "two-thirds" rule, resulting in the reduced VAT rate of 13.5 per cent rate being applied. Consequently, under existing VAT arrangements, the reduced VAT rate can apply to environmental products where they form part of such a supply and installation arrangement.

The reduced VAT rate of 13.5 per cent also currently applies to the supply of all fuel products, including wood pellets, used for home heating and light. Ireland is one of only eight Member States that apply a reduced VAT rate to the supply of fuel products used for home heating and light.

The purpose of our proposed VAT review is to examine whether there is scope within EU VAT law to further extend the application of the reduced VAT rate in the area of environmental goods and services. This and other measures under the Programme for Government clearly demonstrate the Government's commitment to addressing the environmental challenges which we face.

Commission on Taxation.

Arthur Morgan

Question:

139 Deputy Arthur Morgan asked the Tánaiste and Minister for Finance when the Commission on Taxation as proposed in the Programme for Government will be established. [17253/07]

The Programme for Government contains certain commitments in the area of taxation policy including a commitment to the establishment of a Commission on Taxation which will have a wide remit to consider the structure of the taxation system. The Commission will be specifically charged with considering and making recommendations on the following:

Examine the balance achieved between taxes collected on income, capital and spending and report on it

Review all tax expenditures with a view to recommending the discontinuation of those that are unjustifiable on cost/benefit grounds

Consider options for the future financing of local government

In the context of maintaining a strong economy, investigate fiscal measures to protect and enhance the environment including the introduction of a carbon tax

I will be bringing proposals to Government in the near future on matters relating to the establishment of the proposed Commission including its membership and terms of reference. Pending consideration by the Government of these proposals, I am not in a position to elaborate further on matters pertaining to the Commission or its work programme.

Tax Code.

Michael D. Higgins

Question:

140 Deputy Michael D. Higgins asked the Tánaiste and Minister for Finance his proposals to use the taxation system to encourage good environmental behaviour and discourage poor practice in regard to the commitment contained in the Programme for Government; and if he will make a statement on the matter. [17155/07]

I accept that the tax system can be used either to encourage or deter certain behaviours that have impacts on the environments. In this regard I have been to the fore in using the tax system to promote environmental policies; examples include

excise relief of over €200 million for biofuels over 5 years from 2006

50% VRT relief for flexible fuel vehicles, hybrid cars and electric cars

the inclusion of recycling companies in BES/Seed Capital Schemes from 2007, and

extending the tax relief for corporate investment in renewable energy.

In addition, work is continuing with respect to the commitment in last year's Budget, to introduce changes to the current VRT and Motor Tax systems to take greater account of environmental issues, and in particular CO2 emissions, from a target date of 1 January 2008.

Furthermore, the Programme for Government signals that a carbon tax/levy will be introduced over the lifetime of this Government. The matter of the introduction of a carbon tax is one of the issues to be considered by the new Commission on Taxation to be established under the Programme. Consequently, at this stage, the precise design of such a tax has yet to be determined. This will, of course, form an important part of the normal deliberative process of the Government in setting fiscal and environmental policy. Deputies will recall, however, that the Programme for Government indicates that the phasing-in of a carbon levy will be on a revenue neutral basis, so it is not intended that its introduction will lead to any net Exchequer revenue increase or net addition to the overall tax burden.

Revenue Commissioners Reports.

Ciaran Lynch

Question:

141 Deputy Ciarán Lynch asked the Tánaiste and Minister for Finance if he will make a statement on the recently published Revenue Commissioners Annual Report for 2006. [17162/07]

I was pleased to note the strong performance on a number of fronts recorded in the eighty-fourth Annual Report of the Revenue Commissioners. The 2006 Report continues the practice of reporting on Revenue's Statement of Strategy, in accordance with the Public Service Management Act 1997. This is the second report on Revenue's Statement of Strategy 2005-2007 which highlights three main Goals:

To ensure everyone complies with their tax and Customs responsibilities;

To be a capable, flexible, results-oriented organisation, and,

To play its part nationally and internationally.

The three Goals and their associated strategies are reported on in detail in the annual Report, some of the highlights of which are as follows:

2006 was another year of very strong tax collection performance. Net receipts amounted to €45.5 billion, some €6 billion above the corresponding figure for 2005 and €3.7 billion above the Budget estimate.

Special investigations yielded a total of €119.6 million in 2006 of which €88.3 million arose from the Single Premium Insurance Policy and Offshore Assets investigations. The cumulative total from special investigations currently stands at €2.3 billion.

Seven convictions for serious tax and duty evasion were secured in 2006. A further 515 convictions were obtained for summary offences and there were 1,295 convictions for non-filing of tax returns.

Revenue continued the sectoral approach to audit. New projects initiated included the construction sector, publicans, computer consultants, coffee shops, restaurants and take-aways, hotels and rental income. The construction sector project alone yielded €125 million in tax, interest and penalties. Some 1,600 site visits identified over 1,000 cases not registered with Revenue and almost 500 sub-contractors who were reclassified as employees. This project is continuing in 2007.

Total audit and assurance check activity yielded €691.8 million and the names of 601 tax defaulters who concluded audit settlements amounting to €154 million were published.

A range of on-line and telephony self-service options were provided for PAYE taxpayers. It is now open to any of the 2.2 million PAYE customers to view their tax records, claim a wide range of tax credits, apply for repayments, request a tax review and change personal details — all on-line.

The Revenue On-Line Service (ROS) continued its strong growth in 2006. The number of payment transactions made via ROS increased by 40.48% to 408,575 while the value of the payments made via ROS increased by 37.19% to €16.6 billion.

To help ease the regulatory burden on business, less frequent filing of PAYE/PRSI returns was introduced in 2006 for employers whose annual PAYE/PRSI liability was €30,000 or less. A similar initiative has recently been extended to VAT.

Arrears as a percentage of total gross receipts now stand at an historic low of 1.8% — one of the lowest of any tax administration worldwide. Overall debt was €1,107 million in 2006.

Drugs with an estimated street value of €8.6 million were seized; tobacco with a value of almost €18.5 million and almost €725,000 of suspected criminal cash was detained by Revenue's Customs Service.

I announced in my Budget statement in December that Revenue would undertake a series of simplification measures to make the process of claiming reliefs as easy as possible in as many areas as possible. The first of these measures, the operation of DIRT — free accounts for people aged over 65 and the permanently incapacitated (subject to income limits in both cases) is now up and running and others are due to follow in 2007 and 2008.

While the volume of Revenue's business increased significantly during 2006, the cost of administration as a percentage of Gross Receipts fell to 0.77%, down from 0.81% in the previous year. This figure, which is now at a record low and which compares very favourably with other Tax and Customs Administrations worldwide, is a useful measure of administrative efficiency and clearly demonstrates Revenue's commitment to delivering value for money and maximising benefits from new technology .

I am satisfied that Revenue's Annual Report for 2006 reflects considerable success in all of its business areas, as borne out by the strong receipts and successful compliance activity, and displays Revenue's commitment to develop and enhance service provision across all of its activities.

Agreements with Members.

James Bannon

Question:

142 Deputy James Bannon asked the Taoiseach if the cost of deals with independent TD’s valued at hundreds of millions will be reimbursed to the taxpayer; and if he will make a statement on the matter. [16995/07]

Bernard J. Durkan

Question:

143 Deputy Bernard J. Durkan asked the Taoiseach if his Department was consulted in regard to the special arrangements made to meet the requirements of individual Members of the Houses of the Oireachtas in return for the support for the Government; the extent to which the total costs involved have been assessed, the arrangements made or expected to be made to meet the necessary financial requirements; and if he will make a statement on the matter. [17637/07]

Billy Timmins

Question:

144 Deputy Billy Timmins asked the Taoiseach the cost to his Department of the agreement between the Government and independent TDs Finian McGrath, Jackie Healy-Rae and Michael Lowry; the breakdown of same; the projects involved; and if he will make a statement on the matter. [18033/07]

Ruairí Quinn

Question:

145 Deputy Ruairí Quinn asked the Taoiseach, further to the agreement reached with Deputy Michael Lowry in relation to support for the Government, the changes to his Department’s plans caused by this agreement; the line items of the agreement that fall within his portfolio; the increases, decreases or reallocations of spending caused by this agreement; the cost of each line item in this agreement in so far as it affects his Department; and if he will make a statement on the matter. [16932/07]

Ruairí Quinn

Question:

146 Deputy Ruairí Quinn asked the Taoiseach, further to the agreement reached with Deputy Beverly Flynn in relation to support for the Government, the changes to his Department’s plans caused by this agreement; the line items of the agreement that fall within his portfolio; the increases, decreases or reallocations of spending caused by this agreement; the cost of each line item in this agreement in so far as it affects his Department; and if he will make a statement on the matter. [16947/07]

Ruairí Quinn

Question:

147 Deputy Ruairí Quinn asked the Taoiseach, further to the agreement reached with Deputy Finian McGrath in relation to support for the Government, the changes to his Department’s plans caused by this agreement; the line items of the agreement that fall within his portfolio; the increases, decreases or reallocations of spending caused by this agreement; the cost of each line item in this agreement in so far as it affects his Department; and if he will make a statement on the matter. [16962/07]

Ruairí Quinn

Question:

148 Deputy Ruairí Quinn asked the Taoiseach, further to the agreement reached with Deputy Jackie Healy-Rae in relation to support for the Government, the changes to his Department’s plans caused by this agreement; the line items of the agreement that fall within his portfolio; the increases, decreases or reallocations of spending caused by this agreement; the cost of each line item in this agreement in so far as it affects his Department; and if he will make a statement on the matter. [16977/07]

I propose to take Questions Nos. 142 to 148, inclusive, together.

These are political agreements that I have entered into as Leader of the Fianna Fáil Party with individual independent Deputies. These agreements are confidential but I am happy to confirm to the House that they are as always based on the Programme for Government which incorporates the National Development Plan, approved Government Programmes and Annual Estimates for capital and current expenditure.

As Deputies will be aware, such arrangements have existed over the past ten years and, in all instances, I have used my best endeavours to deliver them.

Departmental Projects.

Tom Sheahan

Question:

149 Deputy Tom Sheahan asked the Taoiseach the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18189/07]

There are no projects approved by my Department this year that exceed the threshold for a cost benefit analysis.

Employment Rights.

Ned O'Keeffe

Question:

150 Deputy Edward O’Keeffe asked the Tánaiste and Minister for Finance if he will assist a person (details supplied) in County Cork in obtaining their P45. [17068/07]

The Revenue Commissioners have advised me that an employer has an obligation to present the relevant parts of form P45 when the employee ceases employment.

Should a reasonable request be refused, the Revenue Commissioners advise that the local Revenue office can provide assistance in obtaining the form P45, on receipt of all relevant employment facts from the employee. The person concerned should submit details of his employment to Cork North West Branch, Government Buildings, Sullivan's Quay, Cork and advise that he has been unable to get a P45 from his former employer.

Disabled Drivers.

Bernard J. Durkan

Question:

151 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance if a revision or review can or will be undertaken to remedy the inconsistency in the degree to which persons suffering from certain disabilities do not qualify under Disabled Drivers Disabled Passengers 1994 Tax Concession Regulations in order to acquire or adapt a vehicle for work purposes; and if he will make a statement on the matter. [17117/07]

Bernard J. Durkan

Question:

180 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance when it is expected to implement the recommendations of the inter-Departmental group dealing with the Disabled Drivers Disabled Passengers Tax Concession 1994 Regulations; and if he will make a statement on the matter. [17635/07]

I propose to take Questions Nos. 151 and 180 together.

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.

Decentralisation Programme.

Niall Collins

Question:

152 Deputy Niall Collins asked the Tánaiste and Minister for Finance the position in relation to the decentralisation of the office of the Revenue Commissioners to Newcastle West, County Limerick; and if he will make a statement on the matter. [16527/07]

I am advised by the Revenue Commissioners that a site for the new decentralised offices in Newcastle West was purchased by the Office of Public Works (OPW) from Limerick County Council in 2005. Following due process a preferred tenderer was identified and a planning application was lodged with Limerick County Council which was granted on 26 March 2007.

Working drawings and other documents are being prepared and on completion OPW anticipates being in a position to place the contract.

I am advised by Revenue that OPW are not in a position to advise of a likely completion date at this time. Revenue, however, are ready to occupy the building as soon as it becomes available.

Tax Code.

Paul Kehoe

Question:

153 Deputy Paul Kehoe asked the Tánaiste and Minister for Finance the reason a person (details supplied) in County Wexford is being taxed on their income; and if he will make a statement on the matter. [16597/07]

I have been informed by the Revenue Commissioners that a certificate of tax credits has issued to the taxpayer and her employer. In the absence of such a certificate employers are required to deduct tax on an emergency basis. The taxpayer's employer is now in a position to repay any excess tax deducted. If the taxpayer has any further queries on this matter, she should contact her local tax office who will be glad to be of assistance.

Decentralisation Programme.

Denis Naughten

Question:

154 Deputy Denis Naughten asked the Tánaiste and Minister for Finance his plans to relocate staff from the Revenue Commissioners to Roscommon Town; the number of staff to be relocated and the timetable involved; and if he will make a statement on the matter. [16678/07]

I am advised by the Revenue Commissioners that it is currently planned to relocate up to ten officers to Roscommon Town. The relocation process is under discussion and once this is finalised it is expected that the officers will be in place within a short timeframe.

Driving Tests.

Denis Naughten

Question:

155 Deputy Denis Naughten asked the Tánaiste and Minister for Finance the steps he proposes to take to relocate the driving test centre in Roscommon Town; his views on whether the current site and lack of public toilet facilities is acceptable; the steps taken to date by the Office of Public Works to address this situation; and if he will make a statement on the matter. [16688/07]

There are no plans to relocate the existing driving test centre at Circular Road, Roscommon. The existing test centre is due to be upgraded shortly and works will include improved toilet facilities.

Departmental Correspondence.

Denis Naughten

Question:

156 Deputy Denis Naughten asked the Tánaiste and Minister for Finance, further to Parliamentary Question No. 306 of 20 March, 2007, if the Office of Public Works has received the contracts for sale from the vendors; the status of the purchase of the property; when the purchase will be completed; and if he will make a statement on the matter. [16691/07]

Further to Parliamentary Question No. 306 of 20th March 2007 and Parliamentary Question No. 193 of 5th April 2007, signed contracts were forwarded to Vendors Solicitor on 7th June 2007. The terms of the contracts provide for closing in 4 weeks from the exchange of contracts.

Question No. 157 answered with QuestionNo. 125.

Site Acquisitions.

Jimmy Deenihan

Question:

158 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Finance if the Office of Public Works will approve a site for the new school at Listellick, Tralee, County Kerry; and if he will make a statement on the matter. [16754/07]

The Commissioners of Public Works in Ireland act as general agents for the Department of Education & Science in the acquisition of sites for primary schools. A site has been identified which has been technically assessed as suitable.

Negotiations are ongoing with the vendors agent and it would be inappropriate to comment further at this point. When agreement is reached on price, the formal approval of the Department of Education & Science is obtained prior to proceeding to contract.

Tax Code.

Róisín Shortall

Question:

159 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the steps he will take in relation to the reform of Stamp Duty; and the way he will compensate those first time buyers who paid huge sums in stamp duty immediately prior to the change in Government policy on the basis of statements by him that there would be no change in the applicable Stamp Duty rates. [16835/07]

The recently published Finance (No. 2) Bill 2007 introduces an exemption from stamp duty for first-time buyers in accordance with the commitments made in the Programme for Government to bring about immediate change to the stamp duty code for first-time buyers.

This provides that deeds presented by first-time buyers to the Revenue Commissioners on or after 30 April 2007 will be exempt from stamp duty. As a deed must be presented to the Revenue Commissioners within 30 of execution, the Bill is drafted to provide for exemption for deeds executed on or after 31 March 2007. The Revenue Commissioners will refund any monies already paid on deeds that benefit from the exemption.

Drainage Schemes.

Michael Ring

Question:

160 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will instruct the Office of Public Works to clean a river (details supplied) in County Mayo. [16849/07]

There are a number of channels in the Lough Mallard area which form part of the Moy Catchment Drainage Scheme and for which the Office of Public Works has a statutory maintenance responsibility under the Arterial Drainage Acts. These channels will be included in this Office's Maintenance Programme for 2008.

Flood Relief.

Michael Ring

Question:

161 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will ascertain from the Office of Public Works if a report has been carried out (details supplied); if so, if he will provide this Deputy with a copy of same; and the action the OPW will take if the local authority will not deal with this issue through the planning process. [16893/07]

As indicated in my predecessor's response of 24th April, 2007 to the Deputy in this matter, Mayo County Council sought a hydrological analysis of the impact of the development in question from the developer. Details of any data available to the Office of Public Works in relation to the condition of the channel were provided to the Council on 2nd April 2007 at their request. As previously indicated to the Deputy the information which accompanied the letter, which consists of cross sections and photographs, are available for viewing in OPW's office in Headford. The Deputy may wish to approach the County Council regarding the availability of the developers report.

The enforcement of planning requirements is a matter for the Local Authority. The OPW has no role in this regard. OPW and Mayo County Council officials are continuing to examine jointly ways of reducing flood risk in Crossmolina.

Michael Ring

Question:

162 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will ascertain from the Office of Public Works the funding that was put in place in relation to the flooding problem in South Mayo. [16894/07]

As indicated in the response by my predecessor of 24th April, 2007 to the House in this matter, Mayo County Council prepared a report on flooding in South Mayo, that identified a number of proposals to solve the problems in the different areas, many of which relate to flooding of roads.

The Office of Public Works is liaising with the Council in relation to the report and will provide assistance where appropriate under the initiative introduced in January this year to help Local Authorities to deal with flooding which occurred last November and December. Measures will be funded where the cost of works is commensurate with the social and economic benefits of the measures required and where the works required are environmentally sustainable. The cost of the works will be met from the overall provision for Flood Relief Projects in Vote 10, Office of Public Works on a project-by-project basis.

Michael Ring

Question:

163 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will ascertain from the Office of Public Works the action they propose to take to resolve the serious flooding problem in south Mayo. [16895/07]

The Office of Public Works has commenced works to alleviate flooding in the Kilmaine area of South Mayo. In this regard, works are ongoing on an overflow channel from Clyard turlough into an OPW scheduled channel of the Corrib — Headford Scheme. It is planned to follow this work with construction of an overflow pipeline into the same channel from Thomastown turlough. It is expected that both these projects will be completed before the onset of winter.

Tax Code.

Jack Wall

Question:

164 Deputy Jack Wall asked the Tánaiste and Minister for Finance the reason a person (details supplied) in County Kildare is not in receipt of tax relief in relation to rent payments; and if he will make a statement on the matter. [16984/07]

I have been advised by the Revenue Commissioners that the taxpayer has received and continues to receive full credit due in respect of rent relief for the years 2006 and 2007.

John Perry

Question:

165 Deputy John Perry asked the Tánaiste and Minister for Finance when a refund will be issued to a person (details supplied) in County Sligo; and if he will make a statement on the matter. [17030/07]

I am advised by the Revenue Commissioners that a repayment in respect of the named person has been processed and a cheque will issue shortly.

Richard Bruton

Question:

166 Deputy Richard Bruton asked the Tánaiste and Minister for Finance if he has plans to reorganise benefit in kind to link the structure to emissions; and the way this will impact on the present graded structure depending on mileage. [17096/07]

The benefit-in-kind system on company cars was substantially revised in 2004. Under the revised system the benefit to an employee of a car provided by his or her employer is calculated by reference to the original market price of the car and the employee's annual business mileage. For example, where an employee's annual business mileage is 15,000 miles or less the benefit of the car is calculated at 30% of the original market price of the car. This falls to 6% where the employee's business mileage is 30,001 business miles and over. The tapering of rates ensures that employees who genuinely need to travel significantly in the course of their work incur a lower benefit-in-kind charge.

Work is continuing with respect to the commitment in Budget 2007 to introduce changes to the current VRT system, to take greater account of environmental issues, and in particular CO2 emissions, from a target date of 1 January 2008. A public consultation in this regard has taken place and a range of possible options are being considered at this stage. Following the outcome of this exercise, it may well be appropriate to examine the scope for linking the structure of the benefit-in-kind system to emissions. Any changes would be a matter for consideration in the context of future budgetary policy.

Richard Bruton

Question:

167 Deputy Richard Bruton asked the Tánaiste and Minister for Finance if he has received a report on reforms in the vehicle registration tax structure; and when he will publish this report. [17097/07]

As the Deputy will be aware, in my 2007 Budget Statement, I announced that I planned to introduce changes to the current VRT system to take greater account of environmental issues, and in particular Carbon Dioxide (CO2) emissions. The Programme for Government re-affirms this commitment. A public consultation in this regard has taken place. Work on the matter is ongoing and a range of possible options are being considered at this stage. It is intended that the changes made to the VRT system will be broadly revenue neutral.

Bernard J. Durkan

Question:

168 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance when a P21 will issue to a person (details supplied) in County Kildare for the year 1 January 2006 to 31 December 2006; and if he will make a statement on the matter. [17112/07]

I have been advised by the Revenue Commissioners that no previous request was received for issue of a P21 balancing statement for 2006. The relevant PAYE balancing statement (Form P21) will issue to the taxpayer in the coming days.

Bernard J. Durkan

Question:

169 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance when VAT exemption status will be awarded to a club (details supplied); and if he will make a statement on the matter. [17113/07]

The position is that the provision of facilities for taking part in sporting and physical education activities, and services closely related thereto, provided by non-profit making organisations are exempt from VAT under the First Schedule to the Value Added Tax Act 1972 (as amended). I am informed by the Revenue Commissioners that if the club in question fulfils the appropriate criteria, the services supplied are exempt from VAT. In this regard, there is no specific requirement to apply for the exemption.

Decentralisation Programme.

Michael Creed

Question:

170 Deputy Michael Creed asked the Tánaiste and Minister for Finance the situation regarding the proposed decentralisation of part of his Department to County Cork. [17222/07]

As part of the overall decentralisation programme, it is intended that 100 staff of the Public Appointments Service (PAS) and 100 staff of the Valuation Office will be decentralised to Youghal, Co. Cork. It is also intended that 100 staff of the Office of Public Works will decentralise to Kanturk, Co Cork. I am informed by PAS and the Valuation Office that the number of people who have indicated their desire to decentralise to Youghal with these offices is 100 and 28 respectively. In accordance with the indicative timescale set out in the report from the Decentralisation Implementation Group both offices are working towards decentralising to Youghal in mid 2009. I am advised by the OPW that they have agreed terms to acquire a local authority site in Youghal from Cork County Council. The legal formalities are being pursued by the Chief State Solicitors Office in consultation with Cork County Council's legal representatives.

I am also advised by the OPW that the number of people who have indicated their desire to decentralise to Kanturk is 90. In accordance with the indicative timescale set out in the report from the Decentralisation Implementation Group the OPW is working towards decentralising to Kanturk by the end of 2008. The acquisition of a suitable site in Kanturk is well advanced.

Tax Code.

Alan Shatter

Question:

171 Deputy Alan Shatter asked the Tánaiste and Minister for Finance the moneys received in respect of each of the tax years from 2002 to 2006 by way of inheritance tax paid by sons and daughters on property inherited from deceased parents. [17238/07]

Alan Shatter

Question:

172 Deputy Alan Shatter asked the Tánaiste and Minister for Finance the moneys received by way of inheritance in each of the years from 2002 to 2006 as a result of a son or daughter inheriting a family home from a deceased parent. [17239/07]

I propose to take Questions Nos. 171 and 172 together

I should point out to the Deputy that gifts or inheritances of dwelling-houses taken on or after 1 December 1999 are exempt from Capital Acquisitions Tax provided certain conditions relating to prior occupation, ownership of another dwelling-house and continued occupation are met. I am informed by the Revenue Commissioners that details from inheritance tax returns are not captured in such a way as to provide a basis for compiling the information sought by the Deputy. It is, therefore, not possible to separately identify the inheritance tax relating to property, including the family home, inherited by children from parents from within the overall yield from the tax without conducting an extensive investigation of the individual Revenue records.

The figures of net receipts from all inheritance tax for the years 2002 to 2006 are as follows:

Year

2002

2003

2004

2005

2006

Inheritance Tax Yield

€128.06m

€130.65m

€171.29m

€196.65m

€299.37m

Natural Heritage Areas.

Jimmy Deenihan

Question:

173 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Finance the position regarding the repair of the carpark at Carrigafoyle Castle, Ballylongford, County Kerry; and if he will make a statement on the matter. [17388/07]

The repair of the carpark is a matter for Kerry County Council in the first instance. On completion of works, the Office of Public Works is prepared to make an equitable contribution towards the cost.

Tax Code.

Róisín Shortall

Question:

174 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the reason tax relief is not available on expenditure on psychotherapy services, even when the practitioner is registered; his estimate of the cost in a full year of extending relief to this kind of health expenditure; the last time the types of health expenditure were reviewed; the title of the report that set out this review; and if he will ensure a copy is available in the Oireachtas library. [17432/07]

Under Section 469 of the Taxes Consolidation Act 1997, tax relief, under the heading of health expenses, may be claimed in respect of the services of a practitioner and in respect of diagnostic procedures carried out on the advice of a practitioner. The cost of psychotherapy sessions will qualify for tax relief where such sessions are -: the services of a practitioner; or diagnostic procedures carried out on the advice of a practitioner.For this purpose, "practitioner" means any person who is (a) registered in the register established under section 26 of the Medical Practitioners Act 1978, (b) registered in the register established under section 26 of the Dentists Act 1985, or (c) in relation to health care provided outside the State, entitled under the laws of the country in which the care is provided to practice medicine or dentistry there.

It is not possible to provide an estimate of the full year cost of extending the scope of health expenses relief to cover psychotherapy services (beyond those who may currently qualify) as such cost would depend on the extent to which the relief was utilised. In common with all tax reliefs, health expenses relief, including its scope, is reviewed on a regular basis by my Department in the context of the annual Budget and Finance Bill. Such reviews are not usually the subject of formal published reports.

Flood Relief.

Brian O'Shea

Question:

175 Deputy Brian O’Shea asked the Tánaiste and Minister for Finance his proposals to progress the Tramore Road section of the St. John’s River flood relief scheme, County Waterford; and if he will make a statement on the matter. [17436/07]

A Flood Relief Scheme, to protect the Tramore Road against frequent flooding was not economically viable. The Commissioners of Public Works are in discussion with Waterford City Council to see if an economically and environmentally sustainable scheme can be devised.

Tax Code.

James Reilly

Question:

176 Deputy James Reilly asked the Tánaiste and Minister for Finance his views on reducing the VAT rate on insulation materials, solar panels, wool pellet burners, heat recovering units and other such materials and equipment which increase energy efficiency and reduces the wasteful use of energy; and if he will make a statement on the matter. [17495/07]

The Programme for Government contains a commitment to examine the scope for reducing the VAT rate on environmental goods and services from the standard VAT rate of 21 per cent to the reduced rate of 13.5 per cent. I should state that this is just one of a number of Government initiatives in the Programme aimed at delivering a cleaner environment. In carrying out this examination account will be taken of the growing range of environmental and renewable energy products which present opportunities to reduce our dependence on conventional energy systems and can make a contribution to tackling Climate Change. Energy-saving products and systems including those mentioned by the Deputy will be considered during the exercise. As for all goods and services, the VAT treatment of environmental goods and services is subject to EU VAT law with which Irish VAT law must comply.

It is important however to point out that, while the supply of insulation materials and renewable energy systems is subject to the standard VAT rate of 21 per cent, the reduced rate of VAT of 13.5 per cent may currently be applied where these products are supplied and installed as a single contract and where the VAT-exclusive cost of the goods does not exceed two-thirds of the total VAT-exclusive charge to the customer. I understand that the bulk of supply and install contracts are likely to meet this so-called "two-thirds" rule, resulting in the reduced VAT rate of 13.5 per cent rate being applied. Consequently, under existing VAT arrangements, the reduced VAT rate can apply to environmental products where they form part of such a supply and installation arrangement.

The reduced VAT rate of 13.5 per cent also currently applies to the supply of all fuel products, including wood pellets, used for home heating and light. Ireland is one of only eight Member States that apply a reduced VAT rate to the supply of fuel products used for home heating and light. The purpose of our proposed VAT review is to examine whether there is scope within EU VAT law to further extend the scope of the application of the reduced VAT rate in the area of environmental goods and services. This and other measures under the Programme for Government clearly demonstrate the Government's commitment to addressing the environmental challenges which we face.

Natural Heritage Areas.

Bernard J. Durkan

Question:

177 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance his proposals in respect of Castletown House, Celbridge, County Kildare, its grounds and associated buildings; the discussions that have taken place with local interest groups in regard to the future of Castletown, with particular reference to the availability of the grounds to the general public and its use as a local amenity; if discussions are ongoing in relation to these issues; and if he will make a statement on the matter. [17632/07]

There are several parties involved in the management of the lands at the Castletown demesne and environs. The Office of Public Works manages the House and adjacent buildings at Castletown and approx. 120 acres of the original 550 acre demesne. Coillte owns some 120 acres of woodlands of the original demesne, Kildare County Council (KCC) has taken in charge some 25 acres approx. on the south side of the river and the balance of land surrounding Castletown is owned by a private company.

The current programme of development works being undertaken at the House by the Office of Public Works involves a significant investment in upgrading the visitor facilities and services in the main house and in the west wing. The aim is to bring the facilities and the presentation of the House up to modern standards befitting one of the major heritage sites in the country. The current works are part of a planned phased development programme that will see, ultimately, the creation of a significant enhanced public amenity at Castletown. One of the main elements in this will be the development of the OPW managed grounds at Castletown together with the adjoining lands owned by KCC and Coillte into an integrated public parkland area with linked pathways across the river and through the woods. Other aspects of the works are summarised in the attached appendix.

There has been considerable ongoing discussion with local residents and other interested parties on the works programme at Castletown. From the outset OPW held several meetings with resident groups and kept local interests informed insofar as possible of what was happening and what was planned. It is acknowledged that there has been some concern expressed recently by certain people in the area at the lack of access due to the closure of the Celbridge Gate for renovation work. This was necessary for health and safety reasons. The OPW has endeavoured to assure people that there will continue to be public access to the Castletown grounds and, as indicated above, it is planned to considerably enhance the public walking amenities in the grounds and surrounding lands. In the interest of proper traffic management and public safety, it is planned that the main traffic entrance to Castletown will be from the M4 motorway.

Appendix

Castletown House — Summary of Works

The two historic vistas to Connolly's Obelisk and to the Wonderful Barn have been re-opened during the winter and spring. This has been achieved by the OPW with the co-operation of the two landowners who own the land upon which these vistas exist. The Obelisk has been made a National Monument and a 2 year conservation project on it has commenced. The objective is to achieve public access to the viewing platform in the Obelisk subject to conservation and health and safety issues being resolved. The Batty Langley Lodge which was acquired by the OPW in December 2006 will be conserved commencing in the autumn of 2007 in collaboration with the Irish Landmark Trust. Planning permission was sought and received from Kildare County Council in 2005 to extend railings around the Main House. These railings will help to protect the House from anti-social behaviour and damage. A new Entrance Gate and railings will be erected at the Celbridge Avenue entrance; this will incorporate two dedicated pedestrian entranceways to coincide with re- opening of House on the 22nd of July, 2007.

A new exhibition space has been created in the Main Block of Castletown House for temporary exhibitions and will open in July with a prestigious exhibition called Art of the State "Journeys" with artworks drawn from the OPW's State Art Collection and the Department of Finance and Personnel, Northern Ireland's Art Collection. A new Café/Restaurant will re-open in the West Wing of Castletown and be managed by Claire Hanley Catering. There will be new Visitor Service facilities for visitors to include a new Reception and Ticket Office, space to leave buggies, coats, bags etc. In time, and depending on the availability of funds, it is planned also to redevelop the East Wing of the House into a conference and event venue.

Economic Competitiveness.

Bernard J. Durkan

Question:

178 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the steps he proposes to take to improve the competitiveness of the Irish economy; and if he will make a statement on the matter. [17633/07]

The last two Governments have developed policies which are designed to help Ireland's competitiveness and this Government intends to continue these policies. Important policy issues in the medium-term include: developing our innovation potential, improving the regulatory environment, enhancing the human capital of our country and developing our economic and technological infrastructure. By bolstering Ireland's competitiveness these, in turn, should raise living standards, improve the quality of life and lay the foundations for future growth.In this context, the National Development Plan for the period 2007-2013 will further enhance our economic and social infrastructure, notably in the key areas of Transport, Environmental Services, Social and Affordable Housing, Health, Education, Broadband and Energy. In addition, investment in support of the Strategy for Science, Technology and Innovation and investment in Education at all levels with a particular emphasis on the third and fourth — that is PhD — levels in tandem with continued investment in labour force training and lifelong learning will ensure that we are well prepared to face the challenges ahead. The new Government is also keen to enhance our competitiveness as a location for new internationally-mobile research-related investment. Recognising that Research and Development (R&D) is the key to a more knowledge-intensive economy aimed at providing a sustainable long-term basis for growth in employment and incomes, the last Government introduced a tax credit for R&D in 2004. Improvements to the tax credit scheme were announced in this year's Budget.

The aim of the tax credit scheme is to encourage existing overseas and indigenous firms to add research functions to their operations in Ireland or to increase their level of research activity. This, combined with our single 12.5 per cent corporation tax rate on trading profits in all sectors, will continue to support the necessary stable enterprise environment which Ireland has so carefully nurtured through the years, and help to underpin our economic and social development going forward.

Tax Code.

Bernard J. Durkan

Question:

179 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance his proposals to tax incentivise bio-fuel production; and if he will make a statement on the matter. [17634/07]

While the promotion of biofuel is primarily a matter for my colleague, the Minister for Communications, Energy 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;

contribute towards meeting a target of 5.75% transport fuel market penetration by biofuels by 2009;

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 50% VRT relief to promote new flexible fuel vehicles (cars designed to operate on biofuels) for an initial period of two years.

The overall level of excise relief available for biofuels under the above mentioned scheme is that which had been proposed by the then 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 coming years. 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. To provide further market certainty and encourage projects of scale, the Government recently announced its intention to move to a Biofuels Obligation by 2009, with targets for market penetration for biofuels of 5.75% in 2009 and 10% by 2020. The scheme is included in the Programme for Government in conjunction with a commitment to work with our EU partners to require biofuels used in transport to comply with an environmental certification system which incorporates sustainability criteria in terms of biofuel production.

Question No. 180 answered with QuestionNo. 151.

Programmes for Government.

Bernard J. Durkan

Question:

181 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance if revision of the financial proposals set out in Budget 2007 is anticipated or expected to be necessitated arising from the Programme for Government or related matters; and if he will make a statement on the matter. [17636/07]

The Programme for Government sets out clearly the Government's guiding economic and fiscal principles for the next five years. We are fully committed to a responsible fiscal policy, including keeping the budget in broad balance. Updates of the economic and fiscal projections for the 2007-2009 period presented in Budget 2007 will be presented in my Department's next Pre-Budget Outlook, to be published this Autumn. These updates will take account of all relevant circumstances.

Carbon Tax.

Bernard J. Durkan

Question:

182 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the extent to which the proposed carbon tax is expected to impact on home heating costs; and if he will make a statement on the matter. [17638/07]

Bernard J. Durkan

Question:

183 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the extent to which he has examined the impact of the proposed carbon tax on the economy in general; the effect this is expected to have on transport costs; if tax or excise reductions are anticipated to counter any negative effects; and if he will make a statement on the matter. [17639/07]

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

The Programme for Government signals that a carbon tax/levy will be introduced over the lifetime of this Government. The matter of the introduction of a carbon tax is one of the issues to be considered by the new Commission on Taxation to be established under the Programme. Consequently, at this stage, the precise design of such a tax has yet to be determined. This will, of course, form an important part of the normal deliberative process of the Government in setting fiscal and environmental policy. All relevant issues, including the effect a carbon tax may have on home heating and transport costs, will be taken into account in consideration of the proposal. The Deputy will recall, however, that the Programme for Government indicates that the phasing-in of a carbon levy will be on a revenue neutral basis, so it is not intended that its introduction will lead to any net Exchequer revenue increase or net addition to the overall tax burden.

Decentralisation Programme.

Bernard J. Durkan

Question:

184 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the extent to which decentralisation has been progressed; the locations to which public servants have agreed to relocate; the number involved; when he expects the programme to be completed; and if he will make a statement on the matter. [17641/07]

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. Discussions have concluded on a number of human resource and industrial relations matters and are being progressed on other issues. At the end of April 2007, over 2,700 staff had been assigned to decentralising posts. It is expected that over 1,000 will be in place this summer in over 20 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 Decentralisation Implementation Group (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. Discussions are ongoing with the unions representing professional & 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.

Thirty State Agencies are due to relocate under the Government's Decentralisation Programme. Some 2,340 posts are involved, or just over 22% of the programme. The DIG did not set specific timeframes for the State Agencies as they believed that it was the responsibility of the board and senior management of each agency to implement the Government decision and to report to its "parent" department in the first instance on the progress being made. The DIG noted in its latest Report that while progress has been made by some State agencies, there has been a marked lack of action in some other agencies. The Group is currently meeting with CEOs from a number of State agencies to get an overview of progress to date and to identify the challenges remaining in implementing the Government policy.

The main issues facing the State agencies are those relating to the filling of posts in undersubscribed locations, the placing of staff choosing to remain in Dublin and promotion arrangements. These issues are the subject of ongoing contacts between my Department and ICTU. An approach based on negotiations and agreement has enabled significant progress to be made in relation to the Civil Service moves and it is the intention to continue with this policy in relation to the State Agency sector.

Bernard J. Durkan

Question:

185 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the position in regard to decentralisation; the costs associated with the project to date; the total anticipated costs; and if he will make a statement on the matter. [17642/07]

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 original Programme will come in within the overall envelope of €900m (in 2004 prices). In terms of actual outlay to date, the total amount committed in principle by the OPW on site acquisition costs, excluding VAT, is approximately €79 million. Expenditure to date is approximately €49 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. At the end of June, the total non-property costs incurred amount to €6.8m.

Tax Code.

Alan Shatter

Question:

186 Deputy Alan Shatter asked the Tánaiste and Minister for Finance if he will exclude cigarettes and other tobacco products from the basket of items from which the Consumer Price Index is presently calculated as recommended by the Joint Health Committee in its report A National Anti-Smoking Strategy a report on smoking published in November 1999. [17789/07]

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). Deciding what items are included in the basket and goods and service is a matter for him. The CSO currently publishes a CPI figure excluding Tobacco every month. The best measure of underlying inflation is the EU comparable measure of inflation, the Harmonised Index of Consumer Prices (HICP).

Care of the Elderly.

James Bannon

Question:

187 Deputy James Bannon asked the Minister for Health and Children her plans to appoint a Minister for Older People, specifically to act on and implement legislation for the elderly and appoint an ombudsman to advocate on their behalf; and if she will make a statement on the matter. [16495/07]

Services for Older People are a priority for the Government. The Deputy may wish to know that it is the intention of this Government to appoint Ms Marie Hoctor T.D. as Minister for Older People. It is intended that the Minister of State for Older People will also be a Member of the Cabinet Committee on Social Inclusion. The appointment of an Ombudsman for Older People will be considered in the context of overall policy developments/initiatives in the coming months.

Health Services.

Tom Hayes

Question:

188 Deputy Tom Hayes asked the Minister for Health and Children the reason a person (details supplied) in County Tipperary did not qualify for the homecare package. [16751/07]

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. 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.

Róisín Shortall

Question:

189 Deputy Róisín Shortall asked the Minister for Health and Children if she will review the arrangements whereby older people must get a letter from a doctor to say that they require an eye test in order to qualify for reading glasses; and if she will make a statement on the matter. [17430/07]

The ophthalmic scheme operated by the Health Service Executive, under Section 67 of the Health Act 1970, provides for a sight test and spectacles, free of charge, once every two years for adult medical card holders and dependants not covered by the relevant child health service.

To avail of these services the individual is required to complete an application form, which is available from local participating optometrists, and forward it to their Local Health Office. If the criteria of the ophthalmic scheme are met an authorisation to attend for the sight test will issue to the individual who may then avail of the service. In the normal course of events, a letter from a doctor is not required.

Bernard J. Durkan

Question:

190 Deputy Bernard J. Durkan asked the Minister for Health and Children when it is expected to provide adequate one stop shop facilities for parents whose children are autistic with a view to an accelerated programme of early diagnosis, speech and language therapy and associated back up services whereby parents can have access to a reliable and comprehensive service, thus eliminating the current situation whereby parents are themselves forced to carry out their own research, source their own diagnosis and therapy facilities; her proposals for the future in this regard; and if she will make a statement on the matter. [17671/07]

Bernard J. Durkan

Question:

339 Deputy Bernard J. Durkan asked the Minister for Health and Children when it is expected to provide adequate one stop shop facilities for parents whose children are autistic with a view to an accelerated programme of early diagnosis, speech and language therapy and associated back up services whereby parents can have access to a reliable and comprehensive service, thus eliminating the current situation whereby parents are themselves forced to carry out their own research, source their own diagnosis and therapy facilities; and her proposals for the future in this regard. [17672/07]

I propose to take Questions Nos. 190 and 339 together.

As the Deputy may be aware, Part 2 of the Disability Act 2005, which commenced on June 1 2007 for children under 5 provides people with disabilities with an entitlement to: An independent Assessment of health and education needs; a statement of the services (Service Statement) which it is proposed to provide, which will be prepared by a Liaison Officer; pursue a complaint if there is a failure to provide these entitlements; make an appeal through an independent appeals office against a recommendation of complaints officer or the non implementation of recommendation of complaints officer (by HSE or education provider)

This prioritisation reflects the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment. Part 2 will be commenced in respect of children aged 5-18 in tandem with the implementation of the EPSEN Act. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than 2011. In order to part facilitate the Implementation of Part II of the Disability Act an additional sum of €75m, for revenue purposes, was provided to the Health Service Executive for Disability Services in the 2007 Budget. This sum incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism.

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

Foreign Adoptions.

Leo Varadkar

Question:

191 Deputy Leo Varadkar asked the Minister for Health and Children her plans to ratify the Hague Convention with regard to adoption; and if she will make a statement on the matter. [17752/07]

The Adoption (Hague Convention, Adoption Authority and Miscellaneous Provisions) Bill 2007 is currently being drafted to establish the Adoption Authority and to give the force of law to the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption (Hague Convention 1993). It is intended that the Bill will be published in 2007.

Services for People with Disabilities.

James Bannon

Question:

192 Deputy James Bannon asked the Minister for Health and Children her plans for ongoing service development for children and adults with intellectual disability, particularly respite and residential services in Longford and Westmeath; and if she will make a statement on the matter. [16491/07]

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

Hospitals Building Programme.

James Bannon

Question:

193 Deputy James Bannon asked the Minister for Health and Children the position in relation to the completion of phase 2B Longford/Westmeath General Hospital; and if she will make a statement on the matter. [16492/07]

Phase 2B of the development of the Midland Regional Hospital at Mullingar is divided into two stages.

The completion of the first stage of the project will increase the bed complement from 215 to 244. This phase includes the fit out of the existing ward shells, the refurbishment of the existing paediatric and obstetric wards and an interim Special Care Baby Unit. The HSE has advised that the fit out of the existing ward shells is scheduled for completion by the end of September. These wards will then be utilised to facilitate the completion of the refurbishment of the existing paediatric and obstetric wards and the development of the interim Special Care Baby Unit.

The second stage of the project, which proposes to increase the bed complement to 324, is estimated to cost in the region of €48 million. It includes a new Acute Psychiatric Department, an Intensive Care Unit, a new Medicine for Elderly/Rehabilitation Unit, increased capacity in the Medical Assessment Unit and increased capacity for day procedures. In accordance with Department of Finance requirements, any capital project in the Health Sector costing more than €30 million requires a detailed cost benefit analysis. My Department is advised by the HSE that this analysis has now been completed in respect of the second stage of the Phase 2B development at Mullingar and is due to be considered by the Executive shortly.

Health Service Staff.

James Bannon

Question:

194 Deputy James Bannon asked the Minister for Health and Children the action she will take to reverse the trend whereby physiotherapy graduates are forced to go abroad to gain necessary employment and experience; and if she will make a statement on the matter. [16500/07]

There has been a growing demand for and investment in therapy services over the last number of years. A particular priority for my Department and the Department of Education and Science in recent years has been the expansion of the supply of physiotherapy graduates. Training places for physiotherapists have increased by 134% (from 64 to 150) while the number of physiotherapists employed in the public health service has risen by 130% (from 593 to 1,364) since 1997.

The provision of additional physiotherapy services through developments in a number of service areas has been prioritised in recent years. A number of additional physiotherapists will be employed as a result of additional funding provided for new developments in 2006 and 2007. Additional physiotherapists will be required, for example, for the extension of the home care package scheme, the development of primary care teams and networks and the enhancement of the level and range of multi-disciplinary support services in the disability sector. However, I am aware that a situation emerged whereby some 2006 physiotherapy graduates had difficulty in obtaining employment in the public health service. My Department, in conjunction with the HSE, undertook to address this situation in a proactive manner and made significant progress in creating employment opportunities for these graduates. In this regard, my Department is continuing to chair a working group comprising representatives from the HSE, the therapy managers and IMPACT. The Group has identified the contributing factors and has developed an action plan with a view to addressing these factors to minimise similar difficulties for 2007 graduates. The group is now working through prioritised actions and continues to make progress on several key actions.

I understand that the HSE is reviewing the current panel for basic grade physiotherapists with a view to establishing a new basic grade physiotherapy panel as soon as possible. As a result of the proactive approach taken by my Department and the HSE, I understand that a large majority of the 2006 graduates are now employed.

Hospital Services.

Pat Breen

Question:

195 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated with a bed in University Hospital Galway; and if she will make a statement on the matter. [16503/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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.

Pat Breen

Question:

196 Deputy Pat Breen asked the Minister for Health and Children when a consultant radiologist (details supplied) will be employed at Ennis General Hospital, County Clare; and if she will make a statement on the matter. [16504/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services.

Pat Breen

Question:

197 Deputy Pat Breen asked the Minister for Health and Children the reason a person (details supplied) in County Clare has not been facilitated with a transfer from Limerick to Ennis; and if she will make a statement on the matter. [16506/07]

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.

Pat Breen

Question:

198 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated with surgery; and if she will make a statement on the matter. [16507/07]

As the Deputy's question relates to the operation of the National Treatment Purchase Fund, my Department has asked the Chief Executive of the Fund to reply directly to the Deputy in relation to the information requested.

Medical Cards.

Pat Breen

Question:

199 Deputy Pat Breen asked the Minister for Health and Children the reason a person (details supplied) in County Clare did not qualify for a medical card; and if she will make a statement on the matter. [16508/07]

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

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

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

Educational Assessments.

Bernard J. Durkan

Question:

200 Deputy Bernard J. Durkan asked the Minister for Health and Children when an educational assessment will be undertaken for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16544/07]

As the Deputy may be aware, Part 2 of the Disability Act 2005, which commenced on June 1 2007 for children under 5 provides people with disabilities with an entitlement to:

An independent Assessment of health and education needs

A statement of the services (Service Statement) which it is proposed to provide, which will be prepared by a Liaison Officer

Pursue a complaint if there is a failure to provide these entitlements

Make an appeal through an independent appeals office against a recommendation of complaints officer or the non implementation of recommendation of complaints officer (by HSE or education provider).

This prioritisation reflects the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment. Part 2 will be commenced in respect of children aged 5-18 in tandem with the implementation of the EPSEN Act. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than 2011.

If a special educational need is identified as a result of the assessment of a child under the Disability Act, that aspect of the assessment must be referred to the National Council for Special Education where the child is not yet attending school or to the Principal of his or her school for the purposes of an assessment under the Education for Persons with Special Educational Needs Act, 2004. The EPSEN Act will be implemented over a five year timeframe that commenced on 1 October 2005 with all sections of the Act having commenced by 1 October 2010. In preparation for its implementation, the Department of Education and Science has informed the Department of Health and Children that it intends putting systems in place on an administrative basis in the interim so that the requirements of the Act can be delivered. This means that in practice education services will be delivered on an administrative basis initially and are of course, a matter for the Minister of Education and Science.

Health Services.

Bernard J. Durkan

Question:

201 Deputy Bernard J. Durkan asked the Minister for Health and Children when placement for intervention services at Moyvale Lodge, Naas, County Kildare will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16545/07]

My Department has sought more information from the Deputy in relation to the exact details of the case in question which has not been given by the Deputy's office. I cannot answer the question unless further details are provided.

Hospital Services.

Bernard J. Durkan

Question:

202 Deputy Bernard J. Durkan asked the Minister for Health and Children when a person (details supplied) in County Kildare will be offered a medical procedure at Naas Hospital; and if she will make a statement on the matter. [16546/07]

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.

Health Services.

Bernard J. Durkan

Question:

203 Deputy Bernard J. Durkan asked the Minister for Health and Children when respite care will be offered to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [16547/07]

As the Deputy may be aware, an additional sum of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This sum incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism, including the provision of additional resources towards respite care.

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

Nursing Home Charges.

Bernard J. Durkan

Question:

204 Deputy Bernard J. Durkan asked the Minister for Health and Children when repayment of nursing home charges will be refunded to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16548/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive.

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.

Nursing Home Subventions.

Bernard J. Durkan

Question:

205 Deputy Bernard J. Durkan asked the Minister for Health and Children when a review of nursing home subvention will be undertaken on behalf of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16549/07]

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. 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.

Health Services.

Bernard J. Durkan

Question:

206 Deputy Bernard J. Durkan asked the Minister for Health and Children if assistance will be given to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [16551/07]

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

Bernard J. Durkan

Question:

207 Deputy Bernard J. Durkan asked the Minister for Health and Children when an enhanced or expansion of treatment facilities will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16553/07]

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 Services.

Bernard J. Durkan

Question:

208 Deputy Bernard J. Durkan asked the Minister for Health and Children when a hospital appointment will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16554/07]

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.

Health Services.

Bernard J. Durkan

Question:

209 Deputy Bernard J. Durkan asked the Minister for Health and Children the reason orthotic prosthetic care requires a letter from the general practitioner before supplying special footwear in the case of a person (details supplied) in County Dublin in view of the fact that the items in question were already recommended by the occupational therapist; and if she will make a statement on the matter. [16555/07]

The Deputy's question relates to the management and delivery of health and personal 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.

Bernard J. Durkan

Question:

210 Deputy Bernard J. Durkan asked the Minister for Health and Children when orthodontic treatment will be offered to a person (details supplied) in County Kildare who is in urgent need of immediate treatment; and if she will make a statement on the matter. [16556/07]

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

Hospital Services.

Bernard J. Durkan

Question:

211 Deputy Bernard J. Durkan asked the Minister for Health and Children when a scan appointment at Naas Hospital will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16557/07]

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.

Health Services.

Bernard J. Durkan

Question:

212 Deputy Bernard J. Durkan asked the Minister for Health and Children when speech therapy will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16558/07]

As the Deputy may be aware, an additional sum of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This sum incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism.

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

Hospital Services.

Phil Hogan

Question:

213 Deputy Phil Hogan asked the Minister for Health and Children when public radiotherapy services at Waterford Regional Hospital will be available to patients; and if she will make a statement on the matter. [16592/07]

Brian O'Shea

Question:

303 Deputy Brian O’Shea asked the Minister for Health and Children the position regarding the provision of radiotherapy for public patients at Waterford Regional Hospital; and if she will make a statement on the matter. [17434/07]

I propose to take Questions Nos. 213 and 303 together.

The development of radiation oncology at Waterford Regional Hospital (WRH) is an integral part of the Government's National Plan for Radiation Oncology. This will be part of a major oncology development at WRH, including the provision of a 20 bed oncology day ward. It is my objective and that of the HSE to see the early delivery of the Plan in the best interests of cancer patients throughout the country. The HSE and my Department are considering options to speed up the pace of delivery. In the interim, a service level agreement was signed on 1 February between the HSE and the University of Pittsburgh Medical Centre Whitfield Clinic in County Waterford. This will support the referral of public patients for radiation oncology treatment pending the commissioning of the radiation oncology centre at WRH.

Hospital Waiting Lists.

Phil Hogan

Question:

214 Deputy Phil Hogan asked the Minister for Health and Children when a cataract operation will be arranged for a person (details supplied) in County Kilkenny in Waterford Regional Hospital; and if she will make a statement on the matter. [16593/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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.

Health Services.

Paul Kehoe

Question:

215 Deputy Paul Kehoe asked the Minister for Health and Children the reason for the delay in calling a person (details supplied) in County Wexford for dental treatment; and if she will make a statement on the matter. [16598/07]

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

Health Service Allowances.

Bernard J. Durkan

Question:

216 Deputy Bernard J. Durkan asked the Minister for Health and Children when domiciliary care allowance will be granted to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16614/07]

The Deputy's question relates to the management and delivery of health and personal 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 to the Deputy.

Medical Cards.

Dan Neville

Question:

217 Deputy Dan Neville asked the Minister for Health and Children the position regarding an appeal against decision to refuse a medical card for a person (details supplied) in County Limerick. [16618/07]

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

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

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

Hospital Services.

Michael Noonan

Question:

218 Deputy Michael Noonan asked the Minister for Health and Children if she has received the submission from mid-western Health Service Executive for the provision of a capital allocation to provide additional dialysis stations at the Mid-West Regional Hospital; if her attention has been drawn to the fact that the hospital no longer has the capacity to deal with the number of persons seeking dialysis; and if she will make a statement on the matter. [16637/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive, and specifically the National Hospitals Office, is the appropriate body to consider the particular question 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.

General Practitioner Co-operatives.

Fergus O'Dowd

Question:

219 Deputy Fergus O’Dowd asked the Minister for Health and Children if the doctor on call service in County Louth will provide a doctor based in Ardee town to deal with calls for the Ardee area; and if she will make a statement on the matter. [16641/07]

Out of hours co-operatives allow general practitioners to put in place arrangements to provide services to their patients, while their surgeries are closed in the evenings, on weekends and bank holidays. The development of GP co-operatives is in line with the overall health service policy of strengthening primary care services and ensuring that to the greatest extent possible, people's care needs are met in the primary care setting.

Out of hours co-operatives are now in place in all Health Service Executive (HSE) areas, providing coverage in all or in part of all counties. Between 2000 and 2006 approximately €139 million was allocated to the HSE for out of hours GP co-operatives. In 2007, the HSE Vote includes almost €34 million in baseline funding for these services and a further €3 million to meet the full year cost of Co-op developments commenced in 2006. These figures do not include the fees of the participating doctors.

As the Health Service Executive has the operational and funding responsibility for this service, it is the appropriate body to provide the information sought by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Hospital Waiting Lists.

Ned O'Keeffe

Question:

220 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will assist in arranging an appointment at a specific hospital in County Cork for a person (details supplied) in County Cork. [16651/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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.

Ned O'Keeffe

Question:

221 Deputy Edward O’Keeffe asked the Minister for Health and Children the reason for the ongoing delay in having an appointment arranged for a person (details supplied) in County Cork at a specific hospital. [16652/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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.

Ned O'Keeffe

Question:

222 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will arrange an admission date for a person (details supplied) in County Cork who is awaiting a hip replacement operation. [16653/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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.

Housing Aid for the Elderly.

Ned O'Keeffe

Question:

223 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will arrange to re-assess an application by a person (details supplied) in County Cork for grant aid to replace windows and doors; and if her attention has been drawn to the fact that the person’s spouse is very ill. [16654/07]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. 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 Charges.

Ned O'Keeffe

Question:

224 Deputy Edward O’Keeffe asked the Minister for Health and Children the position regarding the repayment of hospital charges in respect of a deceased person (details supplied). [16655/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. 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

Health Services.

Ned O'Keeffe

Question:

225 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will arrange for an appointment to be made in respect of a person (details supplied) in County Cork. [16656/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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.

Medical Cards.

Ned O'Keeffe

Question:

226 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will investigate an application for a medical card which has been refused in respect of a person (details supplied) in County Cork. [16657/07]

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

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

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

Compensation Schemes.

Denis Naughten

Question:

227 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 930 of 31 January 2007, the outcome of an examination into the feasibility of introducing the vaccine damage compensation scheme by the vaccine damage steering group; the number and date of meetings of the group; the membership of the group; when such a scheme will be put in place; and if she will make a statement on the matter. [16673/07]

In its report on Childhood Immunisation, the Oireachtas Joint Committee on Health and Children recommended that legislation be drawn up to provide for a no-fault National Vaccine Injury Compensation Scheme.

The Vaccine Damage Steering Group has been established to examine the issue of vaccine damage. The Group met on 13 March 2007, 17 April 2007 and 21 May 2007. The Group will meet again in early July. The membership of the Group is as follows:

Organisation

Nominee

Position

DOHC

Mr Chris Fitzgerald (Chair)

Principal, Public Health Division

Health Service Executive

Dr Darina O’Flanagan,

Director of the HPSC

Health Service Executive

Dr Brenda Corcoran

Head of National Immunisation Office

Health Service Executive

Ms Cornelia Stuart

Quality and Risk Manager — Dublin North East

Irish Medicines Board

Ms Rita Purcell

Director of Finance and Corporate Affairs

State Claims Agency

Ms Susan Moriarty

Solicitor and Deputy Head of Claims

UCD

Professor Denis Cusack

UCD School of Medicine and Medical Science

DOHC

Mr Brendan Phelan

Principal, Public Private Policy Issues and Health Insurance

DOHC

Dr Eibhlin Connolly

Deputy CMO

DOHC

Ms Caroline Sellars

Secretary to Group

The Group is committed to producing a preliminary report on its findings by end July of this year.

Community Pharmacy Services.

Denis Naughten

Question:

228 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 326 of 3 April 2007 if she will outline the progress to date; and if she will make a statement on the matter. [16675/07]

My Department and the HSE have been reviewing the pharmaceutical supply chain, with a view to seeking value for money in the State's drugs bill in order to better fund existing and innovative therapies without compromising continuity of supply or patient safety. The review of the Irish Pharmaceutical Healthcare Association (IPHA) and the Association of Pharmaceutical Manufacturers of Ireland (APMI) Agreements, with the proprietary and generic supplier representative bodies, was completed in mid-2006 and the new agreements are in place.

Following completion of the manufacturer agreements and in line with the process agreed by the Cabinet Committee on Health, the State entered talks with the wholesaler representative body, the Pharmaceutical Distributor's Federation (PDF). As wholesale margins are not addressed in the new IPHA and APMI Agreements, the State intended to negotiate direct formal arrangements with the wholesale sector, to address the cost of wholesale supply to hospital and community through fair, transparent and accountable cost structures. In particular, the State wished to examine the high margin, relative to the EU, for wholesale supply to community pharmacy and the wholesalers' claim that they supply hospitals at a loss.

Early in discussions, PDF refused to negotiate a new margin for community supply, based on its own legal advice. Subsequent advice to the HSE, confirmed by the Attorney General's office and Senior Counsel engaged by the Attorney General, indicated that, under section 4 of the Competition Act 2002, PDF as an association of undertakings may not collectively negotiate fees, prices or margins on behalf of its members. Given this position, and the fact that the Irish Pharmaceutical Union is also an association of undertakings, it is not possible for the State to negotiate with PDF or the IPU on fees or margins and such negotiations place these bodies at risk of prosecution.

The State had intended to address the review of community pharmacy, and in particular how to improve value for money and transparency and fairness in relation to service provision, through negotiation with the IPU, as it had in the past, but this is no longer possible. Accordingly, the negotiating team re-considered, in light of the legal position arising from the wholesaler legal advice, how best to address the review of pharmacy contractor services. Following consultation with the IPU, a procedure was agreed to examine available options for advancing contractual negotiations in compliance with Irish and EU competition law. This process, chaired by Mr Bill Shipsey, SC, has commenced.

The State continues to recognise the IPU as the representative body for its members, but negotiations with the Union must comply with the law. The legal issues that emerged during the wholesale sector review were raised by the wholesaler representatives. Once the State became aware of these issues, it was no longer possible to continue as intended. There is, and will continue to be, ongoing dialogue with the IPU as the representative body for pharmacists, within the constraints of the competition legislation and the negotiating team will consider, in the context of competition law and in particular the relevant Competition Authority guidelines, all available options for advancing the process agreed by the Cabinet Committee on Health. I am satisfied that the Cabinet Committee process for review of the supply of drugs to the State is progressing effectively, within the constraints of relevant legislation.

Health Services.

Denis Naughten

Question:

229 Deputy Denis Naughten asked the Minister for Health and Children the status of the planned development of a new health centre in Ballaghaderreen, County Roscommon; when the project will commence construction; and if she will make a statement on the matter. [16684/07]

The Primary Care Strategy aims to develop services in the community to give people direct access to integrated multi-disciplinary teams of general practitioners, nurses, home helps, physiotherapists, occupational therapists and others.

It has been estimated that up to 95% of people's health and social services needs can be properly met within a primary care setting and the establishment of new Primary Care Teams can contribute greatly to enhancing community based health services.

The provision of the appropriate infrastructure to facilitate the delivery of primary care services is being considered by the HSE, having regard to a number of factors. These include the type and configuration of the services involved, the mixed public/private nature of our health system, the suitability of existing infrastructure and the capital requirements of the health services generally over the coming years.

As the Health Service Executive has the operational and funding responsibility for Primary Care services, it is the appropriate body to consider the particular matter raised by the Deputy. 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.

Services for People with Disabilities.

Denis Naughten

Question:

230 Deputy Denis Naughten asked the Minister for Health and Children if she will sanction an increase to the attendance allowance to service users on rehabilitative training and sheltered work programmes in view of the fact that it has not increased since 1 June 2000; and if she will make a statement on the matter. [16686/07]

As the Deputy may be aware, responsibility for training of people with disabilities rested with the National Rehabilitation Board (NRB), prior to June 2000. Arising from the Government decision on mainstreaming of services for people with disabilities, the NRB was dissolved in June 2000 and responsibility for vocational training for people with disabilities was transferred from the Department of Health and Children to the Department of Enterprise, Trade and Employment and was vested in FÁS. Responsibility for rehabilitative training and sheltered work remained with the Department of Health and Children and the Health Boards.

Prior to June 2000, some categories of FÁS trainees, who are regarded as socially disadvantaged, e.g. travellers, lone parents, received a training bonus of £25 (€31.75) per week. This entitlement was extended by FÁS to people with disabilities in vocational training. In the interests of equity, the Department of Health and Children responded to the FÁS decision by introducing a similar payment (the rehabilitative training bonus) for rehabilitative trainees. As the Department of Health and Children's payment is linked to the FÁS payment, any consideration of a change in the rate is dependant on a prior decision being taken by FÁS to change the rate.

The Deputy's question also refers to an allowance payable to service users attending sheltered workshops. This payment, (known as a top-up payment to sheltered workers) is paid at the discretion of the service provider and is not a statutory payment. Therefore neither the Department of Health and Children nor the Health Service Executive is in a position to review such a payment.

Health Services.

Aengus Ó Snodaigh

Question:

231 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she will look into or request that the HSE intervene in the case of a person (details supplied) in Dublin City who is needing long-term care and whose family has been told that they can only be placed in a facility far away from their spouse and family, despite the fact that there is at least one facility near their home that could accommodate them. [16694/07]

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. Therefore, the Executive is the appropriate body to consider the particular 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 directly to the Deputy.

Hospital Waiting Lists.

Aengus Ó Snodaigh

Question:

232 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she will report on the waiting list numbers for each of the long-term care facilities in the greater Dublin area; the steps that have been taken to address the shortage of spaces in long term care facilities; and if she will make a statement on the matter. [16695/07]

As part of the overall investment package for the development of services for older people, my Department and the Health Service Executive (HSE) has prioritised the delivery of additional public continuing care beds through the development of community nursing units in large urban centres in both Dublin and Cork together with the expansion and the development of additional facilities across all regions. The HSE proposes to expand public capacity by 397 beds in 2007 and by 408 in 2008. The running costs in full year of this additional public capacity will be €42m.

In 2006, the HSE contracted a total of 1,050 extra beds in the private nursing home sector. A total of €28m is being allocated to cover the full year cost in 2007 of these beds. In addition, the HSE is planning to contract a further 350 beds in 2007 at a cost of €12m. 220 of these will be procured in the Greater Dublin area and 100 will be procured in HSE South.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to provide the particular details requested by the Deputy in respect of the waiting list numbers for each of the long-term care facilities in the greater Dublin area. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the information co-ordinated and to have a reply issued directly to the Deputy.

Hospital Services.

Aengus Ó Snodaigh

Question:

233 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children when the new cystic fibrosis unit in St. Vincent’s Hospital in Dublin 4 will be opened in view of the increased life expectancy of CF sufferers which will come about from the service, if it will have the capacity to deal with the potential increase in the number of CF patients and the increased use of the facilities that will be required. [16699/07]

Aengus Ó Snodaigh

Question:

234 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the findings of the Health Service Executive’s cystic fibrosis working group; when each of its recommendations will be implemented; and if she will make a statement on the matter. [16700/07]

Aengus Ó Snodaigh

Question:

235 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she has given consideration to immediately approving the upgrade of the specialist Cystic Fibrosis Unit at Cork University Hospital for adult and child CF sufferers and to accelerating the planning for the Galway University Hospital unit; and if there are plans for other regional units. [16701/07]

Aengus Ó Snodaigh

Question:

236 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she or her officials have been in contact with counterparts in the Six Counties to agree an all Ireland approach to the provision of care and treatment for patients with cystic fibrosis; if not will she initiate such contact; and if she will make a statement on the matter. [16702/07]

Aengus Ó Snodaigh

Question:

237 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the steps she has taken to address the major risk of cross-infection faced by children with cystic fibrosis attending Dublin’s paediatric hospitals, and the need for the existing facilities to be upgraded immediately to address that concern, especially in the event of MRSA in hospitals and the fatal consequences posed to CF patients from such an infection. [16703/07]

Aengus Ó Snodaigh

Question:

238 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the strategies that have been undertaken to ensure that the required staff, with the required medical expertise, is in place to address the medical needs of cystic fibrosis patients both adult and children. [16704/07]

Michael Ring

Question:

276 Deputy Michael Ring asked the Minister for Health and Children if she will release the recommendations of the Health Service Executive Cystic Fibrosis Working Group; and if she will implement them immediately. [17044/07]

Michael Ring

Question:

277 Deputy Michael Ring asked the Minister for Health and Children if she will fund the building of a national adult referral centre for people with cystic fibrosis. [17045/07]

Michael Ring

Question:

278 Deputy Michael Ring asked the Minister for Health and Children if she will approve the upgrade of facilities of the specialist cystic fibrosis centres, adult and paediatric, in a hospital (details supplied) in County Cork. [17046/07]

Michael Ring

Question:

279 Deputy Michael Ring asked the Minister for Health and Children if she will start the planning process for new cystic fibrosis centres, adult and paediatric, in a hospital (details supplied) in County Galway. [17047/07]

Michael Ring

Question:

280 Deputy Michael Ring asked the Minister for Health and Children if she will upgrade the in-patient and outpatient facilities in hospitals (details supplied) to allow effective cystic fibrosis patient isolation that will minimise cross infection. [17048/07]

Michael Ring

Question:

281 Deputy Michael Ring asked the Minister for Health and Children if she will develop the physical and human resources in all the designated specialist cystic fibrosis centres identified by the Health Service Executive Working Group. [17049/07]

Denis Naughten

Question:

319 Deputy Denis Naughten asked the Minister for Health and Children the steps she is taking to establish a cystic fibrosis unit in an acute hospital here; the reason one has not been established to date; the timetable for completion of such a project; and if she will make a statement on the matter. [17505/07]

Caoimhghín Ó Caoláin

Question:

336 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when the additional posts in cystic fibrosis service delivery, for which an additional €2 million was allocated in Budget 2007, will be filled; when hospitals will be informed that they can start the recruitment process; and if she will make a statement on the matter. [17575/07]

Caoimhghín Ó Caoláin

Question:

337 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when the findings of the Health Service Executive Working Group on Cystic Fibrosis, which sat for the last time a year ago, will be released; and if she will make a statement on the matter. [17576/07]

Caoimhghín Ó Caoláin

Question:

338 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she will give a firm commitment for the establishment of the new cystic fibrosis unit at St. Vincent’s Hospital; if appropriate interim measures will be put in place for the current patients in St. Vincent’s to prevent lengthy waits in accident and emergency units and to allow patients to be treated without fear of cross infection; and if she will make a statement on the matter. [17577/07]

I propose to take Questions Nos. 233 to 238, inclusive, 276 to 281, inclusive, 319, and 336 to 338, inclusive, together.

I acknowledge the need to develop services for persons with cystic fibrosis. I identified this as a key priority in 2006 and again in 2007. Development funding of €4.78 million was provided to the Health Service Executive (HSE) in 2006 to facilitate the recruitment of additional medical, nursing and allied health professional staff to improve services for cystic fibrosis patients. Additional funding of €2 million has been allocated this year to build on the investment provided in 2006.

I also asked the HSE to address in particular the identified deficits at the national adult referral centre at St. Vincent's University Hospital. My Department is advised by the HSE that recent interim improvements at the hospital have resulted in additional capacity for persons with cystic fibrosis. In addition, the HSE has approved the establishment of a Project Team to progress the next phase of the ongoing major capital development at St. Vincent's. A new Unit for persons with cystic fibrosis has been identified by the HSE as one of a number of priority projects to be included in the development.

In 2005, the HSE established a Working Group to undertake a detailed review of cystic fibrosis services. The Group was asked to review the current configuration and delivery of services to persons with cystic fibrosis in Ireland. The Working Group has completed its work and publication of its report is a matter for the Executive.

With regard to cross border co-operation, the HSE has advised my Department that it will review the need and demand for such a service and seek to make the necessary service arrangements where appropriate. My Department will be happy to provide any assistance in this regard if required by the Executive.

Finally, it is a matter for the Executive to manage and deploy its resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the additional service issues raised investigated and to reply directly to the relevant Deputies.

Aengus Ó Snodaigh

Question:

239 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the steps she has taken to put in pace a neo-natal screening programme to ensure the potential benefits of such screening is realised. [16705/07]

There is already a National Newborn Screening Programme in place for a number of metabolic disorders. It started in 1966 under the auspices of the National Children's Hospital, initially for Phenylketonuria (PKU) and it has been extended to include galactosaemia, homocystinuria, congenital hypothyroidism, maple syrup urine disease and most recently congenital toxoplasmosis. Parents of newborn infants are offered screening by the heelprick test between 72 and 120 hours following birth.

Vaccination Programme.

Aengus Ó Snodaigh

Question:

240 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the steps she has taken to ensure that the vaccine for pneumonococcal meningitis is available for all parents who wish their children to avail of the protection such a vaccine would give; and if she will make a statement on the matter. [16706/07]

Ireland's recommended immunisation programme is based on the guidelines of the National Immunisation Advisory Committee of the Royal College of Physicians of Ireland. These guidelines are prepared with the assistance of an active committee from associated disciplines in paediatrics, infectious diseases, general practice and public health.

The National Immunisation Advisory Committee (NIAC) has recently completed a review of our immunisation schedule and the Chief Medical Officer of my Department has received the updated guidelines. These new guidelines include two important changes — the addition of hepatitis B and pneumococcal conjugate vaccines to the schedule. I have asked my officials to liaise with the Health Service Executive with a view to ensuring a timely and effective implementation of revised programme.

Health Services.

Aengus Ó Snodaigh

Question:

241 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children when a person (details supplied) in Dublin 12 will have their house assessed by an occupational therapist for a disability grant to alter their home to cater for their spouse’s needs. [16708/07]

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

Medical Aids and Appliances.

Aengus Ó Snodaigh

Question:

242 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children when a person (details supplied) will receive their walking aids. [16709/07]

The Deputy's question relates to the management and delivery of health and personal 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.

Social Services Inspectorate Report.

Aengus Ó Snodaigh

Question:

243 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the social services inspectorate report into a facility (details supplied) in County Dublin; when the report will be published; and if she will take appropriate action on the foot of same. [16710/07]

The Ballydowd Inspection report was published on 28th May 2007.

That part of the Deputy's question regarding appropriate action to be taken on foot of the report relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive (HSE) under the Health Act 2004. The HSE have indicated that they will take full cognisance of the recommendations emanating from this report and will take any and all appropriate action.

Hospital Services.

Willie Penrose

Question:

244 Deputy Willie Penrose asked the Minister for Health and Children if she will take steps to have a person (details supplied) in County Westmeath admitted for a hip operation; and if she will make a statement on the matter. [16721/07]

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.

Willie Penrose

Question:

245 Deputy Willie Penrose asked the Minister for Health and Children if she will take steps to have a person (details supplied) in County Westmeath admitted to Cappagh Hospital; and if she will make a statement on the matter. [16722/07]

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.

Willie Penrose

Question:

246 Deputy Willie Penrose asked the Minister for Health and Children if she will take steps to have a person (details supplied) in County Westmeath provided with a bed at University College Hospital, Galway as same is required for approximately three days to enable this person to be assessed as to the benefit of new medication, which requires observation for that period; and if she will make a statement on the matter. [16723/07]

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.

Willie Penrose

Question:

247 Deputy Willie Penrose asked the Minister for Health and Children if she will take steps to have a person (details supplied) in County Westmeath immediately admitted for an appointment with a consultant orthopaedic surgeon at Tallaght Hospital; and if she will make a statement on the matter. [16724/07]

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.

John Perry

Question:

248 Deputy John Perry asked the Minister for Health and Children if there is an EEG technician in Sligo General Hospital; and if she will make a statement on the matter. [16726/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

John Perry

Question:

249 Deputy John Perry asked the Minister for Health and Children the plans in place to appoint a cardiologist in Sligo General Hospital; and if she will make a statement on the matter. [16727/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 question 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.

Health Services.

Olivia Mitchell

Question:

250 Deputy Olivia Mitchell asked the Minister for Health and Children the status of discussions between her Department and the Health Service Executive regarding provision for a health examination and treatment services for pupils attending either national or private primary schools in view of the fact that the Irish Medicines Board (Miscellaneous Provisions) Act, 2006 contains provision for the amendment of Section 66 of the Health Act, 1970 and that the Irish Medicines Board (Miscellaneous Provisions) Act, 2006 contains provisions for the amendment of the Health (Amendment) Act, 1994 to provide dental health services for children attending any primary school; and if she will make a statement on the matter. [16730/07]

The statutory position governing the eligibility of children to dental treatment under the Health Service Executive (HSE) service is Section 66 of the Health Act, 1970. Furthermore, in relation to dental services for children, the Health (Amendment) Act 1994 and the Health (Dental Services for Children) Regulations, 2000 (S.I. No. 248 of 2000) also apply. Responsibility for delivery of health services is a matter for the HSE.

The Irish Medicines Board (Miscellaneous Provisions) Act, 2006, contains provision for the amendment of Section 66 of the Health Act, 1970 to provide for a health examination and treatment service for pupils attending any primary school. The Irish Medicines Board (Miscellaneous Provisions) Act, 2006, also contains provision for the amendment of the Health (Amendment) Act, 1994 to provide dental health services to children attending any primary school. The relevant sections of the Irish Medicines Board (Miscellaneous Provisions) Act, which give legal effect to these changes were commenced on the 1st May last. My officials are currently in discussion with the Health Service Executive with a view to beginning the early roll out of this scheme.

Pension Provisions.

Bernard J. Durkan

Question:

251 Deputy Bernard J. Durkan asked the Minister for Health and Children when pension pay and lump sum will be paid in the case of a person (details supplied) in County Kildare who has not received payment except for one holiday pay cheque since October 2006; and if she will make a statement on the matter. [16765/07]

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 Health Service Executive administers the Local Government Superannuation Scheme and therefore are the appropriate organisation to address the Deputy's query. 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.

Hospital Accommodation.

Seán Barrett

Question:

252 Deputy Seán Barrett asked the Minister for Health and Children her proposals for the future of a hospital (details supplied) in County Dublin; if she proposes to dispose of any part or all of the hospital grounds or car parking areas; the rationale behind such a proposal; the estimated time-frame involved; and if she will make a statement on the matter. [16782/07]

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.

Parliamentary Questions.

Michael Ring

Question:

253 Deputy Michael Ring asked the Minister for Health and Children the reason a parliamentary question (details supplied) which was asked on 2 March 2007 was not responded to until 18 May 2007. [16837/07]

My Department has asked the Parliamentary Affairs Division of the Health Service Executive to investigate the reason behind the time it took to issue a reply to the Deputy in this case and inform the Deputy of the position in relation to this question.

Health Service Staff.

Michael Ring

Question:

254 Deputy Michael Ring asked the Minister for Health and Children the reason there is no dentist in a town (details supplied) in County Mayo. [16850/07]

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

Medical Aids and Appliances.

Michael Ring

Question:

255 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be provided with a trike as recommended by the occupational therapy services. [16851/07]

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

Health Repayment Scheme.

Michael Ring

Question:

256 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive their payment under the health repayment scheme. [16852/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. 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.

Health Services.

Michael Ring

Question:

257 Deputy Michael Ring asked the Minister for Health and Children the position between the Irish Dental Association members and the Health Service Executive regarding the dental treatment service scheme; the progress made in resolving this dispute; and if she will make a statement on the matter. [16896/07]

The Dental Treatment Service Scheme (DTSS) provides for a range of dental services for adult medical card holders from participating dentists holding contracts with the Health Service Executive (HSE).

The DTSS Review Group was established in May 2006 to undertake a comprehensive review of Primary Care Oral Health Services provided under the DTSS. Represented on the Review Group are the HSE, the Health Service Employers Agency, the Department of Health and Children, the Department of Social and Family Affairs, the Department of Finance and the Irish Dental Association (IDA). The Group is chaired by Mr. Finbar Flood.

Since the Group was established, a legal issue has arisen with regard to the Competition Act 2002 as it relates to the negotiation of professional fees. The issues involved are complex and my officials are working with the Attorney General's office to clarify the way forward. In the meantime I have indicated to the I.D.A. that I am prepared to meet them to listen to their concerns.

Grant Payments.

Michael Ring

Question:

258 Deputy Michael Ring asked the Minister for Health and Children if there is a payment or financial help available to persons (details supplied) in County Mayo. [16897/07]

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

Hospitals Building Programme.

Frank Feighan

Question:

259 Deputy Frank Feighan asked the Minister for Health and Children the progress in relation to the building programme for the Community Hospital in Ballinamore, County Leitrim; and if she will make a statement on the matter. [16914/07]

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. 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 Accommodation.

Pat Breen

Question:

260 Deputy Pat Breen asked the Minister for Health and Children if she will facilitate a meeting with all elected representatives in County Clare to discuss the future of Ennis General Hospital (details supplied); and if she will make a statement on the matter. [17002/07]

Following my re-appointment as Minister for Health and Children, I have received many requests for meetings from various groups. It is my intention to meet with Ennis Town Council and my office will be in touch with the Council to schedule this meeting on a suitable available date.

Health Services.

Pat Breen

Question:

261 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated with an occupational therapist assessment; and if she will make a statement on the matter. [17004/07]

Pat Breen

Question:

269 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will receive an appointment for an occupational therapist; and if she will make a statement on the matter. [17012/07]

I propose to take Questions Nos. 261 and 269 together.

The Deputy's questions relate to the management and delivery of health and personal 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 these matters investigated and to have a reply issued directly to the Deputy.

Nursing Home Subventions.

Pat Breen

Question:

262 Deputy Pat Breen asked the Minister for Health and Children when an increase in subvention for a person (details supplied) in County Clare will be put in place; and if she will make a statement on the matter. [17005/07]

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. Therefore, the Executive is the appropriate body to consider the particular 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 directly to the Deputy.

Pat Breen

Question:

263 Deputy Pat Breen asked the Minister for Health and Children further to Parliamentary Question No. 168 of 25 April 2007, when an increase in subvention for a person (details supplied) in County Clare will be put in place; and if she will make a statement on the matter. [17006/07]

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. Therefore, the Executive is the appropriate body to consider the particular 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 directly to the Deputy.

Housing Aid for the Elderly.

Pat Breen

Question:

264 Deputy Pat Breen asked the Minister for Health and Children when an application for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [17007/07]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. 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 Services.

Pat Breen

Question:

265 Deputy Pat Breen asked the Minister for Health and Children the reason an appointment for surgery for a person (details supplied) in County Clare was cancelled; and if she will make a statement on the matter. [17008/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Housing Aid for the Elderly.

Pat Breen

Question:

266 Deputy Pat Breen asked the Minister for Health and Children when an application for the housing aid for the elderly for a person (details supplied) in County Clare will be processed; and if she will make a statement on the matter. [17009/07]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. 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.

Health Services.

Pat Breen

Question:

267 Deputy Pat Breen asked the Minister for Health and Children the reason a person (details supplied) in County Clare did not receive an appointment as a public patient; and if she will make a statement on the matter. [17010/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Medical Aids and Appliances.

Pat Breen

Question:

268 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated with a hearing aid; and if she will make a statement on the matter. [17011/07]

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

Question No. 269 answered with QuestionNo. 261.

Health Services.

Pat Breen

Question:

270 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated with toilet facilities; and if she will make a statement on the matter. [17013/07]

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. Therefore, the Executive is the appropriate body to consider the particular 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 directly to the Deputy.

Nursing Home Charges.

Pat Breen

Question:

271 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to a person (detail supplied) in County Clare in respect of nursing home charges; and if she will make a statement on the matter. [17014/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. 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.

Health Services.

Pat Breen

Question:

272 Deputy Pat Breen asked the Minister for Health and Children if a person (details supplied) in County Clare will be facilitated with rehabilitation; and if she will make a statement on the matter. [17015/07]

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

Nursing Home Charges.

Pat Breen

Question:

273 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to a person (details supplied) in County Clare in respect of nursing home charges; and if she will make a statement on the matter. [17016/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. 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.

Hospital Waiting Lists.

Pat Breen

Question:

274 Deputy Pat Breen asked the Minister for Health and Children the reason a person (details supplied) in County Clare has to wait 20 weeks for an appointment; and if she will make a statement on the matter. [17019/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Hospital Services.

Pat Breen

Question:

275 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated with an appointment for cataract surgery; and if she will make a statement on the matter. [17020/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Questions Nos. 276 to 281, inclusive, answered with Question No. 233.

Health Service Staff.

Michael Ring

Question:

282 Deputy Michael Ring asked the Minister for Health and Children if the minimum internationally recommended specialist medical staff levels will be reached by 2008. [17050/07]

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 its Annual 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 directly to the Deputy.

Services for People with Disabilities.

Richard Bruton

Question:

283 Deputy Richard Bruton asked the Minister for Health and Children if her attention has been drawn to the fact that a home (details supplied) cannot provide residential placement for families who are stressed out providing care for severely disabled clients; if her further attention has been drawn to the fact that this Deputy has brought same to her attention by way of a previous parliamentary question and that there is no accountability for the decision to allow this situation to persist; and the person who has responsibility in this situation. [17094/07]

As the Deputy may be aware, an additional sum of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This sum incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism.

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

Care of the Elderly.

Richard Bruton

Question:

284 Deputy Richard Bruton asked the Minister for Health and Children the terms of home care packages which she has established as a complementary measure to the revised nursing home care package; if she is satisfied that the terms are such that they encourage families, where possible, to provide care at home; and if she is further satisfied with the availability and access to home care packages. [17095/07]

Government policy in relation to older people is to support people to live in dignity and independence in their own homes and communities for as long as possible and, where this is not possible, to support access to quality long-term residential care. This policy approach is renewed and developed in the latest partnership agreement, Towards 2016. Home Care Packages (HCPs) which include Home Care Cash Grants are designed to

1.Support older people to continue to live in their community.

2.Reduce inappropriate admission

3.Facilitate timely discharge of older people from acute hospitals

4.Reduce pressure on A&E departments

The Health Service Executive is responsible for the operation of Home Care Packages. Referral for packages can be made by any health professional whether community or hospital based. The decision to allocate a HCP is based on the assessment of needs of the individual and the identification of any assessed needs which are not being met by mainstream services, together with consideration of the appropriateness of care in the community in the individual case. Home Care Packages are therefore an additional support over and above existing mainstream community services and are designed to enhance rather than replace existing home support services.

In 2006 a total of 2,000 extra Home Care Packages were provided at a full year cost of €55 million. A similar increase in the number of packages will be provided in 2007 and a sum of €18m will fund the cost of 0.78 million additional home help hours in 2007. On the 2nd April 2007 Section 93 of the Finance Act was signed into law exempting under certain circumstances private homecare services from VAT.

A joint working group comprising representatives of my Department and the Health Service Executive is currently examining planning the staffing requirements for future developments in relation to HCPs. It is anticipated that the group will report to Government by the end of 2007.

A Steering Committee is being set up to begin the preparatory work of evaluating the effectiveness of the additional Home Care Packages. Following the results of this evaluation my Department will be in a position to make any further decisions necessary in this area.

Bearing in mind the significant resources that have been put in place in recent times, and the measures that have been introduced or are planned to monitor HCPs, I am satisfied that this important initiative has brought significant benefits to clients and their families availing of the service and that further improvements where necessary will be introduced in the light of operational experience.

Health Services.

Olivia Mitchell

Question:

285 Deputy Olivia Mitchell asked the Minister for Health and Children if she will ensure that a person (details supplied) in Dublin 6 receives an early assessment at a language unit in order that early and intensive treatment can be given; and if she will make a statement on the matter. [17099/07]

As the Deputy may be aware, Part 2 of the Disability Act 2005, which commenced on June 1 2007 for children under 5 provides people with disabilities with an entitlement to:

An independent Assessment of health and education needs

A statement of the services (Service Statement) which it is proposed to provide, which will be prepared by a Liaison Officer

Pursue a complaint if there is a failure to provide these entitlements

Make an appeal through an independent appeals office against a recommendation of complaints officer or the non implementation of recommendation of complaints officer (by HSE or education provider)

This prioritisation reflects the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment. Part 2 will be commenced in respect of children aged 5-18 in tandem with the implementation of the EPSEN Act. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than 2011.

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

Disabled Drivers.

Bernard J. Durkan

Question:

286 Deputy Bernard J. Durkan asked the Minister for Health and Children the position regarding the appeal of an application for a primary medical certificate in the case of a person (details supplied) in County Kildare whose condition has deteriorated and who requires the certificate to qualify under the Disabled Drivers Disabled Passengers 1994 Tax Concession Regulations in order to acquire or adapt a vehicle for work purposes; and if she will make a statement on the matter. [17114/07]

The Deputy's question relates to the management and delivery of health and personal 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.

Bernard J. Durkan

Question:

287 Deputy Bernard J. Durkan asked the Minister for Health and Children if a mobility allowance will be offered to a person (details supplied) in County Kildare to assist with work related driving; and if she will make a statement on the matter. [17115/07]

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

Health Services.

Bernard J. Durkan

Question:

288 Deputy Bernard J. Durkan asked the Minister for Health and Children when a review of eligibility for a primary medical certificate will take place in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [17116/07]

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

Nursing Home Charges.

Jack Wall

Question:

289 Deputy Jack Wall asked the Minister for Health and Children the position of an application by a person (details supplied) in County Kildare for repayment under the health repayment scheme; and if she will make a statement on the matter. [17126/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. 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

Disabled Drivers.

John Perry

Question:

290 Deputy John Perry asked the Minister for Health and Children when a decision will be made on the motorised transport grant for a person (details supplied) in County Sligo in view of their circumstances; and if she will make a statement on the matter. [17132/07]

The Deputy's question relates to the management and delivery of health and personal 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.

Services for People with Disabilities.

Róisín Shortall

Question:

291 Deputy Róisín Shortall asked the Minister for Health and Children the reason for the delay in transferring residents of a centre (details supplied) in County Westmeath to the newly refurbished community houses which have been vacant and available for a considerable time; and the time-scale for these transfers to take place. [17135/07]

As the Deputy may be aware, as part of the Government's multi-annual investment programme for the period 2006-2009, a commitment has been made to provide €2 million each year over the duration of the programme to cover the cost of additional staffing needed in order to transfer persons with intellectual disabilities/ autism from psychiatric hospitals and other inappropriate placements.

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

Health Service Staff.

Ciaran Lynch

Question:

292 Deputy Ciarán Lynch asked the Minister for Health and Children the staffing levels of public health nurses in the Cork City region; if public health nurses are rostered for weekends; and if they are on duty at weekends. [17139/07]

The numbers of doctors, nurses and other healthcare professionals employed in the public health system have increased significantly in recent years, in tandem with the high level of investment in the development in new services. In December 2006, a revised employment ceiling for the health service of 108,000 expressed in whole time equivalents was sanctioned, representing an increase of 10,450 over the previous approved ceiling.

There has also been a substantial expansion of training places available at undergraduate level across a range of healthcare professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services 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 its Annual 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 directly to the Deputy.

Hospital Services.

Michael Ring

Question:

293 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo can expect to be called for an appointment. [17147/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Health Services.

Pat Breen

Question:

294 Deputy Pat Breen asked the Minister for Health and Children when funding will be made available for a dementia unit at a nursing home (details supplied) in County Clare; and if she will make a statement on the matter. [17196/07]

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 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 directly to the Deputy.

Hospital Services.

Alan Shatter

Question:

295 Deputy Alan Shatter asked the Minister for Health and Children her plans with regard to St. Luke’s Hospital, Rathgar; and if she intends to end the excellent patient services currently provided by the hospital. [17237/07]

The Government's policy on radiation oncology is based on the Report on ‘The Development of Radiation Oncology Serves in Ireland'. The Report was prepared by a multi-disciplinary group of experts in radiation oncology, medical oncology, public health and palliative care, including significant expertise from St. Luke's Hospital and the Irish Cancer Society. The Report has had significant international endorsement from such bodies as the US National Cancer Institute and the American Cancer Society. The Report recommended that there should be two radiation oncology treatment centres located in the Eastern region, one serving the southern part of the region and adjacent catchment areas and one serving the northern part of the region and adjacent catchment areas. A detailed request for proposals issued to six hospitals in Dublin in June 2004 and an International Panel submitted its advice to me in January 2005.

The decision to transfer St. Luke's Hospital was taken by the Government in the context of this advice and its consideration of the National Plan for Radiation Oncology Services. The decision is designed to ensure that radiation oncology, one element of cancer care, is integrated with all other aspects of care, including surgery and medical oncology. This is in line with best international practice. I am convinced that this model will provide better patient centred treatment with improved quality of service and outcome for patients. The Board of St. Luke's Hospital and its Executive Management Team are fully committed to supporting the Government's decision in relation to the development of radiation oncology. A transfer on similar lines took place last year in Northern Ireland when radiation oncology services transferred to Belfast City Hospital, a major academic teaching hospital.

In progressing the transfer, I will build on the expertise and ethos of St. Luke's. I have ensured that experts at St. Luke's are centrally involved in the planning and delivery of the National Plan. The plan consists of large centres in Dublin (at Beaumont and St. James's Hospitals), Cork and Galway and two integrated satellite centres at Waterford Regional Hospital and Limerick Regional Hospital. The Chief Executive at St. Luke's will lead the management team of the new facility at St. James's. I also appointed the Chairman of St. Luke's to chair a National Radiation Oncology Oversight Group which is advising me on progress on the implementation of the plan.

Discussions on transfer, facilitated by the HSE, are taking place involving the Chief Executives of both hospitals. A working group is in place to develop close working relationships and ensure a smooth transition. In addition and in recognition of the role for St. Luke's in the new facility at St. James's, I will pursue discussions with the Boards of both Hospitals about its governance and a re-configuration of the Boards. The twin goals are to ensure continuity of expertise and ethos in the care of cancer patients and the effective integration of multi-disciplinary patient care at the one site.

Health Services.

Pat Breen

Question:

296 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated with an appointment for chiropody and podiatry; and if she will make a statement on the matter. [17363/07]

There is no statutory obligation on the Health Service Executive (HSE) to provide chiropody services to GMS patients; however in practice arrangements are made to provide these services. Before the establishment of the HSE the nature of the arrangements for chiropody and the level of service provided was a matter for individual health boards and so a degree of variation in practice developed over time. Priority is usually given to certain groups of people, including people who are medical card holders aged 65 years and over. In several regions the service is provided by private chiropodists by arrangement with the HSE.

My Department is currently preparing legislation to clarify and update existing legislation on eligibility for health and personal social services. The Bill will define specific health and personal services more clearly; define who should be eligible for what services; set out clear criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework.

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

John Deasy

Question:

297 Deputy John Deasy asked the Minister for Health and Children the reason chiropody services have been withdrawn from pensioners in Waterford; the counties where the Health Service Executive has made this service available; if there is uniformity throughout the HSE on the provision of such services; and if she will make a statement on the matter. [17386/07]

There is no statutory obligation on the Health Service Executive (HSE) to provide chiropody services to GMS patients; however in practice arrangements are made to provide these services. Before the establishment of the HSE the nature of the arrangements for chiropody and the level of service provided was a matter for individual health boards and so a degree of variation in practice developed over time. Priority is usually given to certain groups of people, including people who are medical card holders aged 65 years and over. In several regions the service is provided by private chiropodists by arrangement with the HSE.

My Department is currently preparing legislation to clarify and update existing legislation on eligibility for health and personal social services. The Bill will define specific health and personal services more clearly; define who should be eligible for what services; set out clear criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework.

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

Health Service Charges.

Bernard J. Durkan

Question:

298 Deputy Bernard J. Durkan asked the Minister for Health and Children the basis on which her Department expects to lay claim in the residue of a traffic accident award made in 1964 in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [17389/07]

Under the Health (Amendment) Act 1986 the Health Service Executive may impose charges on all patients for treatment arising out of injuries sustained in road traffic accidents where compensation is subsequently payable. The Act does not withdraw eligibility for public hospital services from road traffic accident victims, but allows the Health Service Executive to recover the costs of all services provided to them. As I have insufficient information in relation to this specific case, I have asked the HSE to investigate this matter and I will reply to the Deputy once I have received the necessary information from the HSE.

Health Services.

Bernard J. Durkan

Question:

299 Deputy Bernard J. Durkan asked the Minister for Health and Children if home help or a suitable alternative can or will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [17390/07]

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. 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.

Medical Cards.

Bernard J. Durkan

Question:

300 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [17391/07]

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

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

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

Mental Health Services.

Róisín Shortall

Question:

301 Deputy Róisín Shortall asked the Minister for Health and Children if her attention has been drawn to the chronic lack of psychiatric and psychological services for teenagers under 18 years and the fact that the only services available to this category are adult services; the way the delineation of services in terms of age is organised; if gaps exist in service provision; the number of whole-time equivalent psychologists and psychiatrists allocated to public services; the number of these that are vacant expressed in whole-time equivalent terms; when the adequacy of such services was last reviewed; and her plans to expand services, and in particular the plans to expand services for minors. [17427/07]

The Report of the Expert Group on Mental Health Policy, entitled "A Vision for Change", was published in January 2006. It provides a framework for action to develop a modern, high quality mental health service over a 7 to 10 year implementation timeframe. "A Vision for Change" acknowledges gaps in the current provision of child and adolescent mental health services and makes several recommendations for the further improvement of these services. The report recommends that child and adolescent mental health services should provide mental health services to all aged 0-18 years.

An audit of child and adolescent mental health teams was carried out by the Health Service Executive in March 2007. At this time there was 45.6 whole time equivalent consultant psychiatrists and 48.04 whole time equivalent clinical psychologists on these teams. There were 3.66 whole time equivalent consultant psychiatrist vacancies and 12 whole time equivalent clinical psychologist vacancies. It is important to note that multidisciplinary child and adolescent mental health teams also include registrars, social workers, occupational therapists, nurses, childcare workers, other therapists and administrative support staff.

In 2006, €3.25 million was provided for the enhancement of child and adolescent services including the development of eight new multidisciplinary teams. A further €7.95 million has been provided in 2007 to significantly improve both community and hospital based services and facilitate the provision of early intervention services. The multidisciplinary nature of existing child and adolescent mental health teams will be enhanced and a further eight new teams will be developed in 2007.

Pharmacy Regulations.

Róisín Shortall

Question:

302 Deputy Róisín Shortall asked the Minister for Health and Children the rules regarding the quantity of prescription tablets that are permitted for dispensing by licensed chemists; if there is a reason that these are normally sold in packs of 28 rather than a full month’s supply; and if she will make a statement on the matter. [17428/07]

There is no legislation that specifically deals with the quantity of prescription tablets that are permitted for dispensing by licensed chemists. The standard industry practice across Europe is for prescription tablets to be packaged in sizes of 28 as this number has been found to be the most convenient for patients.

Question No. 303 answered with QuestionNo. 213.

Hospital Waiting Lists.

Bobby Aylward

Question:

304 Deputy Bobby Aylward asked the Minister for Health and Children the reason for the delay in having an outpatient appointment arranged for a person (details supplied) in County Kilkenny. [17435/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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.

Nursing Home Subventions.

Richard Bruton

Question:

305 Deputy Richard Bruton asked the Minister for Health and Children the date on which the new terms for nursing home subvention will come into force in 2008; the arrangements she is putting in place to review cases where nursing home subvention has been refused in the past; if past payments in these cases will be given recognition in calculation when the 15% property threshold has been reached; and if she will make a statement on the matter. [17449/07]

The new nursing home support scheme "A Fair Deal" is due to come into effect on 1 January 2008. The scheme will require new legislation. In the interim, as of 1 January 2007 there are no longer three separate rates for subvention. Persons who apply may receive any amount up to a maximum of €300 per week. Persons who are already in receipt of subvention may re-apply to the HSE as they may now be eligible for an increased payment. Persons who have previously been refused a subvention may also re-apply to the HSE as they may now be eligible for a payment.

Furthermore, in reviewing all cases, the HSE will ensure that income is only imputed from the principal private residence for the first three years of a person's stay in a nursing home from the date of admission. This means applicants who may have been refused subvention in the past may benefit from the 15% cap on imputation of income from the principal private residence.

Nursing Home Charges.

Michael Ring

Question:

306 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be refunded the money owed to them under the national repayment scheme. [17450/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. 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.

Hospital Services.

Caoimhghín Ó Caoláin

Question:

307 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the discussions she has had with the Health Service Executive regarding the implementation of the Teamwork Report proposals which would see further loss of services in Monaghan, Dundalk and Navan hospitals; and if she will make a statement on the matter. [17452/07]

I am familiar with the approach being adopted by the Health Service Executive in seeking to improve safety and standards across the acute hospital network in the North East Region, having regard to the issues raised in the Teamwork Management Services Report — "Improving Safety and Achieving Better Standards — An Action Plan for Health Services in the North East".

The Teamwork Report includes a number of recommendations to improve patient care in the region. It particularly highlights the need to develop a high quality, responsive emergency and planned service, in line with international standards. It recommends that there be one major regional hospital in the North East, supported by the five existing local hospitals. The new hospital is to provide emergency and trauma services on a 24 hour basis and also provide planned specialist procedures that are complex and require the facilities of a large regional hospital.

The hospital reconfiguration process is being overseen by the HSE Steering Group which is leading the project. A sub-committee of the Steering Group was established to progress the issue of site selection for the new regional hospital. Following a tendering process, the HSE appointed consultants to carry out an independent site location study. The study, which the HSE expects to be finalised in August, will take account of various criteria including demographics, access, planning and development considerations and interdependencies.

The first step in the development of a fully integrated regional health service is to ensure that the people of the North East have local access to both routine planned care and immediate life saving emergency care. Over the next few years, in preparation for all acute emergency in-patient care and complex planned care being provided at a regional centre, services at the existing five hospitals will continue to be improved. My Department has been advised that the existing hospitals will continue to provide services which meet the majority of health needs of the community.

The HSE has given me an assurance that, in progressing the implementation of the Teamwork Report, there will be no discontinuation of existing services until suitable alternative arrangements have been put in place.

Medical Cards.

Caoimhghín Ó Caoláin

Question:

308 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the changes in medical card income qualification guidelines she proposes to make; and if she will make a statement on the matter. [17453/07]

Since the beginning of 2005 the medical card assessment guidelines have been increased by a cumulative 29%. Other significant changes which I have introduced are that applications are now considered on the basis of income net of tax and PRSI and allowance is made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work. In June 2006, I agreed with the Health Service Executive (HSE) a further adjustment to the assessment guidelines for GP visit cards and these are now 50% higher than those used in respect of medical cards.

In assessing eligibility, the HSE uses national guidelines to assess people's means, which includes their income, certain allowable outgoings and the effect of other factors which may impact on people's ability to meet the cost of GP services. Under the assessment arrangements, persons whose sole income is derived from Department of Social and Family Affairs payments or HSE payments, even if these exceed the assessment guidelines, qualify for a medical card.

Since January 2005 to June 2007 an additional 166,591 people have free access to GP services. This figure consists of an additional 98,383 people with a medical card and a further 68,208 people with a GP visit card. I have no immediate plans to change the guidelines used in the assessment process. My Department and the HSE monitor on an ongoing basis the number of medical cards and GP visit cards, and the need for changes to the guidelines is kept under review, having regard to factors such as changes in income levels generally, the nature of typical household outgoings and also changes to the various social welfare schemes.

Hospital Staff.

Caoimhghín Ó Caoláin

Question:

309 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the progress which has been made on the renegotiation of the hospital consultants’ contract since the dissolution of the 29th Dáil; and if she will make a statement on the matter. [17454/07]

The independent chairman of the negotiations, Mr. Mark Connaughton SC., has put forward proposals for a Framework Agreement between the employing authorities in the health service and consultants. I have recently met with the organisations representing the consultants, the Irish Hospital Consultants Association and the Irish Medical Organisation, and both organisations expressed their willingness to resume talks within the context of the chairman's proposed framework. I have also met with Mr Connaughton and I am hopeful that the talks process will be concluded by early Autumn.

Health Services.

Caoimhghín Ó Caoláin

Question:

310 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she will ensure increased resources for the National MRSA reference laboratory in view of the endemic nature of MRSA in hospitals here; and if she will make a statement on the matter. [17455/07]

Tackling Healthcare Associated Infections (HCAIs) including MRSA is a priority for the Government and for the Health Service Executive (HSE). The National MRSA Reference Laboratory is operated by St. James's Hospital. 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 health services, including funding for St. James's Hospital, has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Accident and Emergency Services.

Caoimhghín Ó Caoláin

Question:

311 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she has received the report of the Irish Association of Emergency Medicine Health and Safety Standards for Irish accident and emergency departments; and if she will make a statement on the matter. [17456/07]

I have not received a copy to date of the report referred to by the Deputy.

Departmental Offices.

Caoimhghín Ó Caoláin

Question:

312 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the arrangements within her Department for liaison with the Minister for Health, Social Services and Public Safety in the Six Counties; and if she will make a statement on the matter. [17457/07]

The Research, EU and International Unit in my Department has responsibility for overseeing and coordinating North/South co-operation in the health sector and for direct liaison with the Department of Health, Social Services and Public Safety (DHSS&PS). There is regular on-going contact between officials from the Unit and their counterparts in the DHSS&PS to ensure that co-operation continues in the designated areas and to explore further potential areas for co-operation.

Health Services.

John Perry

Question:

313 Deputy John Perry asked the Minister for Health and Children if she will intervene on behalf of a person (details supplied) in County Sligo and have them called for their treatment in Galway; and if she will make a statement on the matter. [17460/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive 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 question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

John Perry

Question:

314 Deputy John Perry asked the Minister for Health and Children when speech and language therapy will become available for a person (details supplied) in County Sligo as an adult on a continuous basis. [17463/07]

As the Deputy may be aware, an additional sum of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This sum incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism.

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

Hospital Services.

John Perry

Question:

315 Deputy John Perry asked the Minister for Health and Children if she will intervene with the Bon Secours Hospital, Galway on behalf of a person (details supplied) in County Sligo; and if she will make a statement on the matter. [17464/07]

The Bon Secours Hospital, Galway, is a private hospital. The Minister and the Health Service Executive has no responsibility in relation to the operation of the hospital, accordingly, it is suggested that Mr Murtagh contact the hospital directly.

Health Repayment Scheme.

Bernard Allen

Question:

316 Deputy Bernard Allen asked the Minister for Health and Children the reason the health service’s health repayment scheme have refused a claim made by a person (details supplied) in County Cork. [17465/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. 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.

Hospital Services.

Michael Ring

Question:

317 Deputy Michael Ring asked the Minister for Health and Children if a person (details supplied) in County Mayo will be assisted with regard to their travel and accommodation costs and so on while obtaining hospital treatment in another EU country; the help available in this regard; and if she will make a statement on the matter. [17473/07]

Regulation (EC) 1408/71 makes provision for patients covered by the health care system of one member state to be referred to another member state for treatment at the cost of the home state. Where such a referral is made, Form E112 is issued accordingly by the HSE and is confirmation that the HSE will bear the cost of the treatment. Under the Regulation, there is no obligation on the HSE to meet the cost of travel and accommodation but the HSE may at its discretion provide assistance where necessary. 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 have the matter examined and to have a reply issued directly to the Deputy.

Health Repayment Scheme.

James Bannon

Question:

318 Deputy James Bannon asked the Minister for Health and Children the steps she will take to expedite payment under the national repayment scheme to elderly widows or widowers of deceased persons whose money was taken unlawfully, but are denied recompense due to priority being given to affected persons who are still living; and if she will make a statement on the matter. [17503/07]

The health repayment scheme was launched in August 2006 and is administered by the Health Service Executive (HSE) in conjunction with the appointed Scheme Administrator KPMG/McCann Fitzgerald.

The position at 15th June, 2007 was that 3,200 offers of repayment, with a value of approximately €60m have been issued by the scheme administrator. Arising from these offers approximately 1,800 repayments with a value of approximately €38m have been made to date. This rate of repayment is lower than had been projected. I understand from the HSE that this is due to a number of factors including the legal and technical requirements, a high level of deficiencies in the application forms submitted to the scheme administrator and complexities in the operation of the probate process.

In accordance with the Health (Repayment Scheme) Act 2006 priority has been given to repaying living applicants as they were most immediately affected. However, the repayments to estates has now commenced. In relation to elderly widows or widowers of deceased persons and the priority that should be given to their claims, the HSE has put additional resources in place to encourage both the completion of application forms for clients in vulnerable client groups and to ensure that these claims (in particular where there is an elderly spouse who could benefit) are processed as quickly as possible.

The HSE is monitoring the operation of the repayment scheme and has agreed a range of initiatives with the scheme administrator to speed up the repayment process. The closing date for receipt of applications is 31st December 2007 and I have been informed by the HSE that final repayments should be made by mid 2008.

Question No. 319 answered with QuestionNo. 233.

EU Directives.

Denis Naughten

Question:

320 Deputy Denis Naughten asked the Minister for Health and Children if she plans to give Irish pharmacists the same rights of establishment in other EU countries as pharmacists from other Member States have here; and if she will make a statement on the matter. [17506/07]

Many EU States continue to operate some form of restriction on entry to the pharmacy profession, and under EU Directive 85/433/EEC they are within their rights to do so. The initiative for the removal of these restrictions rests with the EU Commission and I would support any moves which the Commission may make in this regard.

With respect to Ireland, the Pharmacy Act 2007 will remove the restriction on pharmacists educated in other EU or EEA countries from owning, managing or supervising a pharmacy in Ireland that is less than three years old — the derogation under Article 2.2 of Council Directive 85/433/EEC. My motivation in removing this "derogation" was to facilitate the many Irish pharmacy graduates who, because of the shortage of pharmacy undergraduate places available in the State, went abroad to train. On their return these graduates found that they were at a disadvantage to their Irish trained colleagues in not being able to establish a new pharmacy business, having instead to confine themselves to ones which had already been in operation for at least 3 years, a situation that was clearly unfair and unsustainable.

Health Repayment Scheme.

Denis Naughten

Question:

321 Deputy Denis Naughten asked the Minister for Health and Children when a person (details supplied) in County Roscommon will receive the nursing home repayment due to them; the reason for such a delay; and if she will make a statement on the matter. [17508/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. 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.

Health Service Staff.

Jimmy Deenihan

Question:

322 Deputy Jimmy Deenihan asked the Minister for Health and Children if the necessary resources will be made available to the Health Service Executive to provide a nurse at St. Mary of the Angels, Beaufort; and if she will make a statement on the matter. [17519/07]

The numbers of doctors, nurses and other health care professionals employed in the public health system have increased significantly in recent years, in tandem with the high level of investment in the development in new services. In December 2006, a revised employment ceiling for the health service of 108,000 expressed in whole time equivalents was sanctioned, representing an increase of 10,450 over the previous approved ceiling. There has also been a substantial expansion of training places available at undergraduate level across a range of health care professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services 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 its Annual 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 directly to the Deputy.

Hospital Services.

Róisín Shortall

Question:

323 Deputy Róisín Shortall asked the Minister for Health and Children when a person (details supplied) in Dublin 9, will receive an appointment date for surgery at the Mater Hospital in order to have stents inserted; and if she will make a statement on the matter. [17520/07]

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.

Health Services.

Jack Wall

Question:

324 Deputy Jack Wall asked the Minister for Health and Children the number of applicants on the waiting list for dental treatment within the Health Service Executive in County Kildare; the number of dentists employed by the HSE; if there are vacancies within the HSE for dentists within the specified area; the waiting period for treatment within the area; and if she will make a statement on the matter. [17528/07]

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

Jack Wall

Question:

325 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will be given a dental appointment in view of the fact that the person has been one and a half years on the waiting lists for such an appointment; and if she will make a statement on the matter. [17529/07]

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

Pat Breen

Question:

326 Deputy Pat Breen asked the Minister for Health and Children the reason subvention for a person (details supplied) in County Clare was substantially reduced; and if she will make a statement on the matter. [17532/07]

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. 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.

Foreign Adoptions.

Róisín Shortall

Question:

327 Deputy Róisín Shortall asked the Minister for Health and Children the whole time equivalent number of social workers devoted to the assessment of foreign adoption applicants in each of the Health Service Executive areas; the percentage of social workers devoted to assessment in each of these areas; the average waiting period for applicants in each of these areas; and the steps she is taking to reduce the waiting period. [17538/07]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive (HSE) under the Health Act 2004. Accordingly, my Office 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.

The Government has allocated additional funding to the HSE in recent years to assist in tackling inter-country adoption waiting times. The HSE has been assessing the provision of services in the context of moving from the health board system to a single executive. It has acknowledged that there is a divergence in the provision of services and is committed to addressing those differences.

The Deputy will be aware that demands for assessment for inter-country adoption are continuously increasing. It should be noted that consequent on the increased number of children coming from abroad, there is also a new and increasing demand for post-adoption reports for sending countries. These are also being undertaken by HSE social work staff. In a number of areas, the HSE have increased capacity through contract arrangements with non-statutory agencies with appropriate expertise. Officials from my office are currently engaged in discussions with the HSE to explore these and other strategies to increase capacity across the country.

Medicinal Products.

Róisín Shortall

Question:

328 Deputy Róisín Shortall asked the Minister for Health and Children if she will seek a detailed explanation from the Health Service Executive as to the reason a medication (details supplied) was withdrawn from the market here before a replacement was available; the number of days that elapsed before an alternative was available on the Irish market; if her attention has been drawn to the life-threatening implications of such a decision for users who were left with no alternative medication as a result of the decision; the procedures and criteria applying to decisions on the withdrawal of licences; if she will ensure that future decisions on medications are made with due consideration to the alternatives and lack of them for dependent users; and the licensed medication available on the market here for users who require non-steroid forms of tilade. [17539/07]

There is a common list of reimbursable medicines for the General Medical Services and Drug Payment schemes. This list is reviewed and amended monthly, as new products become available and deletions are notified. For an item to be reimbursed, it must comply with published criteria, including authorisation status as appropriate, price and, in certain cases, the intended use of the product. In addition, the product should ordinarily be supplied to the public only by medical prescription and should not be advertised or promoted to the public. Products are considered for reimbursement on application by a supplier.

Under Clause 9.1 of the agreement recently negotiated between the Irish Pharmaceutical Healthcare Association and the Health Service Executive on the supply terms, conditions and prices of medicines supplied to the health services, manufacturers, importers or their agents, who experience foreseeable or prolonged stock shortages, or the possibility of such shortages, must notify the HSE as soon as they become aware of the problem. Furthermore, the supplier shall endeavour to source, within the notice period, an alternative supply.

In this particular instance the manufacturer concerned notified the Health Service Executive in a notice dated 15 February 2007 that supplies of Tilade were in short supply. It was the company's intention to replace the Tilade with a CFC free version of the product. However, due to unforeseen administrative difficulties the CFC free version of this product will not, according to the company, become widely available until July. I understand that the manufacturer concerned has undertaken to source an alternative supply of this product and make it available for patients who require it. Cromogen was removed from the common list of reimbursable drugs and medicines at the request of the manufacturer.

Health Services.

Brian O'Shea

Question:

329 Deputy Brian O’Shea asked the Minister for Health and Children her views on the fact that newly diagnosed diabetic patients can wait up to two years before they see a specialist doctor; her proposals in this regard; and if she will make a statement on the matter. [17540/07]

Brian O'Shea

Question:

330 Deputy Brian O’Shea asked the Minister for Health and Children her views on the fact that 250,000 people here have impaired glucose tolerance, pre-diabetes, of which 50% will develop diabetes in the next five years if lifestyle changes are not made; and if she will make a statement on the matter. [17541/07]

Brian O'Shea

Question:

331 Deputy Brian O’Shea asked the Minister for Health and Children her views on whether the estimated €370,000 spent on prevention which is less that 1% of the estimated €580 million spent on diabetes treatment here in 2006 is inadequate; her proposals in this regard; and if she will make a statement on the matter. [17542/07]

I propose to take Questions Nos. 329 to 331, inclusive, together.

An Expert Advisory Group on Diabetes was recently established by the HSE and is currently drawing up standards of care for diabetes. This process will take account of the Department of Health and Children's document "Diabetes: Prevention and Model for Patient Care". The group has identified as one of its priorities the development of an Integrated Care Model for the treatment of Diabetes. This model will focus on the joint participation of hospital consultants and general practitioners in the planned delivery of care for patients. The Expert Advisory Group has also identified the other areas of diabetes care that need priority attention such as retinopathy screening, pediatric diabetes, patient education and empowerment, and podiatry. It should be noted that the diabetic retinopathy screening to prevent eye diseases in diabetes sufferers is currently being rolled out in the Western region and in North Dublin.

In addition my Department and the HSE are currently finalising a series of measures to manage the health impacts of chronic disease generally in the population. These measures include:—

The development of a comprehensive, integrated chronic disease policy framework which will view chronic disease as a continuum with "upstream" action on the avoidable cause of disease, disability and premature death (including in particular inter-sectoral action to address the wider determinants of health) as well as "downstream" action to improve the health and quality of life of those already suffering from the condition;

Comprehensive patient registration systems;

The development of shared care models for each condition under a disease management programme;

The development and use of evidence-based clinical guidelines for each condition;

A Self-Care Management Programme; and

Quality assurance and evaluation Protocols.

In Budget 2007, €4 million was approved for the funding of Chronic diseases and an additional €1 million to be given in 2008. This funding includes the prevention and treatment of diabetes.

The remaining issues raised in the Deputy's questions relate 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.

Hospital Services.

Brian O'Shea

Question:

332 Deputy Brian O’Shea asked the Minister for Health and Children the position regarding the provision of palliative beds at Waterford Regional Hospital; and if she will make a statement on the matter. [17543/07]

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. 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.

Health Services.

Emmet Stagg

Question:

333 Deputy Emmet Stagg asked the Minister for Health and Children if additional speech and language therapists have been successfully recruited to the service in County Kildare. [17568/07]

There has been a growing demand for, and investment in, therapy services over the last number of years. A particular priority for this Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates. Training places for speech and language therapists have increased by 320% (from 25 to 105) while the number of speech and language therapists employed in the public health service has increased by 130% (from 282 to 649) since 1997.

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 its Annual 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 directly to the Deputy.

Emmet Stagg

Question:

334 Deputy Emmet Stagg asked the Minister for Health and Children the present waiting times for optical tests for children in Maynooth and Naas Health Centres in County Kildare. [17570/07]

Child health examinations are provided by the Health Service Executive (HSE) to children under 6 years of age and children attending national school in accordance with Section 66 of the Health Act, 1970. Under Section 67 of that Act, such children are eligible for HSE ophthalmic services in respect of problems noted at child health examinations.

As the Health Service Executive has the operational and funding responsibility for Primary Care services, it is the appropriate body to consider the particular matter raised by the Deputy. 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.

Emmet Stagg

Question:

335 Deputy Emmet Stagg asked the Minister for Health and Children the present waiting time for children for hearing tests in County Kildare. [17571/07]

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

Questions Nos. 336 to 338, inclusive, answered with Question No. 233.
Question No. 339 answered with QuestionNo. 190.

Services for People with Disabilities.

Leo Varadkar

Question:

340 Deputy Leo Varadkar asked the Minister for Health and Children if she will provide funding to bring into operation newly built residential units (details supplied) in Dublin 20; and if she will make a statement on the matter. [17747/07]

As the Deputy may be aware, an additional sum of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This sum incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism.

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

Health Services.

Leo Varadkar

Question:

341 Deputy Leo Varadkar asked the Minister for Health and Children her views on whether general practitioner registrars should be afforded the status of specialist registrars; and if she will make a statement on the matter. [17748/07]

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

Hospital Services.

Leo Varadkar

Question:

342 Deputy Leo Varadkar asked the Minister for Health and Children if her attention has been drawn to the fact that Connolly Hospital in Blanchardstown, Dublin 15 is the only acute general hospital in Dublin that does not afford general practitioners direct access to routine chest x-rays, plain film lung x-rays and ultrasound; and if she will make a statement on the matter. [17749/07]

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 issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Leo Varadkar

Question:

343 Deputy Leo Varadkar asked the Minister for Health and Children her policy on general practitioner access to first-line investigations such as chest x-rays and ultrasound in public hospitals; and if she will make a statement on the matter. [17763/07]

The Primary Care Strategy aims to support and promote the health and well-being of the population by developing multi-disciplinary teams of professionals, including general practitioners, which enable the vast majority of people's health and social care needs to be met in their local community. I recognise that in order to support and facilitate this model of care, general practitioners need to have access to appropriate diagnostic services so that, as far as possible and as appropriate, the diagnosis and the management of illness can take place in the community rather than the hospital setting.

The Health Service Executive has, I understand, undertaken a number of measures to enhance access for GPs to x-ray and ultrasound services for patients. As the Executive has the operational and funding responsibility for Primary Care services, it is the appropriate body to provide more detailed information in this regard. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

Tony Gregory

Question:

344 Deputy Tony Gregory asked the Minister for Health and Children the reason for the long delay in a decision on the appeal for a medical card by a person (details supplied) in Dublin 7; and when a decision will be made. [17787/07]

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

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

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

Tony Gregory

Question:

345 Deputy Tony Gregory asked the Minister for Health and Children the reason for the long delays in decision for medical card applications on the north side of Dublin; and when a decision will be made on the application by persons (details supplied) in Dublin 7. [17788/07]

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

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

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

Departmental Surveys.

Tom Sheahan

Question:

346 Deputy Tom Sheahan asked the Minister for Health and Children the projects approved in her Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18186/07]

The National Rehabilitation Unit, Dun Laoghaire is the only capital project approved in the Capital Plan 2007 which requires a cost benefit analysis. The cost benefit analysis for this project has been commissioned and is currently underway. This exercise is expected to be completed by the end of August 2007.

Road Safety.

James Bannon

Question:

347 Deputy James Bannon asked the Minister for Transport and the Marine the time-scale in relation to the setting up of an urgently required road safety strategy in view of the fact that it has been over six months since the previous one expired; and if he will make a statement on the matter. [16996/07]

The Road Safety Authority (RSA) is responsible for developing a new Road Safety Strategy for the period 2007-2011. They went out to public consultation in October last year and I understand they have received a substantial number of suggestions and proposals as a result of this process. The RSA also engaged in a process of direct consultation with key stakeholders in December 2006. The volume of submissions received from these processes were examined by the Authority who are now working towards the finalisation of the new Strategy. When I receive the new Road Safety Strategy I will submit it to Government for approval as soon as possible thereafter.

James Bannon

Question:

348 Deputy James Bannon asked the Minister for Transport and the Marine his plans to reduce fatalities on roads in view of the publication of the first Road Safety Performance Index by the European Transport Safety Council; and if he will make a statement on the matter. [16997/07]

The European Transport Safety Council published the Report referred to by the Deputy, on 7 June 2007. It includes rankings on the three most important aspects of road user behaviour in Europe — speed, alcohol and seat belt wearing and relates to the period 2001 to 2005. Ireland ranks thirteenth out of the EU twenty five based on road deaths per million of population in 2005.

Achieving progress in the areas of speeding, drink driving and seat belt wearing has been central to the implementation of Ireland's national Road Safety Strategy. Significant initiatives have been achieved since 2005 including the introduction of a new system of metric speed limits, the further extension of the operation of the penalty points and fixed charge systems from April 2006, the establishment of the Garda Traffic Corps, hard hitting safety awareness campaigns, new legislation, tougher fines and penalties, and the introduction of roadside Mandatory Alcohol Testing.

Other major proposals, such as the plans to establish a system of private sector operation of speed cameras under the auspices of the Gardaí, are well advanced.

The Report does not reflect the significant developments and reduction in fatalities on our roads since 2006 when the number of deaths, at 368, was the second lowest rate in forty years. This downward trend has continued into 2007 with 35 less fatalities on 22 June 2007 than on the same day in 2006. These significant improvements will be reflected in the EU rankings when the next review is published.

Rail Network.

James Bannon

Question:

349 Deputy James Bannon asked the Minister for Transport and the Marine his plans for the Athlone to Mullingar rail link; and if he will make a statement on the matter. [16501/07]

The re-opening of the Mullingar to Athlone rail line was considered as part of the Strategic Rail Review. The review did not recommend inclusion of the scheme in the list of new rail schemes. On this basis the project was not included in Transport 21. My predecessor met representatives of the Midlands Railway Action Group on a number of occasions to discuss the matter. I understand also that the matter was also discussed with Iarnród Éireann on the basis of a report commissioned by the group.

John O'Mahony

Question:

350 Deputy John O’Mahony asked the Minister for Transport and the Marine the amount of funding which has been provided by his Department for the re-opening of the Western Rail Corridor; the reason that no approval has been given or date set for the re-opening of the section of line from Coolooney to Claremorris; the amount of funding which is being made available by his Department for the project; and the date on which it is proposed that work will commence on same. [16763/07]

Transport 21 provides for the re-opening of the Western Rail Corridor between Ennis and Claremorris on a phased basis. The Ennis to Athenry section is to be completed in 2008, the Athenry to Tuam section in 2010 and the Tuam to Claremorris section in 2014. Iarnród Eireann plan to have Phase 1 completed in 2008. I understand from Iarnród Éireann that route clearance, site investigation works and excavations for improved bridge clearance are already under way.

I do not consider it prudent to release commercially sensitive information in relation to the cost of individual projects within Transport 21 until the public procurement processes are completed. However, my Department has allocated €10m in 2007 to Iarnród Éireann to fund expenditure on Phase 1 (Ennis — Athenry section) of the Western Rail Corridor.

Iarnród Éireann, with the assistance of funding under the Clár programme, are undertaking work to preserve the rail alignment on the Claremorris to Collooney section in line with Transport 21. This is prior to examining the feasibility of reopening the line from Claremorris to Sligo, as provided for in the Programme for Government.

Public Transport.

Richard Bruton

Question:

351 Deputy Richard Bruton asked the Minister for Transport and the Marine the number of routes operated by Dublin Bus; the number of buses assigned to each route and the passengers carried; and the change that has occurred in respect of these numbers between 2000 and 2006. [17090/07]

I have no function in relation to these matters. They are day-to-day operational matters for Bus Átha Cliath.

Richard Bruton

Question:

352 Deputy Richard Bruton asked the Minister for Transport and the Marine the proportion of the route covered by bus priority in respect of each Dublin Bus route. [17091/07]

The deployment of buses on routes with bus priority is an operational matter for Dublin Bus and I have asked the company to provide any available information regarding this matter directly to the Deputy.

Richard Bruton

Question:

353 Deputy Richard Bruton asked the Minister for Transport and the Marine the passengers carried by Dublin Bus in each year from 2000 to 2006. [17092/07]

Passenger carryings by Dublin Bus over the period since 2000 are as follows:

Year

No. of Passengers

2000

134.2m

2001

142.9m

2002

146.6m

2003

149.8m

2004

149.8m

2005

145.7m

2006

146.3m

Richard Bruton

Question:

354 Deputy Richard Bruton asked the Minister for Transport and the Marine the reason his Department has not licensed Dublin Bus to use the Port Tunnel and recently intervened to ban the 41X from using the tunnel; and the public policy benefits from his decision. [17093/07]

The initiation or alteration of a bus service by Dublin Bus is subject to compliance with the 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. Under these arrangements, Dublin Bus is now operating routes 33X and 142 for travel through the Dublin Port Tunnel.

Separately, my Department has an application from a private operator to provide a commercial express bus service, without State subvention, from Swords to the City Centre, via the Dublin Port Tunnel. This application was made prior to receipt of a notification from Dublin Bus for a service along a similar route.

In accordance with standard regulatory procedures, the application from the private bus operator, made under the provisions of the Road Transport Act, 1932, as amended, has to be considered first and is currently under consideration. Hence, the Dublin Bus application has to await the decision on the prior application and Dublin Bus has been advised of this.

I recognise the importance of the licensing regime governing the bus sector being in keeping with consumer needs for the provision of a quality public transport system. I accept that the Road Transport Act, 1932 and the Transport Act, 1958 are in need of reform and I will be pursuing this in line with the commitments in the Programme for Government in relation to reforming bus licensing to facilitate the optimum provision of services by providing a level playing field for all market participants.

Richard Bruton

Question:

355 Deputy Richard Bruton asked the Minister for Transport and the Marine the number of additional buses for Dublin in 2007; and the way these buses are allocated across the various depots. [17368/07]

Dublin Bus took delivery of 100 additional buses in 2006 for which Exchequer funding of €30m was approved. 42 of the buses will be in service by the end of June and the remainder by September. The allocation of these buses across the depots is a matter for Dublin Bus.

Parking Regulations.

Róisín Shortall

Question:

356 Deputy Róisín Shortall asked the Minister for Transport and the Marine his plans to introduce legislation to allow local authorities introduce parking bans on heavy goods vehicle cabs in certain residential areas; and if he will make a statement on the matter. [17485/07]

Road authorities already have power under article 38 of the Road Traffic (Traffic and Parking) Regulations 1997 to apply restrictions on the parking of large vehicles. This power is applied through the provision of a regulatory prohibition on parking signs specifying a weight threshold at the entrance to an area.

Any large vehicle, whose unladen weight exceeds the weight specified, is restricted from parking in that area except for a period of time not exceeding 30 minutes from the commencement of parking while goods are being loaded or unloaded.

No road authority has been in contact with my Department to convey any indication that the current legislative provision is not ample to prohibit the parking of heavy goods vehicle cabs in any residential area.

The RPA has received many, and sometimes irreconcilable requests, from residents along the route of Metro North. On 15 June, RPA wrote to over 2,000 residents setting out the current status of work and committing to follow up with an analysis of other tunnel alignment options that would make greater use of green space. When these options have been further developed, RPA will write to all affected residents again enclosing details of the options and seeking comments on them. It is important to note that whichever route is chosen will pass beneath houses, businesses and other buildings.

A programme to address concerns expressed about the location of the DCU stop has also been put in place by the RPA.

The comments of residents will feed into the overall environmental assessment of the options so that the detailed tunnel alignment and stop locations for this portion of Metro North can be finalised in order to make a Railway Order application to An Bord Pleanála.

Rail Network.

Joanna Tuffy

Question:

357 Deputy Joanna Tuffy asked the Minister for Transport and the Marine the position regarding works being carried out to build a new train station at Kishogue, Lucan, County Dublin; and when the works are due to commence and due for completion. [17500/07]

Joanna Tuffy

Question:

358 Deputy Joanna Tuffy asked the Minister for Transport and the Marine the position regarding works being carried out to build a new train station at Fonthill, Clondalkin, Dublin 22; and when the works are due to commence and due for completion. [17501/07]

Emmet Stagg

Question:

360 Deputy Emmet Stagg asked the Minister for Transport and the Marine if the contracts have been signed for the Kildare route project. [17550/07]

I propose to take Questions Nos. 357, 358 and 360 together.

Construction contracts for the Kildare Route upgrade project, including stations at Kishogue and Fonthill, are matters for Iarnród Éireann and I have no role in relation to them. I understand from Iarnród Éireann that some contracts have been placed and work has commenced and all contracts will be in place in the coming weeks. Iarnród Éireann, in line with Transport 21,expect construction to be completed by late 2009 and commissioning of the new facilities, including new stations, to take place in early 2010.

Road Network.

Emmet Stagg

Question:

359 Deputy Emmet Stagg asked the Minister for Transport and the Marine if he has viewed documents in relation to the consequences of lifting the barriers on the M50 toll bridge in advance of barrier free tolling; and if he will make a statement on the matter. [17549/07]

The planning, design and implementation of national road improvement projects, including the M50, is a matter for the National Roads Authority (NRA) and the local authorities concerned.

Also, the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads, including the M50, is vested in the NRA under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000).

Question No. 360 answered with QuestionNo. 357.

Public Transport.

Emmet Stagg

Question:

361 Deputy Emmet Stagg asked the Minister for Transport and the Marine further to Parliamentary Question No. 375 of 5 April 2007, if the proposals have been decided upon and cleared. [17554/07]

The two notifications to which the Deputy refers were noted by my Department on 10th May 2007. It is now an operational matter for Dublin Bus to introduce the proposed changes.

Rail Services.

Emmet Stagg

Question:

362 Deputy Emmet Stagg asked the Minister for Transport and the Marine his plans to speed up the provision of additional capacity on the Maynooth suburban line including the provision of additional railcars and the bringing forward of the completion of the city centre resignalling project. [17565/07]

The capacity and frequency of services on the railway network have been substantially increased in recent years. The capacity on the Maynooth line, in particular, has trebled in the last 5 years. The opening of the Docklands Station in March has also provided a significant increase in capacity on this line. As part of Transport 21, Iarnród Éireann also propose to resignal the city centre area and to electrify the Maynooth line to provide faster journey times and increased frequencies and planning in relation to these projects is already under way.

EU Directives.

Róisín Shortall

Question:

363 Deputy Róisín Shortall asked the Minister for Transport and the Marine the EU directives within his Department’s competency which have not been fully transposed into law; the articles that await transposition for those partially transposed; the date by which the whole directive was meant to have been transposed in each case; and if he will make a statement on the matter. [17573/07]

The information requested by the Deputy is contained in the following tables.

Table I

Directives awaiting full Transposition

No.

Title

Deadline for transposition

Comments

1

Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of Transport Policy, by reason of accession of Bulgaria and Romania.

1 January 2007

Under consideration to establish if Ireland needs to take any action with regards to this Directive.

2

Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania.

1 January 2007

A number of amending regulations are required to be made to fully transpose this Directive into Irish Law in relation to motor vehicle type-approval directives. The amendments are technical amendments consequent on the accession of Bulgaria and Romania, namely, adding these names to the list of other Member States’ names. The first amendment was submitted recently by the RSA to the Department of Transport.

3

Directive 2003/59/EC of the European Parliament and of the Council of 15th July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC

10 Sept 2006

Since the 1st of September 2006 the RSA has commenced a process for the introduction of this Directive. To have implemented the Directive by the 10th of September 2006 would have precluded a thorough consultation process with the necessary stakeholders, or allowed for their feedback to be considered.In this regard, as part of a 6 week consultation process, a consultation document will be available to all stakeholders by early July 2007 before enabling legislation later in the year.

4.

Directive 2006/22/EC of the European Parliament and of the Council of 15th March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No. 3821/85 concerning social legislation relating to road transport activities and repealing Council

11 April 2007

Office of Parliamentary Counsel finalising a draft text of SI to give effect to the directive.

5

Commission Directive 2006/119/EC of 27 November 2006 amending for the purposes of adapting to technical progress Directive 2001/56/EC of the European Parliament and of the Council concerning heating systems for motor vehicles and their trailers.

30 September 2007

6

Commission Directive 2006/120/EC of 27 November 2006 correcting and amending Directive 2005/30/EC amending, for the purposes of their adaptation to technical progress Directives 97/24//EC and 2002/24/EC of the European Parliament and of the Council, relating to the type-approval of two or three-wheel motor vehicles.

30 September 2007

7

Directive 2006/40/EC of the European Parliament and of the Council of 17th May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC.

4 January 2008

8

Commission Directive 2007/15/EC of 14 March 2007 amending, for the purposes of its adaptation to technical progress, Annex 1 to Council Directive 74/483/EEC relating to the external projections of motor vehicles.

4 April 2008

9

Commission Directive 2007/34/EC of 14 June 2007 amending, for the purposes of its adaptation to technical progress, Council Directive 70/157/EEC concerning the permissible sound level and the exhaust system of motor vehicles.

5 July 2007

10

Commission Directive 2007/35/EC of 18 June 2007 amending, for the purposes of its adaptation to technical progress, Council Directive 760/756/EEC concerning the installation of lighting & light-signalling devices on motor vehicles and their trailers.

9 July 2007

11

Commission Directive 2007/37/EC of 21 June 2007 amending, Annex 1 & 111 to Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to type-approval of motor vehicles and their trailers.

4 January 2008

12

Directive 2004/36/EC of 21 April 2004 on the safety of third-country aircraft using Community airports.

30 April 2006

Drafting of an S.I. to implement this Directive is at an advanced stage.

13

Directive 2006/23/EC of the European Parliament and of the Council of 5th April 2006 on a Community air traffic control licence.

17 May 2008

14

Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures.

10 June 2008

Preparations have commenced.

Table II

Motor Vehicles Type-Approval Directives substantially transposed but where some provisions re sale or use of Component Parts are still to be transposed.

No.

Directive

Deadline for Transposition

Comments

1

Directive 70/220/EEC as amended by Directive 98/77/EC relating to measures to be taken against air pollution by emissions from motor vehicles.

1st October 1999

Draft regulations to provide for the transposition of the outstanding matters are with the Office of the Parliamentary Counsel (OPC) for settling.

2

Directive 70/221/EEC as amended by Directive 2006/20/EC relating to fuel tanks and rear underrun protection of motor vehicles and their trailers.

11 March 2010

3

Directive 71/320/EEC as amended by Directive 98/12/EC relating to the braking devices of certain categories of motor vehicles and their trailers

31st March 2001

4

Directive 72/245/EEC as amended by Directive 2004/104/EC relating to the radio interference (electromagnetic compatibility) of vehicles

31 December 2005

5

Directive 74/61/EEC as amended by Directive 95/56/EC relating to devices to prevent the unauthorized use of motor vehicles

1st October 1998

6

Directive 74/408/EC as amended by Directive 96/37/EC relating to the interior fittings of motor vehicles (strength of seats and of their anchorages)

1st October 1999

7

Directive 76/757/EEC as amended by Directive 97/29/EC relating to retro-reflectors for motor vehicles and their trailers

1st October 1999

8

Directive 76/758/EEC as amended by Directive 97/30/EC relating to the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps for motor vehicles and their trailers

1st October 1999

9

Directive 76/759/EEC as amended by Directive 1999/15/EC relating to direction indicator lamps for motor vehicles and their trailers

1st April 2001

10

Directive 76/760/EEC as amended by Directive 97/31/EC relating to the rear registration plate lamps for motor vehicles and their trailers

1st October 1999

11

Directive 76/761 as amended by Directive 1999/17/EC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps

1st October 1999

Draft regulations to provide for the transposition of the outstanding matters are with the Office of the Parliamentary Counsel (OPC).

12

Directive 76/762 as amended by Directive 1999/18/EC relating to front fog lamps for motor vehicles and filament lamps for such lamps

1st April 2001

13

Directive 77/538/EEC as amended by Directive 1999/14/EC relating to rear fog lamps for motor vehicles and their trailers

1st April 2001

14

Directive 77/539/EEC as amended by Directive 97/32/EC relating to reversing lamps for motor vehicles and their trailers

1st October 1999

15

Directive 77/540/EEC as amended by 1999/16/EC relating to parking lamps for motor vehicles

1st April 2001

16

Directive 77/541/EEC as amended by Directive 96/36/EC relating to safety belts and restraint systems of motor vehicles

1st October 1999

17

Directive 88/77/EC amended by Directive 2001/27/EC relating to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles

1st October 2001

18

Directive 92/22/EEC amended by Directive 2001/92/EC relating to safety glazing and glazing materials on motor vehicles and their trailers

1st July 2003

19

Directive 92/23/EEC as amended by Directive 2001/43/EC relating to tyres for motor vehicles and their trailers and to their fitting

4 August 2002

20

Directive 2001/56/EC relating to heating systems for motor vehicles and their trailers

9 May 2005

21

Directive 2003/97/EC relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices

24 January 2005

22

Directive 2005/55/EC as amended by Commission Directives 2005/78/EC 2006/51/EC relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles *(See also under Appendix III)

1st October 2006

23

Directive 2005/66/EC relating to the use of frontal protection systems on motor vehicles *(See also under Appendix III)

25 August 2006

24

Council Decision of 13 March 2006 amending Decisions 2001/507/EC and 2001/509/EC with a view to making United Nations Economic Commission for Europe (UN/ECE) Regulation Nos. 109 and 108 on retreaded tyres compulsory.

13 September 2006

Draft Regulations have been prepared for settling by Office of the Parliamentary Counsel.

25

Council Directive 93/14/EC relating to the braking of two or three-wheel motor vehicles

9 May 2003

Draft regulations being prepared.

26

Council Directive 93/30/EEC on audible warning devices for two or three — wheel motor vehicles

9 May 2003

27

Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel vehicles, as amended by directive 2003/77/EC

9 May 2003

28

Directive 2000/7/EC of the European Parliament and of the Council on speedometers for two or three-wheel motor vehicles

9 May 2003

Table III

Motor Vehicles Type_Approval Directives substantially transposed but for which partial transposition is or will be required (other than in relation to component parts as set out in Appendix II)

No.

Directive

Provision to be Transposed

Comments

1

Directive 2005/49/EC of 25 July 2005 amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers.

Prohibit, wef 1 July 2013, the registration, sale or entry into service of vehicles (other than cars) equipped with 24 GHZ — short-wave radar equipment.

Draft instrument submitted recently to the Department by RSA.

2

Directive 2005/66/EC relating to the use of frontal protection systems on motor vehicles *(See also under Appendix II)

Transpose directive so as to apply also to small vans. Overdue since 25 August 2006

Ditto

3.

Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 as amended by Commission Directives 2005/78/EC & 2006/51/EC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles.

Transpose wef 1 October 2007, for Nox monitoring & torque limitation requirements for entry into service of HGVs.

Ditto

4.

Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC.

Will require to be transposed in relation to small vans in due course when EC Whole Vehicle Type Approval becomes mandatory for such vehicles. Measures not operable until 2010.

This depends on adoption of proposed revised framework type-approval directive by EU.

Transport Regulations.

Róisín Shortall

Question:

364 Deputy Róisín Shortall asked the Minister for Transport and the Marine the regulations, including SI reference number, signed by him since 1 January 2007; if he will verify that the text of each of these are available on his Department’s website; and if he will make a statement on the matter. [17574/07]

The information requested by the Deputy is contained in the following table.

SI Number

Title of SI

Text available on Department website

161 of 2007

Air Navigation and Transport (Amendment) Act 1998 (Aggregate Borrowings Limit Variation) Order 2007

The Order was signed by my Predecessor on the 18th April 2007. The statutory period in relation to the laying of the S.I. before the Houses of the Oireachtas is 21 sitting days. Due to the dissolving of the Dáil and Seanad this document still has 17 sitting days remaining to be served. When that 21 statutory sitting days period has expired, the S.I. will be published on my Department’s website.

285 of 2007

European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007

Text of Regulation is available on my Department’s website.

145 of 2007

Railway (Glounthane to Midleton) Order 2007

Text of Regulation is available on my Department’s website.

232 of 2007

Railway Safety Act 2005 (Part 8) (Appointed Day) Order 2007

Text of Regulation is available on my Department’s website.

15 of 2007

Railway (Dublin Light Rail Line A — Tallaght to Abbey Street) (Amendment) Order 2007

Text of Regulation is available on my Department’s website.

189 of 2007

Light Railway (Fixed Payment Notice) Regulations 2007

Text of Regulation is available on my Department’s website.

212 of 2007

European Communities (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2007

Text of Regulation is currently being put on my Department’s website.

86 of 2007

Road Traffic Act 2006 (Commencement) Order 2007

Text of Regulation is not available on my Department’s website. It is available from the Government Publications Sale Office.

112 of 2007

European Communities (Port State Control) (Amendment) Regulations 2007

Text of Regulation is available on my Department’s website.

283 of 2007

Road Traffic (special permits for Particular Vehicles) Regulations 2007

Text of Regulation is available on my Department’s website.

284 of 2007

European Communities (Port Security) Regulations 2007

Text of Regulation is available on my Department’s website.

S.I. Number to be allocated

The Mercantile Marine (Tonnage) Regulations 2007

S.I. Number to be allocated before placing on the Department’s website.

63 of 2007

Harbours Act 1996 (Compulsory Acquisition) (Dublin Port Company) Order 2007

The text of SI 063 of 2007 is not yet available on the Department’s website.

Parking Regulations.

Bernard J. Durkan

Question:

365 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine if his attention has been drawn to the acute shortage of adequate parking space at the various rail stations throughout County Kildare coupled with undercapacity of commuter trains and the lack of adequate services to meet the requirements of commuters; if he will take initiatives to address these issues; and if he will make a statement on the matter. [17673/07]

The provision and management of car parking adjacent to railway stations is an operational matter for Iarnród Eireann and the local authorities. My Department has provided funding of almost €11m to Iarnród Éireann to fund additional car parking spaces at various stations along the rail network including the Kildare and Maynooth lines. These improvement works are due for completion by the end of 2007 and will increase the total car parking available at these stations by over 1600 spaces.

This funding will also cover the costs of feasibility studies by Irish Rail on a car park expansion programme.

In addition, car park provision will form part of major new railway infrastructure works such as the Kildare Route Project and the Navan Rail Link.

The capacity and frequency of services on the railway network have been substantially increased in recent years. Capacity on the Maynooth line has trebled in the last 5 years. The opening of the Docklands Station in March has also provided a significant increase in capacity on this line.

Public Transport.

Róisín Shortall

Question:

366 Deputy Róisín Shortall asked the Minister for Transport and the Marine the additional funding that has been set aside for the Metro North project to ensure that the project is built underground through Ballymun and Glasnevin. [17680/07]

The RPA engaged in extensive consultation on the arrangements for Metro North in Ballymun. Whilst it was very clear that there is overwhelming public support for the concept of Metro North serving Ballymun it was also clear that a significant majority of those consulted were in favour of an underground option.

In April 2007 the Board of the RPA approved the underground (cut and cover) option as the preferred alignment for Metro North through Ballymun. Since the RPA Board were in the best position to reach this conclusion, the Minister considered it appropriate that he should accept this decision.

This design change will require an adjustment to the capital envelope for the project. It is my intention that any necessary adjustment to the capital envelope for Metro North will be met from within the overall Transport 21 capital envelope.

Róisín Shortall

Question:

367 Deputy Róisín Shortall asked the Minister for Transport and the Marine when a decision will be reached on the exact locations of the DCU and Griffith Avenue Metro North stations; and if further consultation is planned with affected residents. [17681/07]

Following an extensive public consultation process the selected route for Metro North was announced in October 2006. Metro North will have 15 stops, including ones at DCU, Griffith Avenue and Drumcondra.

The Railway Procurement Agency are at present preparing of an Environmental Impact Statement and other documentation required to support an application to An Bord Pleanála for a Railway Order (the legal permission needed to build and operate Metro North).

The RPA continues to engage extensively with residents along the route of Metro North in exploring mechanisms for addressing their concerns (including concerns about the location of the Griffith Avenue and DCU stops and the tunnel alignment between Drumcondra and Griffith Avenue). The RPA have also responded to individual queries raised by residents and businesses and have had meetings with many of these stakeholders to discuss their concerns.

The RPA has received many, and sometimes irreconcilable requests, from residents along the route of Metro North. On 15 June, RPA wrote to over 2,000 residents setting out the current status of work and committing to follow up with an analysis of other tunnel alignment options that would make greater use of green space. When these options have been further developed, RPA will write to all affected residents again enclosing details of the options and seeking comments on them. It is important to note that whichever route is chosen will pass beneath houses, businesses and other buildings.

A programme to address concerns expressed about the location of the DCU stop has also been put in place by the RPA.

The comments of residents will feed into the overall environmental assessment of the options so that the detailed tunnel alignment and stop locations for this portion of Metro North can be finalised in order to make a Railway Order application to An Bord Pleanála.

Róisín Shortall

Question:

368 Deputy Róisín Shortall asked the Minister for Transport and the Marine the way Metro West will serve Finglas and Meakstown. [17682/07]

After studies of possible Metro West routes the RPA has identified two main route options. Route Option 1 runs west of the M50 via Clondalkin, Liffey Valley and Blanchardstown, (with possible stops at Meakstown and Sillogue). Route Option 2 runs west of Clondalkin via Lucan and Blanchardstown and serving Blanchardstown Institute of Technology and Ballycoolin (with possible stops at Harristown and Sillogue). Various sub-options have also been identified.

Since the RPA could not identify a possible feasible alignment, there are no plans for Metro West to serve Finglas directly. The possible stop at Meakstown would, however, serve the northern fringe of the Finglas area.

The route finally selected may be a combination or variation of the Options I or 2 or other options identified during the public consultation process which took place November 2006 to February 2007. Approximately 850 submissions were received by the RPA during this time. I expect the RPA to make an announcement on the preferred route of Metro West in the near future.

Road Safety.

Róisín Shortall

Question:

369 Deputy Róisín Shortall asked the Minister for Transport and the Marine if his Department has issued guidelines to local authorities on the qualifying criteria applied by them for the provision of pedestrian crossings and other traffic calming measures; and the role of his Department in setting policy in relation to criteria from such measures. [17683/07]

Section 38 of the Road Traffic Act 1994 provides that a road authority may, in the interest of the safety and convenience of road users, provide such traffic calming measures as they consider desirable in respect of public roads in their charge. The decision of whether or not to provide a traffic calming measure at any location and the nature of the measure that is deemed to be appropriate is a matter to be determined at local level by each road authority as part of its traffic management role.

The regulatory signs to be provided at pedestrian crossings are prescribed in Part V of the Road Traffic (Signs) Regulations 1997. In addition, the Traffic Signs Manual is a statutory directive given to road authorities by the Minister for Transport setting out guidance on the provision and use of traffic signs, including the provision of pedestrian crossings and various traffic calming measures.

I have not issued statutory guidelines pursuant to section 38 of the 2004 Act but a non-statutory manual, titled Traffic Management Guidelines, was published jointly in 2003 by my Department, the Dublin Transportation Office and the Department of the Environment, Heritage and Local Government. This publication sets out comprehensive guidelines, best practice and recommended criteria in relation to the deployment of a wide range of traffic calming measures.

Copies of each of the publications that I have referred to are available in the Oireachtas library.

The RPA has received many, and sometimes irreconcilable requests, from residents along the route of Metro North. On 15 June, RPA wrote to over 2,000 residents setting out the current status of work and committing to follow up with an analysis of other tunnel alignment options that would make greater use of green space. When these options have been further developed, RPA will write to all affected residents again enclosing details of the options and seeking comments on them. It is important to note that whichever route is chosen will pass beneath houses, businesses and other buildings.

Road and Rail Networks.

Tom Sheahan

Question:

370 Deputy Tom Sheahan asked the Minister for Transport and the Marine the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18190/07]

The information requested by the Deputy is outlined in the following table.

Project approved

CBA conducted by

Luas Line B1 from Sandyford to Cherrywood

Railway Procurement Agency

Luas Line C1 from Connolly station to the Point

Railway Procurement Agency

Luas Line A1 spur off Red Line to Citywest

Railway Procurement Agency

Funding for thirty three Intercity Railcars

Bernard Feeney of Goodbody Economic Consultants

Integrated Ticketing Project

Independent Technical Adviser to the Integrated Ticketing Project Board and by the Railway Procurement Agency Project Director to the Integrated Ticketing Project.

The business cases, including the cost benefit analyses, for the projects referred to above were independently reviewed on behalf of the Department.

In relation to national roads projects, the planning, design and implementation of national road improvement projects, including the preparation of cost benefit analyses, is a matter for the National Roads Authority (NRA) and the local authorities concerned.

Emigrant Support Services.

Michael Ring

Question:

371 Deputy Michael Ring asked the Minister for Foreign Affairs the position in relation to undocumented Irish people living in America; the discussions that have taken place in this regard recently between the Government and the US politicians; and if he will make a statement on the matter. [16836/07]

James Bannon

Question:

372 Deputy James Bannon asked the Minister for Foreign Affairs the measures he will take to assist the undocumented Irish following the failure of the US Emigration Bill to gain Senate approval; and if he will make a statement on the matter. [17000/07]

Charlie O'Connor

Question:

375 Deputy Charlie O’Connor asked the Minister for Foreign Affairs the position regarding the issue relating to the undocumented Irish in the United States of America; the contacts he is maintaining in the matter; and if he will make a statement on the matter. [17125/07]

I propose to take Questions Nos. 371, 372 and 375 together.

The Government attaches the highest priority to the welfare of the undocumented Irish in the United States, and takes every opportunity in contacts with US political leaders to emphasise the importance of addressing this matter in a sympathetic and pragmatic manner.

Immigration reform is one of the most contentious and high profile political issues in the US. Only a bipartisan solution can succeed in reforming the immigration system. However, it is clear that securing the necessary bipartisan consensus on this complex and divisive matter remains a very considerable challenge.

There is strong awareness on Capitol Hill of the Irish dimension to the undocumented issue. Our Ambassador in Washington is extremely active in highlighting our concerns, as are officials of our Consulates across the United States. The Taoiseach and I, as well as members of the Oireachtas, have raised the issue with key figures in the US Administration and on Capitol Hill, and have made known our strong support for measures that would be of benefit to the undocumented Irish. Our sustained political contacts have been strengthened by the mobilisation of the Irish community behind the Irish Lobby for Immigration Reform, a highly effective organisation which we are happy to support, including financially.

On May 17th, a bipartisan coalition of US Senators, including Senator Kennedy, reached what has been characterised as a "grand compromise" on comprehensive immigration reform. Very regrettably however, it did not prove possible to move the bill to a final vote on this occasion.

Following a meeting on June 12th between President Bush and Republican Senators, and a subsequent announcement by the President of his support for a $4.4 billion initiative on strengthening border security, the Democratic Leader in the Senate and his Republican counterpart announced that the bill is being brought back to the Senate floor. In this regard, a vote is expected to be taken today to determine whether debate will be resumed on the Bill. The Government will continue to lobby actively for a favourable outcome in the critical period ahead.

Passport Applications.

Willie Penrose

Question:

373 Deputy Willie Penrose asked the Minister for Foreign Affairs the position regarding whether the baby of an Irish person and their fiancé in Thailand, is entitled to an Irish passport; the position in this context regarding the mother of the child, who wishes to come here, to be with her Irish fiancé on a long term basis; the emigration procedures provided for same; and if he will make a statement on the matter. [17081/07]

Irish passports are only issued to Irish citizens. In the case of the baby referred to in the Deputy's question, if (as seems to be implied) his/her father was born in Ireland, then the baby is automatically an Irish citizen. In order to obtain a passport for the baby, a passport application form can be obtained from the office of our Honorary Consuls in either Bangkok or Phuket, at the following addresses:

Honorary Consulate of Ireland

28th Floor, Q. House Lumpini Building

1 South Sathorn Road

Thugmahamek, Sathorn

Bangkok 10120, Thailand

Telephone: +662 677 7500

Honorary Consulate of Ireland

Tamarind Valley

79/6 Moo 4

Soi Sermsook

Viset Road,

Rawai, Muang,

Phuket 83130, Thailand

Telephone: +66 76 281 273

Further information is also available at www.passport.ie

If the fiancée in question is a Thai passport holder (as also seems to be implied), she will require a visa to enter Ireland. A visa application form can be obtained from the above addresses and should, on completion, be lodged there together with supporting documentation. Useful guidelines and details of the documentation required for specific visa types are available on the Irish Naturalisation and Immigration Service (INIS) website at www.inis.gov.ie

Diplomatic Representation.

Charlie O'Connor

Question:

374 Deputy Charlie O’Connor asked the Minister for Foreign Affairs when he expects to establish an Irish Embassy in Ukraine. [17124/07]

Ireland established formal diplomatic relations with the Ukraine in 1992 and our Ambassador to the Czech Republic is accredited there on a non-resident basis. There are regular contacts at political and official level, while the economic relationship between the two countries is growing.

As I believe the Deputy will appreciate, any expansion of our diplomatic network can only be undertaken having regard to clear priorities. In this regard, and while the opening of new Missions is reviewed by the Government on a regular basis, there are no plans to establish a resident Embassy in the Ukraine at this time.

Question No. 375 answered with QuestionNo. 371.

State Airports.

Richard Bruton

Question:

376 Deputy Richard Bruton asked the Minister for Foreign Affairs his views on whether random checks of flights through Shannon should be put in place in order to validate the claims that the airport is never used for rendition flights; if such checks have been carried out to date; if the views of the Human Rights Commission have been sought on this issue; and if he will make a statement on the matter. [17445/07]

The Government are completely opposed to the practice of so-called extraordinary rendition, as were the previous Government. Our concerns in relation to this matter have been made clear to the highest levels of the US Government, including by the Taoiseach to President Bush. The Government received specific assurances from the US authorities, confirmed by Secretary of State Condoleezza Rice, that such prisoners have not been transferred through Irish territory, nor would they be, without our permission.

A number of Garda investigations have confirmed that there is no evidence of any illegal activity related to extraordinary rendition at Irish airports. Where the Gardaí have suspicions about a particular aircraft, they have full powers to board and inspect that aircraft. As I have previously informed the House, the decision to search a particular aircraft, if and when warranted in accordance with law, would be a matter for An Garda Síochána. As the Government have also repeatedly made clear, An Garda Síochána has the powers it needs to investigate all allegations of illegal activity. In addition, there is no legal bar to the search of civilian aircraft of the type allegedly involved where there is a basis for so doing.

I have had detailed exchanges with Dr Maurice Manning, the President of the Irish Human Rights Commission, on all issues related to extraordinary rendition, and I have set out the Government's view that we are fully in compliance with our international obligations. I would also note that in their joint statement on extraordinary rendition of 27 June 2006, Amnesty International, Human Rights Watch, the International Commission of Jurists and the Association for the Prevention of Torture do not call for spot checks, but rather for the inspection of aircraft "where there are grounds for believing... [they are] being used to transport detainees". It has always been the Government's position that in such circumstances, An Garda Síochána should exercise their powers of entry and search of an aircraft.

On my instructions, Ireland has taken the lead at EU level in raising possible improvements to the regulation of civil aviation, in particular through the amendment of the 1994 Chicago Convention. We are also in ongoing discussion with fellow-members of the International Civil Aviation Organisation in this regard. These discussions are at an early stage, but nonetheless I believe that they may have the potential to be productive. It is clear, however, that for any reforms in this area to be effective, they will require to be implemented at least at the European level.

Leo Varadkar

Question:

377 Deputy Leo Varadkar asked the Minister for Foreign Affairs the way he will establish whether aircraft using Shannon Airport, which are owned or contracted by foreign military or intelligence organisations, are doing so as part of a UN mandated operation in view of the Programme for Government; and if he will make a statement on the matter. [17757/07]

The use of Shannon airport by aircraft continuing to transport US troops is wholly in accordance with UN Security Council Resolutions on Afghanistan and Iraq. In relation to Iraq, UN Security Council Resolutions 1511 and 1546 explicitly call on UN member States to assist the multinational force in Iraq. Subsequent Resolutions have annually renewed the mandate of the multinational forces, noting also that they are there at the request of the Government of Iraq. The current mandate under UNSCR 1723 runs up to the end of 2007.

The Programme for Government does not address the above but deals with the quite separate issue of extraordinary rendition and reiterates that the Government are totally opposed to the practice. The Government will ensure that all relevant legal instruments are used so that the practice of extraordinary rendition does not occur in this State in any form, while Ireland will seek EU and international support to address deficiencies in aspects of the regulation of civil aviation under the Chicago Convention. This specific issue is also addressed in my reply of today's date to Deputy Bruton (Ref no. 17445/07).

Human Rights Issues.

Leo Varadkar

Question:

378 Deputy Leo Varadkar asked the Minister for Foreign Affairs the action he has taken to reprimand the Government of Sudan for its failure to protect the life and property of people in the Darfur region; and if he will make a statement on the matter. [17762/07]

The Government is gravely concerned about the plight of the vulnerable people of the Darfur region of Sudan. In cooperation with our international partners, we continue to pursue all possible avenues to provide them with increased security and support.

In my direct contacts with the Sudanese Foreign Minister in July and September 2006, I called on his Government to agree to UN engagement in peacekeeping in Darfur, and emphasised the need to make political progress on foot of the Darfur Peace Agreement of May 2006. I also pushed for improved humanitarian access in Darfur to avert further tragic consequences. I have continued to make these points in meetings I have had with states and organisations capable of influencing Sudan, including the United States, Egypt, the Arab League and the UN. I have consistently underlined Ireland's support for a genuine ceasefire, a renewed political process and an effective AU/UN hybrid peacekeeping force. On 26 March 2007, I stated publicly that in the absence of full co-operation between the Government of Sudan and the United Nations, Ireland supports urgent consideration in the UN Security Council of further measures against the Government of Sudan.

Ireland has worked unceasingly with our EU partners to ensure protection for the victims of the Darfur crisis. At the General Affairs and External Relations Council of 18 June 2007, EU Foreign Ministers condemned the Government of Sudan's renewed bombing of civilians, and again noted that the EU is ready to consider further measures (notably in the UN framework) to ensure humanitarian deliveries and the protection of civilians. We stated that those violating the human rights of civilians must be held responsible, and urged the Government of Sudan to comply with the arrest warrants that the International Criminal Court issued in May against two individuals accused of committing atrocities in Darfur.

Ireland also supports the UN Human Rights Council's work on human rights abuses in Darfur. We actively supported the holding of a UN Human Rights Council Special Session on Darfur earlier this year, as well as the dispatch of a Human Rights Council fact-finding mission to Darfur. The Government supported the decision on 30 March 2007 to establish a high level UN group to work with Sudan on implementing core recommendations in Darfur. These efforts have increased the pressure for improvements on the ground.

Although progress remains slow, pressure by the international community has produced some results. The Government of Sudan's statement on 12 June that it accepts the AU/UN hybrid mission is a step in the right direction. The hybrid mission, as described in the joint AU/UN report of 5 June 2007, will be very substantial, will be managed in line with UN standards and will have a mandate to protect civilians from violent attacks, facilitate humanitarian access and contribute to the restoration of security. It is hoped that this force will bring some respite for the people of Sudan while work in pursuit of a political solution continues.

Recognising the urgent need to sustain and strengthen the African Union AMIS force in advance of the establishment the UN/AU hybrid force, Ireland has committed €5 million to support its efforts to protect the vulnerable in Darfur. Three members of the Permanent Defence Forces also serve with the EU support mission for AMIS. In addition to our work on protection and security, the Government has been striving to meet the human needs of the victims of violent attacks and those who have been forced to flee their homes. Since 2006, Irish Aid has provided a total of over €25 million in humanitarian assistance to Sudan, through international organisations and through Irish and international NGOs.

Capital Expenditure.

Tom Sheahan

Question:

379 Deputy Tom Sheahan asked the Minister for Foreign Affairs the projects approved in his department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18185/07]

I wish to advise the Deputy that there are no capital projects approved in my Department this year that exceed the financial threshold for a cost benefit analysis.

Job Creation.

Bernard J. Durkan

Question:

380 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Employment the steps he will take to ensure that Ireland remains an attractive investment location with particular reference to the need to maintain its position in attracting foreign direct investment; and if he will make a statement on the matter. [17640/07]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment (FDI) to Ireland and its regions. Today the level of FDI in Ireland, relative to the size of the economy, is one of the highest in the world. At present there are over 1,000 overseas companies with substantial international operations in Ireland, employing over 135,000 people. The challenge for IDA Ireland is to sustain, embed and grow this investment.

We have been successful as a country over the past decade but we continue to face new challenges in light of strong competition. We have to move to a more advanced level of investment, bearing in mind the higher costs and lower level of unemployment we now experience. In responding to this challenge IDA Ireland is focusing on the development of its employment base into high technology, high value added and high skill functions, including not only high-end manufacturing, but also areas such as high-end services and R&D.

The economic environment facing Ireland has changed in recent years. Irish firms are facing growing competition both in Europe and globally. We know that we cannot compete on the same basis as in the past. We need to protect our current strengths and develop new bases for competitive advantage. As knowledge and innovation become the basis for competition and economic development, important policy issues in the medium term will be developing our innovation potential, the human capital of our country and our economic and technological infrastructure.

The National Development Plan 2007 to 2013, which was announced earlier this year, details an investment of €13.6billlion in Enterprise over the lifetime of the Plan. The investment includes €7.7 billion for training and upskilling our people, €3.3 billion in Enterprise Development and €2.7 billion, as part of an overall investment of €8.3 billion, in Science, Technology and Innovation.

Ireland has now established a reputation globally as a location for advanced manufacturing, sophisticated business services and, increasingly, for leading research and innovation. Each of these areas will be of critical importance to our continuing success.

I am satisfied that the policies and strategies being pursued by the Government under the National Development Plan together with the policies being pursued by IDA Ireland are the most appropriate ones to attract and grow foreign direct investment in the country that will, in turn, maintain and grow employment into the future.

James Bannon

Question:

381 Deputy James Bannon asked the Minister for Enterprise, Trade and Employment the measures being taken to put job creation programmes into place to bring quality and secure employment to Longford/Westmeath and to compensate for job losses due to company closures; and if he will make a statement on the matter. [16499/07]

The development agencies under the remit of my Department, IDA Ireland, Enterprise Ireland, the County Enterprise Boards and FÁS (the Training and Employment Authority) have remits, respectively, in the areas of attracting and growing foreign direct investment, growing indigenous enterprises; and developing the labour market.

A range of strategies, programmes and financial incentives are in place to promote economic development that will give rise to sustainable employment throughout the country.

The strategies and programmes of the development agencies are very much in line with the National Development Plan and the National Spatial Strategy. Under the NSS, Longford/ Westmeath is part of the Midland region. Athlone and Mullingar are joint gateway towns together with Tullamore, while Longford is a hub town.

I am satisfied that the strategies currentlyin place for the development of Longford/Westmeath under these plans are the most appropriate and will lead to productive and sustainable employment for the people of the region.

Proposed Legislation.

Arthur Morgan

Question:

382 Deputy Arthur Morgan asked the Minister for Enterprise, Trade and Employment the dates on which the heads of Bills (details supplied) will be approved by Government; and the expected dates of publication of the said bills. [16613/07]

The following is the position in relation to the Bills in my Department:

Chemicals Bill

I expect to seek Government approval for the drafting of this Bill before the end of the year. The content and timing of publication of the Bill will be decided by the Government in due course.

Collective Investment Schemes Consolidation Bill

My intention is to have Heads of Bill available for submission to Government for approval for drafting by December 2007. This, however, is dependent on a number of factors, including, for example, a positive outcome to discussions with stakeholders. It is not possible, at this stage, to give an indication of the likely date for publication of the Bill.

Company Law Consolidation and Reform Bill

I expect to seek Government approval in early autumn for the formal drafting by the Office of the Parliamentary Council of the Company Law Consolidation and Reform Bill. As the Office of the Parliamentary Council has indicated that its work on the Bill is expected to take up to 18 months, the date of publication of the Bill is likely to be late 2008 or early 2009.

Employment Agency Regulation Bill

Following the recent period of consultation and subsequent clarification of certain legal questions, I expect to submit the Heads of the Bill to Government for approval in early autumn. Depending on the volume of Bills submitted for drafting to the Office of Parliamentary Counsel and the priorities identified by Government as to drafting, it is anticipated that the Bill will be published before end-year.

Employment Law Compliance Bill 2007

Preparatory work is well advanced to give effect to the commitment in "TOWARDS 2016" for publication of the Employment Law Compliance Bill in 2007. The Social Partners and other relevant interests will be consulted on detailed proposals for the Bill and Government approval for final drafting will be sought as soon as those consultations are completed, within the next few months. The content and timing of publication of the Bill will be decided by the Government in due course.

Transfer of Undertakings (Pensions) Bill

The examination of this issue is to be concluded by the end of 2007. The outcome in terms of legislation is not yet clear and therefore I cannot give dates for either approval of draft Heads or publication of the Bill.

Semi-State Bodies.

Ned O'Keeffe

Question:

383 Deputy Edward O’Keeffe asked the Minister for Enterprise, Trade and Employment the salary and expenses paid to each individual vice-chairperson of a body (details supplied) for each year of their membership up to January 2007 with a breakdown of the expenses to include travel expenses. [16648/07]

The Vice-Chairpersons of the body concerned are part time and are appointed for a term of office on a three-year basis. Vice-Chairpersons are paid a per diem fee and paid expenses (travel and subsistence) in line with Department of Finance regulations. The last term of office ended on 29th January 2007.

The gross fees and expenses paid to Vice-Chairpersons over the three year period up to 29th January 2007 is set out in the following schedule.

SCHEDULE

Fees and expenses paid to vice-chairpersons in respect of the period 30 January 2004 to 29 January 2007

No.

Fees

Expenses (all of which are in respect of travel and subsistence)

1

14,680.00

1,980.09

2

39,798.00

3,704.21

3

42,091.00

7,488.09

4

50,351.00

21,207.59

5

63,535.00

23,436.69

6

9,196.00

883.69

7

37,556.00

2,268.55

8

32,198.00

13,588.80

9

22,862.00

673.67

10

5,839.00

2,432.69

11

4,264.00

2,932.89

12

42,014.00

664.39

13

68,261.00

2,306.29

14

40,470.00

2,840.24

15

33,932.00

11,877.75

16

9,259.00

2,552.59

17

36,764.00

319.14

18

6,703.00

1,119.34

19

57,999.00

7,398.26

20

99,548.00

18,059.63

21

43,111.00

1,676.27

22

44,208.00

12,899.68

23

47,275.00

2,713.59

24

16,204.00

3,356.32

25

80,605.00

11,495.82

26

18,064.00

4,941.95

27

46,747.00

5,272.09

28

45,656.00

6,599.07

29

20,416.00

1,478.51

30

33,588.00

26,454.87

31

31,148.00

1,284.10

Total

1,144,342.00

215,906.86

National Partnership Agreement.

Ned O'Keeffe

Question:

384 Deputy Edward O’Keeffe asked the Minister for Enterprise, Trade and Employment if a person (details supplied) in County Cork is entitled to be paid under the national wage agreement. [16649/07]

The pay terms of all social partnership agreements are negotiated voluntarily and they come into force in individual employments through normal industrial relations processes. While the pay terms are not binding in the formal sense, it is expected that implementation would be effected through local agreement. Except where otherwise agreed at local level, the pay terms of "Towards 2016" came into force on the expiry of the pay terms of Part Two of "Sustaining Progress" in each individual employment or industry and last for a period of 27 months.

It is open to an employee whose employer has refused to pay the terms of the social partnership agreements to refer the dispute to the Labour Relations Commission. The dispute can only be investigated if the employer is willing to participate in such an investigation.

Job Protection.

Denis Naughten

Question:

385 Deputy Denis Naughten asked the Minister for Enterprise, Trade and Employment the steps he proposes to take to secure the future employment of staff at a company (details supplied) in County Westmeath; the discussions which have taken place between the State agencies and the company concerned; the plans there are to relocate other planned developments by another company to the Athlone site; and if he will make a statement on the matter. [16685/07]

On 7 May, the company in question announced that it was necessary for it to discontinue with immediate effect, the sale of the sole product manufactured in Athlone. On 22 May, the company advised all employees that it was considering closing its facility in Athlone and entered into a period of consultation with employees and their representatives.

In the meantime, discussions had been taking place between IDA Ireland and local management in Athlone and the management of the parent company in the United States. These discussions centered on the possibilities of finding alternative products that could be moved to Athlone at short notice. Efforts to find such products continued throughout May and June but were unsuccessful.

Last Friday, the company advised its employees that it had no alternative but to cease operations in Athlone. Some 32 staff will remain to the end of August to decommission the facility. A further 12 staff members are being relocated to other facilities in Ireland and 65 staff members have already succeeded in finding alternative employment. The balance, 54 people, have received one month's notice of redundancy. The company is supporting its staff through active outplacement and the hosting of job fairs.

Both the company and IDA Ireland will be actively involved in promoting the site and, indeed, there have already been visits to Athlone by potential new tenants. However, at this stage, it is too early to say when a new employer might occupy the facility. The Employment Services of the Industrial Training agency FÁS are working with the company to assist the workers to find employment, identify training needs and provide guidance and training where necessary. In addition, the agency is co-operating with the Athlone Institute of Technology in the provision of appropriate services for the workers.

Work Permits.

Michael Ring

Question:

386 Deputy Michael Ring asked the Minister for Enterprise, Trade and Employment when a work permit renewal application will be finalised for a person (details supplied) in County Mayo. [16891/07]

I am informed by the Employment Permits Section of my Department that a Work Permit in respect of Mr. Wai Ming Mak was renewed for the period 19 March 2007 to 18 March 2009. The original work permit was issued to the employee and a copy was issued to his employer on 13 June 2007.

National Minimum Wage.

Ned O'Keeffe

Question:

387 Deputy Edward O’Keeffe asked the Minister for Enterprise, Trade and Employment the minimum wage for a person working in a private child care facility or creche. [17070/07]

The provisions of the National Minimum Wage Act apply to all employees, including full-time, part-time, temporary and casual employees except the following categories of employees who are excluded from its provisions: (i) close relatives of the employer such as a spouse, father, mother, son, daughter, brother and sister; (ii) apprentices within the meaning of the Industrial Training Act, 1967 and Labour Services Act, 1987 including an apprentice printer, bricklayer, mechanic, plumber, carpenter/ joiner and electrician.

An experienced adult worker must be paid an average hourly rate of pay that is not less than the national minimum wage shown under in a pay reference period. A pay reference period may be a week, a fortnight or no longer than a month. From 1 January, 2007 the national minimum hourly rate of pay is €8.30. From 1 July, 2007 the national minimum hourly rate of pay is €8.65.

For employees who are :(i) under age 18 or (ii) in the first two years after the date of first employment over age 18, or trainees undergoing structured training the lower minimum wage rates shown in the table below apply.

Employee

Minimum Hourly Rate of Pay

From 1 January 2007 Per working hour

From 1 July 2007 Per working hour

Experienced adult worker

8.30

8.65

Under age 18

5.81

6.06

* In the first year after the date of first employment over age 18, whether or not the employee changes employer during the year

6.64

6.92

* In the second year after the date of first employment over age 18, whether or not the employee changes employer during the year

7.47

7.79

In a course of training or study over age 18, undertaken in normal working hours

1st one third period

6.23

6.49

2nd one third period

6.64

6.92

3rd one third period

7.47

7.79

NB: Each one third period must be at least one month and no longer than twelve months.

Experienced adult worker named by the Labour Court in granting a temporary exemption to an employer from paying the national minimum hourly rate of pay.

Labour Court will decide the lower hourly rate of pay that the employee must be paid for the period of the temporary exemption.

NB: Minimum period of temporary exemption is 3 months and maximum period is 12 months.

* Employment experience prior to age 18 is not taken into account for these rates.

Company Closures.

Jack Wall

Question:

388 Deputy Jack Wall asked the Minister for Enterprise, Trade and Employment the number of complaints submitted to the Companies Registration Office in relation to companies continuing to trade after dissolution for each of the past three years; the aspect of trading that each company was involved with; and if he will make a statement on the matter. [17242/07]

Jack Wall

Question:

389 Deputy Jack Wall asked the Minister for Enterprise, Trade and Employment the procedure in legislation to deal with companies that continue to trade after dissolution of the company. [17243/07]

I propose to take Questions Nos. 388 and 389 together.

The main provision of the Companies Acts dealing with cases of trading while unincorporated is Section 381 of the Companies Act 1963 (as amended). Under this section, it is an offence for a person to trade or carry on a business under a name or title of which "Limited" or "Teoranta" is the last word, unless duly incorporated with limited liability.

Complaints relating to cases of this kind received by the Companies Registration Office are referred to the Office of the Director of Corporate Enforcement (ODCE) for attention. I am informed by the ODCE that it received 13, 26 and 43 complaints in 2004, 2005 and 2006 respectively in relation to alleged trading while unincorporated. A minority of this category of complaint related to trading as a limited company while struck off the Companies Register. ODCE does not track the aspect of trading pertaining to the person the subject of each such complaint.

I understand that it is ODCE practice to determine these complaints on an administrative basis. This means that the persons who are the subject of the complaints are either found not to be in breach of company law or where a breach is evident, that the persons in question take action to correct their non-compliance thereby obviating the need for possible legal proceedings. Such remedial action typically includes restoring the company to the Register of Companies or ceasing to represent the trading entity as a limited company. If the Deputy has information relating to particular companies trading while unincorporated I would encourage him to refer it to the ODCE for its consideration.

Job Creation.

Brian O'Shea

Question:

390 Deputy Brian O’Shea asked the Minister for Enterprise, Trade and Employment his proposals in regard to job creation in the Waterford constituency; the discussion he has had with the relevant State agencies in this regard since the general election; and if he will make a statement on the matter. [17544/07]

The development agencies under the remit of my Department, IDA Ireland, Enterprise Ireland, the County Enterprise Boards and FÁS (the Training and Employment Authority) have remits, respectively, in the areas of attracting and growing foreign direct investment; growing indigenous enterprises; and developing the labour market.

A range of strategies, programmes and financial incentives are in place to promote economic development that will give rise to sustainable employment throughout the country. The strategies and programmes of the development agencies are very much in line with the National Development Plan and the National Spatial Strategy. Under the NSS, Waterford is part of the Southeast region, with Waterford city designated as a gateway city and Dungarvan as a hub town. I am satisfied that the strategies currently in place for the development of Waterford under these plans are the most appropriate and will lead to productive and sustainable employment for the people of the region.

Departmental Projects.

Tom Sheahan

Question:

391 Deputy Tom Sheahan asked the Minister for Enterprise, Trade and Employment the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18182/07]

The Department of Finance's guidelines on the Appraisal and Management of Capital Expenditure Proposals in the Public Sector provide that a cost-benefit analysis should be carried out on capital projects above a threshold of €30 million. My Department has not directly approved any capital projects costing over €30 million this year. Capital funding allocated to my Department's Vote is expended through various agencies under the aegis of my Department. I will check the position regarding capital projects costing over €30 million with the agencies concerned and I will write to the Deputy further on the matter.

Swimming Pool Projects.

Emmet Stagg

Question:

392 Deputy Emmet Stagg asked the Minister for Arts, Sport and Tourism when the expenditure review of the local authority swimming pool programme will be completed; and when is it expected that a new round of the local authority swimming pool programme will be launched. [17548/07]

My Department is completing the Expenditure Review of the Local Authority Swimming Pool Programme at present and on its completion it will be laid before the Houses of the Oireachtas and published. The Review is examining, among other things, how the programme has worked to date and what changes, if any, are required to ensure its effective and efficient delivery. Thereafter, following consideration of the recommendations in the Review, it is my intention to launch a new round of the Local Authority Swimming Pool Programme.

Departmental Projects.

Tom Sheahan

Question:

393 Deputy Tom Sheahan asked the Minister for Arts, Sport and Tourism the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18177/07]

There have been no projects approved to date in my Department in 2007 which exceed the threshold of €30 million required for undertaking a cost benefit analysis.

Social Insurance.

Bernard J. Durkan

Question:

394 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if a person (details supplied) in County Kildare can pay PRSI health contributions; and if he will make a statement on the matter. [16543/07]

Self employed (Class S) contributors are entitled to the following payments:

Widow's/Widower's (Contributory) Pension;

Orphan's (Contributory) Allowance;

Old Age (Contributory) Pension;

Maternity Benefit;

Adoptive Benefit, and

Bereavement Grant.

When Class S was introduced for self-employed persons in 1988, coverage for both short-term insurance-based payments such as disability benefit and for illness was excluded on the grounds that it would prove too administratively/legally complex and costly to implement. The range of benefits to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work and this is in turn reflected in the rate of contributions payable. Self-employed individuals pay Class S contributions at a rate of 3% and are eligible for a narrower range of benefits than employees who, together with their employers, are liable for a total contribution of 14.05% under PRSI Class A. Self-employed workers who do not qualify for an insurance-based benefit may claim supplementary welfare allowance, which is subject to a means test.

PRSI contributions comprise a social insurance portion and a health contribution. The health contribution goes towards the funding of public health services and does not become part of the Social Insurance Fund which finances social insurance payments. Entitlement to health services in Ireland is not related to these contributions but is primarily based on residency and means. If the Deputy has any further queries in relation to this case, he is invited to contact officials from my Department.

Decentralisation Programme.

Seymour Crawford

Question:

395 Deputy Seymour Crawford asked the Minister for Social and Family Affairs the situation regarding the decentralisation to Carrickmacross and Monaghan towns; and if he will make a statement on the matter. [17380/07]

Under the Decentralisation Programme announced by the Government in 2003, the Department is to relocate 85 posts to Carrickmacross. In addition, the Combat Poverty Agency, which is under the aegis of the Department, is designated to relocate to Monaghan Town. The Decentralisation Implementation Group Progress Report to the Minister for Finance in September 2006 indicates that the indicative construction start date for Carrickmacross is mid 2007 and the construction completion date is end 2008. The Office of Public Works (OPW) has been charged with securing accommodation in the decentralised locations. At this time there is no indicative construction start date for Monaghan Town.

Social Welfare Benefits.

Thomas P. Broughan

Question:

396 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs if a decision has been made on the awarding of an old age pension to a person (details supplied) in County Sligo; and if he will make a statement on the matter. [16522/07]

The person concerned applied for State Pension (Contributory) in May 2006. According to the records of my Department, she has outstanding PRSI liabilities as a self-employed person for the following years, 1995/6, 1996/7, 1998/9 and 1999/00. Section 110 (1) of the Social Welfare (Consolidation) Act of 2005 provides that a self-employed contributor shall not be regarded as satisfying the qualifying conditions unless all outstanding PRSI contributions are paid.

This customer was previously notified of this decision and has been advised to contact her local Tax Office regarding the outstanding liabilities. She has also been informed by my Department on a number of occasions of the amount of PRSI outstanding. When the outstanding liability has been discharged entitlement to State Pension Contributory can be re-examined.

Grant Payments.

Bernard J. Durkan

Question:

397 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when a bereavement grant will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16566/07]

An application for a bereavement grant from the person concerned was received on the 17/01/07 but, based on the information provided, a grant is not payable as there is no record of any reckonable PRSI contributions having been paid by the person concerned. A deciding officer disallowed the claim on 17/01/07 and a notice of the decision with a right of appeal was issued to the claimant on that date.

Question No. 398 withdrawn.

Social Welfare Appeals.

Michael Ring

Question:

399 Deputy Michael Ring asked the Minister for Social and Family Affairs the outcome of an appeal for a person (details supplied) in County Mayo. [16854/07]

The person's claim for disability allowance was refused by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the view that he was not medically qualified for this payment. The person appealed this decision and was examined by another Medical Assessor and the comments of the Deciding Officer were also sought.

The papers have now been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person is currently in receipt of Supplementary Allowance pending the resolution of his appeal. Under Social Welfare Legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Benefits.

Michael Ring

Question:

400 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded invalidity pension based on the new medical evidence submitted. [16858/07]

The person concerned applied for an invalidity pension on 2 March 2007. Prior to this he was in receipt of Illness Benefit with effect from 23 November 2005. A medical examination was carried out on the 10th May 2007 following which the person concerned was found to be not permanently incapable of work.

The application for Invalidity Pension was refused on 23rd May, 2007. The person concerned was notified of the decision and given a right of review and appeal. Further medical evidence was submitted on the 7th June, 2007 and is being reviewed by a Medical Assessor of my Department. The person concerned will be notified of the outcome of the review as soon as possible.

Joe Costello

Question:

401 Deputy Joe Costello asked the Minister for Social and Family Affairs if his attention has been drawn to the fact that there is a two to three month delay in issuing disability payments; and if he will make a statement on the matter. [16860/07]

Disability Allowance (DA) is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. Processing of claims for Disability Allowance necessitates a medical examination of the claimant in some instances, and also investigation of the claimant's means by a Social Welfare Inspector, which may require a visit to the claimant's home. These processes can add time to the overall claim adjudication process.

There has been a continuous upward trend in recent years in the numbers of Disability Allowance claims — at the end of 2005 there were 79,253 recipients of DA, this had increased to 83,697 at the end of 2006, and at this point there are 85,905 people in receipt of the allowance. The Department received 17,581 new applications in 2006, and to date in 2007 some 8,986 claims have been received.

The average time to decide a claim is currently just under 17 weeks. While some of this time can be attributed to the factors mentioned above, this timescale falls short of the Department's target processing time for this scheme, which aims for 70% of new claims to be decided within 9 weeks. Every effort is being made to improve claim processing times, including use of overtime. Additionally, a review of the resourcing requirements of the section is being undertaken to identify any further steps which may be necessary.

Social Welfare Appeals.

Michael Ring

Question:

402 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason an oral hearing to finalise a disability allowance appeal for a person (details supplied) in County Mayo was cancelled; when it will be rescheduled in order that this matter can be brought to a conclusion; and if he will make a statement on the matter. [16908/07]

The person concerned applied for disability allowance which is a means tested scheme. The Deciding Officer disallowed the claim on the grounds that the person's means exceeded the means limits for that scheme. He appealed against this decision to the Social Welfare Appeals Office. The Appeals Officer proposed to hold an oral hearing on 6 June 2007. This hearing was cancelled due to the unavailability of a witness who was requested to attend by the Appeals Officer. The case will be rescheduled as quickly as possible.

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

Social Welfare Code.

Paul Connaughton

Question:

403 Deputy Paul Connaughton asked the Minister for Social and Family Affairs if there are plans to pay the living alone allowance to returned emigrants who are not in receipt of other payments from his Department; and if he will make a statement on the matter. [17025/07]

The living alone allowance, or living alone increase as it is now known, is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments and who are living alone. It is also available to people under 66 years of age who are living alone and who receive payments under one of a number of invalidity type schemes. The increase is intended as a contribution towards the additional costs people face when they live alone.

The increase is not a payment in its own right but one that is paid as a supplement to an Irish social welfare payment. As such, it cannot be paid to people without a social welfare entitlement or to those whose pension payments are made exclusively under the social security regimes of other countries.

In relation to the latter, the needs of older people are often provided for in different ways by other countries. While the Irish system provides a basic pension, supplemented by allowances, increases and other benefits, the approach adopted by other countries can be very different involving, for instance, a pension based on pre-retirement earnings. It is of course open to recipients of pensions from other countries to apply for the state pension (non-contributory). In order to qualify for the state pension (non-contributory) a person must satisfy a means test. The pension, including, where appropriate, a living alone increase, can be paid in addition to other pension income. Changes in the income disregard for non-contributory pensions announced over the last two Budgets will help more people to qualify for a pension and improve the income of existing pensioners on reduced payments. At present some 11,000 British Retirement Pensioners are also receiving a state pension (non-contributory).

Social Welfare Appeals.

Michael Ring

Question:

404 Deputy Michael Ring asked the Minister for Social and Family Affairs when an oral hearing will be scheduled for a person (details supplied) in County Mayo to finalise their appeal for a respite care grant for 2005 as the delay is most unfair in view of the fact that the matter has been ongoing for many months and that the claimant has been caring for their brother for many years; the date this appeal was lodged; and if he will make a statement on the matter. [17058/07]

The person concerned was awarded respite care in respect of 2006. A Deciding Officer disallowed his application in respect of 2005 on the grounds that the care recipient was not so incapacitated as to require full-time care and attention at that time.

On 15 January 2007 the person concerned appealed against the decision to refuse him a Respite Care Grant for 2005. In accordance with the statutory requirements, the relevant departmental papers and comments of my Department were sought. These have now been provided and I am informed that the case has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made.

Social Insurance.

Michael Ring

Question:

405 Deputy Michael Ring asked the Minister for Social and Family Affairs if he will review the PRSI rate being deducted from retired Civil Service personnel; if this deduction is grossly unfair in view of the fact that those people have no entitlements to health care or State pension and so on; and if he will make a statement on the matter. [17059/07]

Michael Ring

Question:

406 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason people such as nurses who worked within the Civil Service and paid a modified rate of PRSI during their careers which did not entitle them to a State contributory pension on retirement have to pay PRSI from their health board or Health Service Executive retirement pension; the purpose of this PRSI deduction from their pension payments; the benefits it entitles them to; and if he will make a statement on the matter. [17060/07]

I propose to take Questions Nos. 405 and 406 together.

Permanent and pensionable employees in the public service — other than those who were recruited after 6 April, 1995, registered doctors and dentists employed in the Civil Service, Gardaí, commissioned army officers and members of the Army Nursing Service — are liable to pay social insurance contributions at the modified PRSI Class D rate during their working lives. While these contributors are not eligible for social insurance-based pensions on retirement, they can accrue entitlement to the widow's/widower's (contributory) pension, the guardian's payment (contributory), occupational injuries benefits, the bereavement grant and carer's benefit. This reflects the reduced 0.90% PRSI rate that they paid as permanent and pensionable workers and the fact that their former employers cover them directly under Civil Service regulations for occupational pensions.

Holders of occupational pensions are required, under statutory provisions set down by the Department of Health and Children, to pay a health contribution of 2.00% on all income exceeding €480 per week and for an additional contribution of 0.50% on all income exceeding €1,925 per week. The Department of Social and Family Affairs collects this contribution on behalf of the Department of Health and Children and nominally denotes the contribution as PRSI Class K.

Health contributions are channelled into the funding of national health services by the Department of Health and Children and are consistent with the solidarity principle of the PRSI system. Entitlement to health services in Ireland is not related to these contributions but is primarily based on residency and means.

Social Welfare Code.

Richard Bruton

Question:

407 Deputy Richard Bruton asked the Minister for Social and Family Affairs his plans to redress the imbalance that currently exists in the qualification criteria for the household benefits package which currently is not open to a person in receipt of a disability pension and living with an early retired sibling. [17065/07]

The household benefits package, which comprises the electricity/gas allowance, telephone allowance and free television licence schemes, is generally available to people living in the State, aged 66 years or over, who are in receipt of a social welfare type payment or who satisfy a means test. The package is also available to carers and people with disabilities under the age of 66 who are in receipt of certain welfare type payments. Widows and widowers aged from 60 to 65 whose late spouses had been in receipt of the household benefit package or free travel retain that entitlement. This measure is in place to ensure that households who have this entitlement do not lose it on the death of a spouse.

People aged over 70 years of age can qualify for the household benefits package regardless of their income or household composition. Those aged under 70 must live alone or only with certain excepted people in order to qualify. Excepted people for the purposes of the scheme include qualified adults, dependent children under age 18 or under age 22 if in full time education, people who are so incapacitated as to require constant care and attention for at least 12 months, people who would qualify for the allowance in their own right, people who are providing constant care and attention to any member of the household who is so incapacitated as to require constant care and attention for at least 12 months.

A range of proposals has been made to extend the coverage of the household benefits package of free schemes. These proposals are kept under review in the context of the objectives of the scheme and budgetary resources.

Social Welfare Benefits.

Paul Kehoe

Question:

408 Deputy Paul Kehoe asked the Minister for Social and Family Affairs the reason for the delay in processing family income supplement claims; the efforts being made to reduce the waiting times; and if he will make a statement on the matter. [17141/07]

David Stanton

Question:

413 Deputy David Stanton asked the Minister for Social and Family Affairs if a backlog of family income supplement claims exists; if so, the number of applications currently awaiting decision; the number of these which are renewals; the average amount of time it is currently taking to process an application; the measures his Department is taking to address the delays; and if he will make a statement on the matter. [17202/07]

I propose to take Questions Nos. 408 and 413 together.

The Family Income Supplement (FIS) is an income support for employees on low earnings with families. There are currently 20,780 people in receipt of a weekly FIS payment with an average value of over €130. Entitlement to FIS is based on an applicant satisfying a means test and on certification of employment by the employer. My Department has publicised the scheme regularly in order to maximise uptake by qualified families. Following significant increases in the income limits in the 2006 budget, my Department undertook a week-long nationwide awareness campaign in March of that year to encourage increased take up of the scheme. This campaign, combined with the improvements in the income limits, resulted in a strong upward trend in the level of new claims. During 2006 some 13,608 new claims were received. This compared with 7,781 claims in 2005 — an increase of 75 %.

Family Income Supplement is paid for 52 weeks provided a person continues to meet the qualifying conditions, and a claim for renewal may then be made. The upward trend in new claims is reflected in volumes of claims for renewals. Renewals to 23rd June 2007 are 12,278 compared to 9,889 received in the same period in 2006. This represents an increase of 24%. This has resulted in an increase in the number of claims on hand.

To date in 2007, my Department has received 18,249 new and renewal FIS claims and has decided a total of 14,766 cases. At 1st June 07 there were 8,068 claims awaiting decision. These were comprised of 3,526 new claims and 4,542 renewal claims. The average time it takes to award a FIS claim or renewal in 2007 (up to end of May) is 10.16 weeks.

My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the eligibility conditions which apply. Measures have been introduced to directly address the timeliness of claim processing for FIS: A review of existing processes and procedures has been undertaken with the explicit objective of reducing delays in claim processing; Priority is being given to cases where a claim is being renewed to ensure continuity of payment; Additional resources have been assigned specifically to improve delivery of service, and the ongoing staffing requirement is under review.

These measures will, over time, lead to more efficient processing and reduce the number of claims on hand. The position is being kept under review by my Department.

Social Insurance.

Arthur Morgan

Question:

409 Deputy Arthur Morgan asked the Minister for Social and Family Affairs the revenue which will be lost to the to the social insurance fund on an annual basis if PRSI is reduced from 4% to 2% for PAYE workers and from 3% to 2% for the self employed as proposed in the programme for Government. [17197/07]

Approximately 76 per cent of workers pay PRSI Class A and Class H at the rate of 4 per cent. A further 11 per cent of workers pay social insurance contributions at the Class S rate. These contributions which are subject to various thresholds, allowances and ceilings, accrue entitlement to a range of benefits and pensions under various social insurance schemes. The current employee PRSI ceiling stands at €48,800 per annum.

It is estimated that a decrease in the employee PRSI rate from 4% to 2% would reduce Social Insurance Fund income by some €720 million in a full year. The abolition of the PRSI ceiling for ordinary employees would yield some €295 million in additional contribution income. A decrease in the self-employed PRSI rate (Class S) from 3% to 2% is estimated to cost approximately €220 million in a full year. Of course if introduced as a package, the combination of measures could give rise to a compound effect.

Revisions to PRSI rates and the employee ceiling are considered annually in a budgetary context, with changes incorporated into the Social Welfare (Consolidation) Act, 2005, as required.

Arthur Morgan

Question:

410 Deputy Arthur Morgan asked the Minister for Social and Family Affairs when the second actuarial review of the social insurance fund, provided for under section 17 of the Social Welfare Act 1998 will be published. [17198/07]

The Social Welfare Consolidation Act, 2005, requires that an actuarial review of the financial condition of the social insurance fund will be undertaken at five-year intervals. The first actuarial review was published in October, 2002 and reflected the position of the Social Insurance Fund at the end of 2000.

The second actuarial review will update that report to address the position of the Fund at the end of 2005. The focus of the examination is the income of the Fund (including the accumulated surplus), the contributory pensions and benefits paid from the Fund, including non-cash benefits (household benefits package) and other payments (redundancy and insolvency payments). The period to be covered by the review is 55 years (from 2006 to 2061).

Following an evaluation process during the summer of 2006, external consultants were selected to carry out the actuarial review. Work on the review has now been completed. When the report has been considered by Government, it will then be laid before the houses of the Oireachtas. There is no date fixed for publication as yet but, legislation requires that a copy of the report be laid before the Oireachtas within six months of completion, publication.

Social Welfare Benefits.

David Stanton

Question:

411 Deputy David Stanton asked the Minister for Social and Family Affairs the situation regarding the implementation of lone parent proposals; when the necessary legislation regarding same will be published; and if he will make a statement on the matter. [17200/07]

The Government discussion paper, Proposals for Supporting Lone Parents, puts forward proposals for the expanded availability and range of education and training opportunities for lone parents; the extension of the National Employment Action Plan to focus on lone parents; focused provision of childcare; improved information services for lone parents and the introduction of a new social assistance payment for low income families with young children. The paper also proposes the abolition of the cohabitation rule as a condition for receipt of the proposed social assistance payment.

One of the proposals in the report is that the upper income limit for the new social assistance payment should be set at €400 per week. This element of the proposal was achieved with the increase in the upper income limit for the one parent family payment to €400 per week with effect from May this year.

The new social assistance payment, currently being developed by officials in my Department will have the long term aim of assisting people to achieve financial independence through supporting them to enter employment — the avenue that offers the best route out of poverty. Any proposed new payment can only be introduced when the necessary co-ordinated supports and services are put in place by other Departments and Agencies. This is why the Government has instructed the Senior Officials Group on Social Inclusion to draw up an implementation plan to progress the non-income recommendations in tandem with the development of the legislation required in my Department to introduce a new payment scheme.

Work on the development of this implementation plan is progressing. Issues including access to childcare support, education, training and activation measures are being discussed with the relevant Departments and Agencies. The development of legislation to introduce the new social assistance payment has been prioritised in my Department and work on this is at an advanced stage.

To further inform the process, my Department, with the co-operation of FÁS, the Office of the Minister for Children and the Department of Education and Science, will test the proposals in both an urban and rural setting. These tests will focus on identifying and resolving the practical and administrative issues that may arise. The tests will allow for operational and logistical co-ordination between the relevant departments and agencies to be considered and developed and will facilitate the development of the new scheme. It is planned that these tests will roll out in the Autumn.

National Carers Strategy.

David Stanton

Question:

412 Deputy David Stanton asked the Minister for Social and Family Affairs the progress made to date on the development of the national carers strategy; the expected publication date of same; and if he will make a statement on the matter. [17201/07]

Róisín Shortall

Question:

426 Deputy Róisín Shortall asked the Minister for Social and Family Affairs his intentions to extend entitlement to carer’s benefit and allowance to those carers who work in excess of 15 hours per week; and if he will make a statement on the matter. [17536/07]

I propose to take Questions Nos. 412 and 426 together.

Supporting and recognising carers in our society has been a priority of the Government since 1997 and will continue as such during the coming term. Since 1997, weekly payment rates to carers have been greatly increased, qualifying conditions for carer's allowance have been significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit and the respite care grant have been introduced and extended.

One of the fundamental qualifying conditions for carer's allowance, carer's benefit and the respite care grant is that the person be providing full time care and attention to a person who needs such care. In June 2006, the number of hours a person may engage in employment, self employment, training or education outside the home and still be considered to be providing full time care and attention was increased from 10 to 15 hours per week.

I am pleased that one of the key Government commitments in the national partnership agreement Towards 2016 is the development of a National Carer's Strategy. This strategy, which will focus on supporting informal and family carers in the community, will be developed by the end of 2007. All relevant Departments and agencies will be involved and there will be appropriate consultation with the social partners. Departments are currently in discussions regarding the best way to advance the process.

In line with the Government's commitment to carers which is reflected in Towards 2016, I will keep the supports for carers available from my Department under review.

Question No. 413 answered with QuestionNo. 408.

Pension Provisions.

David Stanton

Question:

414 Deputy David Stanton asked the Minister for Social and Family Affairs when the Green Paper on pensions will be published; and if he will make a statement on the matter. [17204/07]

The Government is committed to producing a Green Paper on pensions in accordance with the partnership agreement Towards 2016. My Department, in cooperation with the Departments of the Taoiseach, Finance and Enterprise, Trade and Employment, and the Pensions Board has been working over a number of months on the preparation of the Green Paper and I hope to have it discussed by Government as soon as I have completed my consideration of the matter.

Proposed Legislation.

David Stanton

Question:

415 Deputy David Stanton asked the Minister for Social and Family Affairs when he will publish legislation to place the money advice and budgeting service on a statutory footing; and if he will make a statement on the matter. [17205/07]

The Money Advice and Budgeting Service (MABS) last year, provided services to some 12,500 new clients throughout the country. The number of active cases at the end of the year was some 14,900. The demand for the service can be attributed to the increase in the availability of credit generally and to the quality of the service provided by MABS advisors.

In 2006, €16.4 million was provided to fund the service and in 2007 the allocation was further increased to €17.67 million to assist the MABS in dealing with its workload. There are 53 independent companies nationwide employing some 230 money advice staff who deliver the service at a local level.

I plan to bring proposals to establish the MABS on a statutory basis to the Government shortly. My intention in this regard is to build on the best features of the MABS model of service to the public, combining a continuation of local voluntary involvement with strong national leadership to ensure a high quality consolidated MABS for the future. I also want to take account of best practice in corporate governance for a customer focussed service that provides value for money for the taxpayers investment and meets the challenges posed by the rapidly changing face of debt in 21st century Ireland.

Social Welfare Code.

David Stanton

Question:

416 Deputy David Stanton asked the Minister for Social and Family Affairs if he has received the completed NESC research into a second tier child income support payment; if not, when he expects to receive it; when he expects same to be published; and if he will make a statement on the matter. [17206/07]

Under the terms of an earlier Social Partnership agreement the National Economic and Social Council (NESC) was asked to examine the feasibility of merging the family income supplement with qualified child increases and possibly including other child supports such as the back to school clothing and footwear allowance, resulting in a single second tier child income support. Such a payment would be aimed specifically at targeting child poverty by channelling resources to low-income families without creating significant disincentives to employment. This commitment to examining such a change was subsequently embodied in the current social partnership agreement Towards 2016.

NESC has indicated that, as the proposed second tier income support would represent a new approach to targeting, the issues involved are complex and there are technical and policy challenges to be overcome. The Council's analysis of these issues will, when received, be of assistance in informing the future direction of child income support policy.

While jobs are the most effective way of lifting families and their children out of poverty and child benefit accounts for 68% of child income support payments, the substantial improvements in targeted measures announced in Budget 2007 for children in low income and welfare families will have an important impact on child poverty.

Family income supplement income thresholds were raised in Budget 2007, increasing the weekly payments of almost all existing FIS recipients by €9 for a one child family, to €111 for a family with eight or more children. Research has shown that poverty is more likely to be concentrated in larger families and this improvement continues the re-focusing of thresholds towards larger families which started in Budget 2006, thereby further targeting resources at low-income households.

In Budget 2007 all three qualified child increase rates which had remained unchanged since 1994, were increased to a single rate of €22 per week. In addition, the annual back to school clothing and footwear allowance, which provides income support for the poorest families at a particularly difficult time of the year, was increased by €60 for children aged 2 to 11, and by €95 for children aged 12 to 22, bringing the rates of payment to €180 and €285 respectively.

These changes represent a more selective approach to child income support through targeting children in poorer households while at the same time limiting the extent to which employment incentives are worsened.

Pension Provisions.

John Deasy

Question:

417 Deputy John Deasy asked the Minister for Social and Family Affairs his plans to alter the pension arrangements in place for those who applied for a pension for the self-employed, whereby this was granted on a pro rata basis in order that those who paid five years contributions are not receiving the same payment as those who paid nine years; if he will examine this inequality; and if he will make a statement on the matter. [17387/07]

Michael Ring

Question:

424 Deputy Michael Ring asked the Minister for Social and Family Affairs if he will introduce a pension at a reduced rate to those elderly people who contributed PRSI on the expectation of receiving a pension but were denied by reason only of their advanced age; his plans to introduce the recent recommendation by the Human Rights Commission in this regard. [17494/07]

I propose to take Questions Nos. 417 and 424 together.

It is a fundamental principle of our social insurance system that those qualifying for benefits must satisfy a range of contribution and other conditions. In the case of contributory pensions this involves commencing payment of contributions 10 years before pension age, payment of a minimum number of contributions at an appropriate rate and reaching a minimum average annual contribution rate. The State pension (contributory) is a valuable benefit and the conditions are designed to ensure that those qualifying have had a sufficient and ongoing attachment to the social insurance system.

A special pension for the self-employed was introduced in 1999 to enable people who were over age 56 at the time of the introduction of PRSI for the self-employed in 1988, and who could not therefore meet the standard qualifying conditions, to receive a contributory pension. To qualify, a person must have been age 56 or over on 6 April 1988, started paying social insurance contributions as a self-employed person on or after this date and have at least 260 full-rate social insurance contributions paid on a compulsory basis since first starting to pay social insurance contributions as a self-employed person. The personal rate and increases for a qualified adult and a qualified child are paid at 50% of the standard maximum rate.

The arrangements introduced in 1999 are designed to give some recognition under the social welfare system to a group of people who would not otherwise qualify for any payment, contributory or means tested. I consider the arrangements to be a reasonable response to the situation that existed at the time and, accordingly, I have no plans to make any enhancements to this special pension. I might add that similar arrangements were introduced in 2000 to give some additional recognition to people with pre-1953 social insurance.

The case reported on by the Irish Human Rights Commission (IHRC) involves a couple who were over 56 years of age in 1988 when compulsory social insurance for the self-employed was introduced. Accordingly, they were unable to satisfy one of the requirements for a standard pension as they did not commence paying insurance 10 years before pension age. The couple also failed to qualify for a pension under the special arrangements introduced in 1999.

While one of the couple could have qualified had they paid the necessary contributions, because of advanced age the other person would not have been able to contribute the necessary level of contributions before reaching pension age. A refund of part of the social insurance contributions was available to such people from 1996.

Having considered the case, the IHRC has recommended that a reduced benefit should be paid to people who, because of advanced age, could not satisfy the conditions for the special pension introduced in 1999. The recommendations of the IHRC are based on its assessment of the situation under the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the European Code of Social Security.

In relation to the European Code of Social Security, the IHRC places particular emphasis on provisions in relation to the position of people, who by reason of age when provisions are introduced, cannot satisfy contribution or employment conditions. The Department makes annual reports on compliance with this Code to the Council of Europe, summarising changes to the social welfare system. These reports are then referred to the International Labour Organisation (ILO) Committee of Experts for their examination. The Department's 1999 report included details of the self-employed provisions which are now the subject of the IHRC investigation. At that time, the ILO Committee confirmed that Ireland met its obligations. Accordingly, as an initial step in its review of the IHRC report, my Department has asked the ILO Committee of Experts for its views on the way in which the IHRC has interpreted the relevant articles. The position will be reviewed in the light of the views received.

Richard Bruton

Question:

418 Deputy Richard Bruton asked the Minister for Social and Family Affairs his views on whether the difference in treatment of pensioners in respect of their right to work at age 65 and at age 66 continues to be justified in view of the desire to encourage continued working beyond age 65; and his further views on reducing the restrictions on insurable employment at age 65. [17447/07]

The State pension (transition) was introduced in 1970 when it was known as the retirement pension. It was designed to bridge the gap between the standard social welfare pension age, which at that time was 70 years of age, and retirement at age 65. Because of the purpose for which the scheme was introduced, a key qualifying condition was that a person had to be retired in order to qualify for a payment. Retirement was defined as not engaging in insurable employment, which today means earning less than €38 per week. The social welfare pension age was subsequently reduced in stages until it reached 66 years of age, which means that the retirement condition is now only effective for 1 year.

I consider it important that those who wish to continue in employment after normal retirement age should, as far as is possible, be facilitated and supported. Longer working can play an important role in ensuring that our pensions system is sustainable in the future and it can also be beneficial to the individual. There are additional costs involved in removing the retirement condition but I am keeping the position under review with a view to implementing the change when resources permit.

The retirement condition associated with the state pension (transition) is only one aspect of a much broader agenda which will need to be addressed if we are to create the conditions where people can continue in employment past what we now regard as normal retirement age. As the House is aware, the Government is committed to producing a Green Paper on pensions as part of the social partnership agreement Towards 2016. The Green Paper will include an examination of all the issues surrounding retirement age, the barriers faced by older workers who wish to remain in employment and the incentives in this regard which can be considered. It will be published when the Government has completed its consideration of the issues raised in it. When the Green Paper has been published there will be a consultation process after which the Government will develop a framework for a long-term pension policy.

Social Welfare Benefits.

Richard Bruton

Question:

419 Deputy Richard Bruton asked the Minister for Social and Family Affairs the upper ceiling of rents which he has sanctioned in respect of Dublin’s northside for the receipt of supplementary welfare payments. [17448/07]

The supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, provides for the payment of a rent supplement to assist eligible people who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source.

Rent supplements are subject to a limit on the amount of rent that an applicant for rent supplement may incur. These rent limits are set at levels that enable the different categories of eligible tenant households to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State.

Setting maximum rent limits higher than justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels. This in turn would worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes. The maximum rent limits, that rent supplement applicants can incur, are set out for each county in the tabular statement.

Rent Supplement: National Maximum Rent Levels January 2007 to 30th June 2008

Single Person Sharing

Couple Sharing

Single Person

Couple No Child

Couple or One Parent 1 Child

Couple or One Parent 2 Children

Couple or One Parent 3 Children

Dublin

98

98

130

200

1,000(PM)*

1,200(PM)*

1,200(PM)*

Kildare

98

98

120

178

953(PM)*

1,200(PM)*

1,200(PM)*

Wicklow

98

98

130

190

953(PM)*

1,200(PM)*

1,200(PM)*

Cork

75

75

115

153

175

190

203

Galway

70

70

115

140

175

200

200

Meath

70

70

115

140

175

190

200

Louth

70

70

115

130

160

170

200

Wexford

80

80

115

130

150

170

170

Waterford

80

80

115

130

150

170

170

Tipperary Sth.

80

80

115

130

150

170

170

Carlow

80

80

115

130

150

170

170

Kilkenny

80

80

115

130

150

170

170

Mayo

70

70

115

115

175

200

200

Roscommon

70

70

115

115

175

200

200

Limerick

70

70

110

130

150

170

185

Kerry

75

75

100

153

153

190

203

Tipperary Nth.

70

70

100

130

150

170

185

Clare

70

70

100

130

150

170

185

Sligo

70

70

100

120

150

170

170

Longford

70

70

100

120

140

160

175

Westmeath

70

70

100

120

140

160

175

Offaly

70

70

100

120

140

160

175

Laois

70

70

100

120

140

160

175

Monaghan

70

70

90

121

140

155

191

Cavan

70

70

90

121

140

155

191

Donegal

70

70

90

120

140

153

170

Leitrim

70

70

90

120

140

153

170

* Per month.

Bernard Allen

Question:

420 Deputy Bernard Allen asked the Minister for Social and Family Affairs if the back to school clothing and footwear payment will be awarded to a person (details supplied) in County Cork. [17469/07]

The Southern Area of the Health Service Executive has advised that it will not be in a position to deal with individual claims for back to school clothing and footwear allowance until the first week in July at the earliest. A determination of the entitlement of the person concerned to payment is expected to be made at that time and she will be notified directly of the decision. The Health Service Executive has further advised that the person concerned may also call the Southern Area HSE (Free-phone number 1800-742287) in early July to ascertain the status of her claim.

Michael Ring

Question:

421 Deputy Michael Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo can pay back an overpayment at a reduced amount as the amount sought by his Department would cause severe financial hardship. [17470/07]

A Deciding Officer disallowed the jobseekers benefit claim of the person concerned from 14 September 2006 to 14 April 2007 on the grounds that she was not available for full-time work. She had not informed the Department that she was engaged in a full-time course of study during this period. Consequently, an overpayment of €5,366.90 was raised on her claim and she was notified accordingly on 12 June 2007. She should contact her Local Office so that account can be taken of all her circumstances when agreeing arrangements for recovery of the overpayment.

It is also open to her to appeal the Deciding Officer's decision and a form for this purpose has been issued to her.

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

Róisín Shortall

Question:

422 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the qualifying criteria and treatment of income from community employment; the way this affects other social welfare entitlements; and the reason a person (details supplied) in Dublin 9 was refused a back to school allowance as a result of participating in a community employment scheme. [17490/07]

The Community Employment (CE) scheme is a programme administered by FÁS which is designed to assist long-term unemployed and others who are distant from the labour force by offering them part-time and temporary work positions in jobs based within local communities. Following the placement, participants are actively encouraged to capitalise on the skills and experience that they have obtained through the scheme by seeking more permanent part-time and full-time opportunities within the mainstream workforce. Participants on the CE scheme are provided with an average of 39 hours of paid employment per fortnight for a one-year period.

Earnings from this work are liable to PRSI contributions at class A. Participants with reckonable weekly pay of €339 or less are insured at PRSI sub-class A8 and are exempt from paying a PRSI contribution, while participants with earnings exceeding that amount are insured under PRSI sub-class A9 which has an employee social insurance liability of 4 per cent of earnings after the first €127. In each case, the employer pays a reduced PRSI contribution of 0.50%.

The requirement to pay PRSI Class A contributions was introduced in the Social Welfare Act, 1996. This extension effectively placed these workers on an equal footing with PRSI Class A workers — both in terms of social insurance liabilities and benefits. Income from CE schemes is assessed as earnings for the purposes of any Social Welfare means tested payments. The implications this has for an individual will depend on the scheme in question as schemes have different income disregards/income limits.

The back to school clothing and footwear allowance (BSCFA) scheme provides a one-off payment to eligible families to assist with the extra costs when their children start school each autumn. The allowance is not intended to meet the full cost of school clothing and footwear but to provide assistance towards these costs. A person may qualify for payment of an allowance if they are in receipt of a social welfare payment or Health Service Executive (HSE) payment, are participating in an approved employment scheme or attending a recognised education or training course and have household income at or below certain set levels. The CE scheme is included, among others, as one of the qualifying payments for the purposes of the BSCFA scheme.

Participants in a CE scheme are assessed under the standard rules for BSCFA and must satisfy the standard means test in order to qualify for payment. The Health Service Executive has advised that it disallowed an application by the person concerned in 2006 as her household income was above the prescribed limit for entitlement to the allowance. The person concerned was advised by the Executive of the decision and she was also informed of her right to appeal. The HSE has further advised that to date they have no record of an application for BSCFA from the person concerned for this year.

The weekly income limit appropriate to a single person with one child when the application was made was in 2006 was €314.90. The limit in 2007 is €331.30.

Róisín Shortall

Question:

423 Deputy Róisín Shortall asked the Minister for Social and Family Affairs if he will arrange for the reinstatement of a payment of jobseeker’s allowance in the case of a person (details supplied) as an effort to resolve the ongoing dispute between his Department and the person in question. [17491/07]

The person concerned was in receipt of jobseeker's allowance from 12 July 2004. On 1 December 2006 he returned his Christmas bonus and weekly payment to his local office as he was unhappy with how his name appeared on the receipt from the Post Office.

Staff in the local office explained the problem to him and wrote to him on 6 December 2006 confirming that the receipt from An Post had been corrected and that the returned payment had re-issued. This was again confirmed to him in writing on 12 December 2006. However, no payment was collected at the post office since 5 December 2006 and the claim lapsed automatically on 2 January 2007.

The staff in the local office have made ongoing efforts to honour his wishes as far as it is possible to do so. He has been invited on many occasions since then to make a new claim but has refused to do so. It is therefore proposed to regard the current inquiry as an application for jobseeker's allowance and process it from a current date.

Question No. 424 answered with QuestionNo. 417.

Róisín Shortall

Question:

425 Deputy Róisín Shortall asked the Minister for Social and Family Affairs if it is possible for a recipient of widow’s pension who would satisfy the medical conditions of invalidity pension to switch to invalidity pension in order to gain an entitlement to the free travel pass; and if not, his intentions to amend legislation to allow same or to extend free travel to recipients of widow’s pension in such circumstances; and if he will make a statement on the matter. [17535/07]

The free travel scheme is available to all people living in the State aged 66 years or over. All carers in receipt of carer's allowance and carers of people in receipt of constant attendance or prescribed relative's allowance, regardless of their age, receive a free travel pass. It is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person's pension. People resident in the State who are in receipt of a social security invalidity or disability payment from a country covered by EU Regulations, or from a country with which Ireland has a bilateral social security agreement, and who have been in receipt of this payment for at least 12 months, are also eligible for free travel.

Widows and widowers aged from 60 to 65 who are permanently resident in the State, whose late spouse held a free travel pass and resided with them on a permanent basis are eligible for the free travel scheme if they are now in receipt of certain social welfare payments including widow/er's contributory or non-contributory pension.

Where a person is in receipt of a particular payment from my Department but would also satisfy the qualifying conditions for another payment, it is possible for that person to switch to the other payment and indeed I would advise people to do so if the other payment would be more beneficial to them. In the case of a person wishing to switch to invalidity pension, he or she would need to satisfy not just the medical conditions but also the social insurance contribution conditions.

Question No. 426 answered with QuestionNo. 412.

Caoimhghín Ó Caoláin

Question:

427 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if he will restore the universality of child benefit; and if he will make a statement on the matter. [17581/07]

In order to qualify for child benefit, applicants must satisfy the Habitual Residence Condition (HRC). The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to new EU Member States without the transitional limitations which were being imposed by many of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere is not paid social welfare payments on arrival in Ireland.

EU regulations provide that EEA nationals who have been employed since coming to this country, are entitled to payment of family benefits under the same conditions as Irish nationals and the habitual residence condition does not apply in their case. Since the introduction of the HRC in May 2004 to May 2007, the total number of child benefit claims refused was 1,780, involving approximately 2,500 children. Refusals mainly apply to people whose claims for asylum have not yet been finalised, or who do not have a work permit or who have a minimal attachment to the workforce in Ireland.

Asylum seekers are provided with direct provision accommodation. In certain cases they may also avail of exceptional needs payments from the local Health Board for the period that their asylum application is being processed.

Voluntary Sector Funding.

Róisín Shortall

Question:

428 Deputy Róisín Shortall asked the Minister for Social and Family Affairs if he will give positive consideration to an application for funding from a group (details supplied) in Dublin 9 under the social inclusion budget within his Department. [17684/07]

My Department administers a scheme of grants for the development and promotion of information and welfare rights. Under the scheme grants are awarded having regard to the purpose of the scheme and the availability of funding. I can confirm that an application has been received from the organisation concerned and is currently under consideration by my Department.

Pension Provisions.

Noel Ahern

Question:

429 Deputy Noel Ahern asked the Minister for Social and Family Affairs the situation in relation to widows and widowers pension and the view of same that widows with their own contribution record should get two pensions, namely their own and survivors since they have their own record and the pensions are separately based; if he will make a statement on the issue in view of the increasing number of people whose partners have their own contribution record. [17769/07]

The social welfare system is based on income replacement with entitlement related to defined contingencies such as sickness, unemployment, old age and widowhood. Social welfare legislation provides that, with some exceptions, only one social welfare payment is payable at the one time. This approach is common to most social security systems across the world and is intended to ensure that resources are applied to the best advantage in meeting the income needs of people who experience the contingencies covered.

There are three main principles which underlie the operation of the PRSI system. As already indicated, generally, only one income support payment may be paid at the same time. Secondly, the contributory principle requires that those qualifying for benefits demonstrate an ongoing and adequate attachment to the social insurance system. Finally, there is the principle of solidarity whereby contributions paid by insured persons are not actuarially linked to benefits at the individual level, but can be redistributed to support other contributors.

In general, qualification for social insurance benefits is based on a person's own contribution record. The widow/er's contributory pension is unique in this regard in that either a personal record or that of a late spouse can be used to qualify. This, combined with a contribution condition which can be satisfied with as little as 3 years contributions, was designed to make qualification for pension achievable and, given the nature of the contingency in question, relatively easy for the majority of widowed people. It was not the intention that these qualifying conditions should be used to allow for the payment of more than one pension.

Noel Ahern

Question:

430 Deputy Noel Ahern asked the Minister for Social and Family Affairs the situation in relation to age of eligibility for retirement age pensions; when retirement ages for men and women were co-ordinated; the rules up to that time; if there have been any campaigns or demands since for separate age limits; and if he will make a statement on the matter. [17775/07]

Social welfare pension schemes have always featured a standard qualifying age for men and women, currently 65 or 66 years of age depending on the scheme. The position in relation to private and occupational schemes is different in that the normal retirement age for each scheme depends on the rules of the individual scheme. Historically, many such schemes provided for different retirement ages for men and women, often 65 and 60 respectively. However, following an EU judgement in 1990 (generally known as the Barber case) schemes had to change their rules to ensure compliance with the principle of equal treatment , as provided for in Part VII of the Pensions Act, 1990.

Part VII of the Pensions Act, prohibits employers from treating persons differently in relation to the normal retirement age for members of a scheme. Where there is inequality, any discriminatory rule is null and void , and must be addressed by providing the more favourable treatment to all affected members until such time as the scheme rules are changed to comply with the principle of equal treatment.

I am not aware of any demand for changes in the way equal treatment principles are applied in relation to retirement ages. Different treatment for men and women in this regard would be contrary to the Pensions Act and, indeed, equality legislation generally.

Social Welfare Code.

Noel Ahern

Question:

431 Deputy Noel Ahern asked the Minister for Social and Family Affairs his views on back to school payments for national and second level school children; the payments and income limits which apply; his further views on introducing a partial or reduced payment for families above the current income limit who also have to pay bills and who often feel discriminated against compared with those qualifying for back to school payments. [17782/07]

The back to school clothing and footwear allowance (BSCFA) scheme provides a one-off payment to eligible families when their children start school each autumn. The allowance is not intended to meet the full cost of school clothing and footwear but to provide assistance towards these costs. A person may qualify for payment of an allowance if they are in receipt of a social welfare payment ( such as Jobseekers Allowance or family income supplement ) , of a Health Service Executive payment, are participating in an approved employment scheme or attending a recognised education and training course and have household income at or below certain set levels. Separately, the Department of Education and Science operate a book grant scheme for primary and secondary schools.

From June 2006, an allowance of €120 was payable in respect of qualified children aged from 2 to 11 years, or €190 in respect of qualified children aged from 12 to 22 years. As announced in Budget 2007, the rate of payment of BSCFA is being increased by €60 per child for children aged 2 to 11 years old and €95 for children aged 12 to 22. In each case, this is a 50% increase. The new rates (applicable for 2007) are €180 for children aged 2 to 11 years old and €285 for children aged 12 to 22. This increase will provide a considerable boost to families at a time of considerable expense in the year. The annual expenditure on the scheme will increase to €38.1m as a result of this measure. The number of children that will benefit in 2007 is expected to be slightly higher that those benefiting in 2006 as the income limit is increased for 2007.

The back to school clothing and footwear allowance scheme to be an important support for parents and I am satisfied that the improvements to the scheme for this year and next year provide a major boost to meeting the financial costs associated with return to school for those who most need assistance. The adequacy of back to school clothing and footwear allowance payments will be kept under review. Any further changes to the scheme such as a reduced rate for the people whose income is above the relevant limit, would have to be considered in the context of future Budgets and in the light of the resources available to me for improvements in social welfare generally.

Social Welfare Appeals.

Tony Gregory

Question:

432 Deputy Tony Gregory asked the Minister for Social and Family Affairs when a decision will be made on the appeal for a carer’s allowance by a person (details supplied) in Dublin 11. [17786/07]

Following a review, the person's claim for carer's allowance was disallowed by a Deciding Officer on the grounds that her means exceeded the statutory limit for receipt of this payment. The person concerned appealed to the Social Welfare Appeals Office against this decision. In accordance with the statutory requirements, the relevant department papers and comments of my Department have been sought. On receipt of their response the case will be referred to an appeals officer for consideration of the appeal.

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

Departmental Projects.

Tom Sheahan

Question:

433 Deputy Tom Sheahan asked the Minister for Social and Family Affairs the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18188/07]

My Department has not had any projects approved in 2007 which exceeded the threshold for a cost benefit analysis.

Departmental Funding.

Aengus Ó Snodaigh

Question:

434 Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs if consideration has been given to ensuring that adequate funding is available to cover the running costs of a project (details supplied) in Dublin 10; and if he will make a statement on the matter. [16698/07]

The centre referred to by the Deputy is in receipt of funding from a number of agencies, including the Young Peoples Facilities and Services Fund (YPFSF) and the Emerging Needs Fund, both of which operate under my Department. Apart from these two Funds, the Health Service Executive, FÁS and Dublin City Council also provide finances for the running costs and staffing of the centre. It is currently nearing completion and I understand that it is expected to open in the autumn.

Under the YPFSF, the centre received capital funding of €963,000 towards the development of the centre and an initial annual allocation of €316,000 for the employment of a number of staff (including a centre manager, a senior youth worker and two youth workers) and a contribution towards the running costs associated with the Fund's target group (i.e. 10 to 21 year olds who are at risk of drug misuse).

In addition, further funding of just under €100,000 p.a. was recently approved under the Fund which brings the overall annual allocation to approximately €415,000 (€80,000 for running costs with the remainder covering staff costs). My Department has also provided a further €65,000 through Ballyfermot Local Drugs Task Force under the Emerging Needs Fund for the employment of a dedicated Youth Outreach Worker to work with at risk/recreational drug using young people. I am confident, therefore, that the substantial capital and current funding allocated by my Department will enable the project to cater well for the target group of the YPFSF.

Willie Penrose

Question:

435 Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if his Department will take steps via Waterways Ireland to provide a significant element of the funding to Westmeath County Council to enable the replacement of the Green Bridge, Mullingar, which is an essential part of the access to Mullingar town, and which has been deemed by Waterways Ireland to be unsafe for any vehicle with a weight in excess of three tonnes; and if he will make a statement on the matter. [16712/07]

I refer the Deputy to my reply to Question No 184 of 22 Márta 2007. As the Deputy is aware, Waterways Ireland has informed me that the replacement of the bridge in question is a matter for Westmeath County Council and not for the Body. While Waterways Ireland will assist the County Council in any way possible, in relation to site access, for example, the provision of funding for works to bridges to meet modern road loading standards is not within the remit of the Body.

Willie Penrose

Question:

436 Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if his Department has approved funding in respect of an employment development information project (details supplied) in County Longford; if he will take steps to ensure that same is now considered favourable for such funding as it is providing a very essential service for the region; and if he will make a statement on the matter. [16713/07]

In 2006 the Centre received funding of approximately €59,000 under the Local Development Social Inclusion and the LEADER+ programmes. It is the intention that funding under these programmes will continue and be increased during 2007. In addition the Centre received €5,000 in 2006 to assist it with development of a business plan to qualify for funding under the Community Services Programme. This business plan is currently being appraised and I expect the group will be notified of the outcome shortly.

Separately the Centre has applied for funding under the Dormant Accounts Flagship Programme. Processing of a number of applications under this programme, including the centre's application is ongoing.

Grant Payments.

Tom Hayes

Question:

437 Deputy Tom Hayes asked the Minister for Community, Rural and Gaeltacht Affairs when a decision will issue in the case of a group (details supplied) in County Tipperary which has submitted an application to the community and voluntary supports division for the provision of an extension to a hall; and if their application will be successful. [16784/07]

The Group to which the Deputy refers was recently awarded €40,000 under the Programme of Grants for Locally-Based Community & Voluntary Organisations. The Group have been notified in writing of this decision.

Michael Ring

Question:

438 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if an organisation (details supplied) in County Mayo will be approved a grant. [16833/07]

An estimate of the cost of works on this road has been received from Mayo County Council and the application will be considered when the next programme of works under Scéim na mBóithre Áise is being prepared.

Michael Ring

Question:

439 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs when persons (details supplied) in County Mayo will be approved and awarded a gaeltacht house grant. [16888/07]

The application in question, which I am advised had been delayed due to title issues, has now been processed and my Department will be in contact with the applicant in the very near future.

Departmental Programmes.

Michael Ring

Question:

440 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if he will include a primary school (details supplied) in County Mayo in the next review of the CLÁR area; and if he will make a statement on the matter. [17037/07]

The CLÁR Programme is a targeted investment programme in rural areas. The areas originally selected for inclusion in the programme were those which suffered the greatest population decline from 1926 to 1996, with the exception of the Cooley Peninsula (which was included based on the serious difficulties caused there by Food and Mouth disease).

The areas covered by CLÁR were reviewed in 2003 and, again, in 2006. The total number of counties now covered is 23 with a population of nearly 727,000. At the time of the CLÁR extensions, the Electoral Division of Breaghwy (ID number 29072) was not selected for inclusion in the Programme as it did not fit the criteria. The population of Breaghwy increased from 904 in 1926 to 1361 in 2002, which resulted in an increase of 50.55% in the number of persons living in this electoral division. Accordingly, the school referred to by the Deputy is not eligible for CLÁR funding. I have no plans at present for any further expansion of the areas covered by CLÁR.

Jimmy Deenihan

Question:

441 Deputy Jimmy Deenihan asked the Minister for Community, Rural and Gaeltacht Affairs if he will approve CLÁR funding for the Islandboy group water scheme, Duagh, County Kerry; and if he will make a statement on the matter. [17518/07]

An application for CLÁR funding in respect of the upgrading of the Islandboy group water scheme was received in my Department in April 2007. Under the conditions governing CLÁR funding for such schemes, ancillary costs must not exceed 25% of the contractor's tender sum. However, in this instance, ancillary costs are in excess of 25% and accordingly, the application has been referred to Kerry County Council for consideration and their advice is awaited. A decision on the application will be made as soon as possible.

Departmental Projects.

Tom Sheahan

Question:

442 Deputy Tom Sheahan asked the Minister for Community, Rural and Gaeltacht Affairs the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18179/07]

No such projects have been approved in my Department to date in 2007. For the sake of completeness, however, I should inform the Deputy that one project — the provision of major new marine facilities at Cill Rónáin, Árainn — with an estimated cost in excess of the €30m threshold is currently going through the requisite approval processes in my Department. A cost benefit analysis has been carried out in this case by management consultants McClure Watters, following a tendering process.

Afforestation Programme.

Michael Ring

Question:

443 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if legal proceedings will be initiated under the Forestry Act 1946, section 4 (3) in a case (details supplied) in County Mayo; and if she will make a statement on the matter. [16843/07]

Michael Ring

Question:

463 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if proceeding will be taken under the Forestry Act 1946 in relation to the illegal felling of trees in County Mayo; and if so, the position on the matter. [16886/07]

I propose to take Questions Nos. 443 and 463 together.

Following an inspection of this case by the Forestry Inspectorate of my Department in February of this year it was recommended that prosecution be pursued under the Forestry Act 1946, as the felling took place without a Licence. The matter has now been passed to the Legal Department of my Department to initiate legal proceedings. Under the Forestry Act 1946 Section 4(3) proceedings may be instituted at any time within one year from the date of the offence.

James Bannon

Question:

444 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food her targets to increase the planting of new forestry to support climate change strategy and to reduce annual imported fossil fuel spend and lower carbon emissions; and if she will make a statement on the matter. [16493/07]

There are no specific targets for afforestation to support climate change strategy in the National Climate Change Strategy 2007-2012, published in April 2007. The Strategy does, however, acknowledge the key role played by the forestry sector in addressing climate change through emission reductions, carbon sequestration and the development of renewable energy resources. One of the main reasons for the continued significant investment in forestry is the positive effect it has on climate change.

Grant Payments.

James Bannon

Question:

445 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food her plans to deliver on a suckler cow support scheme; and if she will make a statement on the matter. [16497/07]

The proposals for an Animal Welfare, Recording and Breeding Scheme for Suckler Herds were originally submitted to the European Commission in December 2006 as part of the Draft Rural Development Programme 2007-2013. In discussions with the Commission on the RDP they requested that nationally funded measures, such as this Scheme, be removed from the Programme. My department therefore prepared an application for State Aid approval separately, as required under EU rules. This is currently under consideration by the Commission. My Department is in contract with the Commission with a view to advancing this consideration as rapidly as possible.

Rural Development.

James Bannon

Question:

446 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the action she will take to relieve the growing mountain of red tape and bureaucracy which is driving farmers off the land; and if she will make a statement on the matter. [16498/07]

I am fully committed to reducing unnecessary bureaucracy in the administration of the Common Agriculture Policy and one of my main priorities is to pursue simplification of procedures at farm level. The adoption by Ireland of full decoupling under the Single Payment Scheme, thereby replacing six EU subsidy schemes each with complex application, qualification and implementation procedures, demonstrates in a very tangible manner the extent of my commitment. I have also, on a continuous basis, applied the benefits of IT, wherever possible, in the interests of quality customer service.

I fully support the EU Commission's ongoing efforts to reduce the regulatory burden of administration on producers, food processors and national administrations and I am contributing actively to this process. I have raised this issue on numerous occasions with the Commissioner and, indeed, with the Presidency which has given the highest priority to the process of simplification and the reduction of the bureaucratic burden of the CAP. Among my main concerns is the lack of advance notification of inspections under the Single Payment Scheme and the level of sanctions to be applied under cross-compliance, including the extent of tolerance applied where non-compliance is inadvertent or negligible. I have made these points on a number of occasions in the Council of Ministers and urged the Commissioner to present proposals to improve the current situation as quickly as possible. I have also raised these matters with a number of EU Ministerial colleagues in order to garner support for my position.

In this connection, I very much welcome the report on cross-compliance presented by Commissioner Fischer Boel to the Council of Ministers and the conclusions agreed at the Council on 11/12 June. I particularly welcome the Commission's proposals to introduce tolerances for minor infringements, to fix a threshold below which financial penalties will not be applied, to use the results of existing controls to rationalise the system of inspections, to amend the 10-month rule and to examine ways of improving the practicability and coherence of the rules on control rates and advance notice of inspections.

I will continue to pursue these issues actively with the Commission and other Member States.

Grant Payments.

Pat Breen

Question:

447 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when persons (details supplied) in County Clare will receive their REP scheme payment; and if she will make a statement on the matter. [16505/07]

Animal Imports.

Bernard J. Durkan

Question:

448 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the details of animals imported for use in circuses here in 2006, including the species, the number, their countries of origin and the circuses to which they were attached; and if she will make a statement on the matter. [16535/07]

The information sought by the Deputy is set out in the table. The names of the circuses to which the animals were ultimately destined have been withheld due to the commercial nature of the information sought.

Date

No. & Description of Animals

Country of Origin*

9/1/2006

2 Elephants 1 Rhino 1 Hippo

Italy

27/1/2006

1 African Elephant 1 Asian Elephant

Germany

2/6/2006

1 Rhino 1 Hippo 2 Elephants

Northern Ireland

11/9/2006

1 Elephant

Germany

*The only information available to DAF is the country from which the animals were directly imported into Ireland.

Grant Payments.

Olwyn Enright

Question:

449 Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food when she will be in a position to expedite payment to a person (details supplied) in County Offaly under the REP scheme; and if she will make a statement on the matter. [16568/07]

Paul Kehoe

Question:

450 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food if she will verify every payment a person (details supplied) in County Wexford has received from her Department since 2000 to date in 2007 and what the payment was for; the amount of each payment; and if she will make a statement on the matter. [16594/07]

The records of my Department show the person named having received payments under both the Single Payment Scheme and the Arable Aid Scheme.

Under the Single Payment Scheme, the following payments issued to the person named: €46.38 issued on 23 March 2007, cashed on 4 April 2007; €556.56 issued on 4 December 2006, cashed 13 December 2006; €556.56 issued on 16 October 2006, cashed on 7 November 2006; €34.78 issued on 12 July 2006, cashed on 13 December 2006; €1,124.71 issued on 1 December 2006, cashed on 9 January 2006.

The following payments issued to the person named In respect of the Arable Aid Scheme: €1,171.44 issued on 16 November 2004, cashed on 8 February 2005; €1,194.02 issued on 17 November 2003, cashed on 4 December 2003; €1,195.08 issued on 24 February 2003, cashed on 10 March.

Farm Retirement Scheme.

Dan Neville

Question:

451 Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food when a farm retirement pension will be granted to a person (details supplied) in County Limerick. [16615/07]

Payment of the Early Retirement pension to the person named will begin within the next week. Arrears of pension back to 28 December 2006, the date of valid application, will be included with the first payment.

Departmental Staff.

Michael Noonan

Question:

452 Deputy Michael Noonan asked the Minister for Agriculture, Fisheries and Food if she will alter the terms of the promotion for persons who are successful in the competition for assistant agri-inspector positions, in order that successful candidates are made aware of their proposed work location before they accept an offer; and if she will make a statement on the matter. [16633/07]

My Department's current policy is to inform candidates of their proposed location when offering promotion to the grade of Agricultural Inspector.

Grant Payments.

Denis Naughten

Question:

453 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food if she will review the single farm payment over-claim penalty applied to a person (details supplied) in County Offaly in view of the fact that the claim was based on the digitised maps provided by her Department; and if she will make a statement on the matter. [16677/07]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 26 April 2006.

As part of the control procedures under EU legislation, governing the Single Payment Scheme, the application was randomly selected for and was the subject of an eligibility and cross compliance inspection. The findings of the inspection of 12 September 2006 was that the applicant had submitted over-claims in respect of five parcels. The total area claimed of 75.64 hectares was subsequently reduced to the found area of 73.60 hectares. Under EU Regulations, if the total number of eligible hectares found on an inspection is not sufficient to support the number of entitlements held a penalty is applied as set out in the Terms and Conditions of the Scheme. In this case, as the difference between the area claimed and area found was greater than two hectares, a penalty of double the difference was applied, as provided for under the regulations governing the Scheme, and the number of hectares eligible for payment was reduced to 69.52 hectares.

These findings were notified to the person named on 10 October 2006. He was also notified of his right to seek a review of this decision. A request for a review was received on 5 March 2007. This review is currently being considered and a Department official will be in contact with the person named within the next two weeks to arrange a suitable time to re-inspect the parcels in question.

John Perry

Question:

454 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food when a single farm payment will be issued to a person (details supplied; and if she will make a statement on the matter. [16737/07]

An application under the 2006 Single Payment Scheme was received from the person named on 19 April 2006. In accordance with the provisions of the EU Regulations governing the Single Payment Scheme, the application was randomly selected for inspection. The inspection, which was carried out on 17 November 2006, confirmed the detail of the application as submitted by the person named.

Full payment of €8,730.17 issued to the person named on 29 January 2007 and was cashed on 1 February 2007. The refund of the modulation deduction of €200.00 issued on 15 March 2007 and was cashed on 11 April 2007.

Farm Retirement Scheme.

Paul Kehoe

Question:

455 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the reason for the delay in processing the early farm retirement for a person (details supplied) in County Wexford and when payment will be made; and if she will make a statement on the matter. [16781/07]

It was necessary to suspend payment of the Early Retirement pension to the person named in October 2006, because her farming transferee disposed of a portion of the pension lands. This could have been a breach of the Scheme requirements. On investigation, however, my officials established that the lands disposed of had been replaced with an equivalent area, so no breach of the Scheme had taken place. At the end of June 2007 payment of the pension in this case will be restored, retrospective to the date of suspension.

Question No. 456 withdrawn.

Grant Payments.

Michael Lowry

Question:

457 Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Tipperary had single farm payment entitlements issued to another person; if entitlements will be established and payment issued without delay; and if she will make a statement on the matter. [16831/07]

The person named and his brother had been farming together. In the year 2000 they decided to apply to have one brother's name removed from the herd number. This was done in 2001. The reference years for the Single Payment Scheme were 2000 to 2002. Some Single Payment entitlements were in the joint names of the two brothers and the remainder was in the name of the person named. Arrangements are now being made to transfer the remaining entitlements to the person named and my Department will be in contact with him shortly about any outstanding payments.

Michael Lowry

Question:

458 Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food if she plans to revise the categories for eligible applications under the single farm payment national reserve; the time-frame for revision; and if she will make a statement on the matter. [16832/07]

The position is that the Single Payment Scheme is applicable to farmers who farmed during the three -year reference period 2000 — 2002, who drew down livestock or Arable Aid premia in at least one of those years and who continued to farm in 2005. The Single Payment Scheme entitlements established for individual farmers therefore is a true reflection of their farming activity and premia draw-down during the reference period. Special provisions were made for farmers (including young farmers) who entered farming for the first time in either 2001 or 2002. Their Single Payment was determined based on the average of the years 2001 and 2002 or on the basis of premia paid in 2002 as appropriate.

The EU regulations also provided for the setting up of a National Reserve. The Reserve was created by reducing each farmer's individual Single Payment by an amount of up to 1.82%. The purpose of the National Reserve is to try and minimise the impact on farmers who, for a variety of reasons, may find themselves disadvantaged in the transition to the new decoupled support regime as a result of changes in their businesses during or since the reference period. In particular the intention was to provide enhanced or new entitlements for certain farmers who made investments in production capacity or purchased or leased land on a long-term basis or who converted from dairying to a sector for which a direct payment would have been payable during the reference period. Such farmers, at the time when they took these decisions, had a legitimate expectation that the coupled regime of direct payments would continue into the future.

There were mandatory and non-mandatory categories in the 2005 National Reserve. In Ireland's case the mandatory categories were categories A, B(i) B(ii) B(iii) B(iv) and C. The non-mandatory categories were category D (new entrants) and certain hill sheep farmers who were prevented from increasing production during the reference period pending the publication of commonage framework plans. Separate application arrangements were in place for this latter group.

In allocating entitlements to successful applicants in the mandatory categories the Member State must apply objective criteria and ensure equal treatment between farmers. In allocating entitlements to successful applicants in the non-mandatory categories the Member State must ensure that the allocation does not have the effect of increasing the value of any existing entitlements above the regional average value of entitlements. Similarly, the value of any new entitlements allocated to non-mandatory categories must not exceed the regional average. The Member State was allowed to determine what constituted the regional average.

I established a Single Payment Advisory Committee comprising representatives of the farming organisations, Teagasc and officials from my Department to consider the objective criteria that should be used in making allocations from the reserve to the mandatory categories and also the most appropriate way to determine the regional average value of entitlements in the case of the non-mandatory categories. The regional average value of entitlements was the average value of entitlements in the District Electoral Division (DED) associated with the applicant's herd number. This was considered to be a reasonable interpretation reflecting, as it did, the average value of payment entitlements and therefore the average farming activity and premia payments in the DED concerned during the reference period.

The total amount of money available for distribution under Ireland's 2005 National Reserve was some €22.7m. Some €20m was allocated under the 2005 National Reserve with the balance brought forward to the 2006 National Reserve and subsequent years' reserve. The Single Payment Advisory Committee also makes recommendations on the categories of farmers who should benefit from the National Reserve in 2006 and 2007. There was only one mandatory category in the 2006 National Reserve (category A) and one non-mandatory (category B). The 2007 National Reserve catered for one mandatory category (A) and 3 non mandatory categories (B, C and D).

The National Reserve is a scarce resource created by reducing the entitlements of existing farmers and will only be replenished by the relinquishing of any entitlements that remain unused. My Department must therefore be prudent is determining how the funds in the reserve are administered.

Michael Ring

Question:

459 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if there is a delay in the payment of the farm waste management grant to applicants; the reason for this delay; and the steps she will take to address this situation. [16840/07]

Payments under the Farm Waste Management Scheme are progressing satisfactorily with over €31.7 million spent, to date, under the Scheme in 2007 compared to €21.3 million during the whole of the 2006 calendar year.

Michael Ring

Question:

460 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if she will allocate additional staff to the farm development service offices to help clear the backlog in processing farm waste management grant applications; and if she will make a statement on the matter. [16841/07]

Due to the significant increase in applications under the Farm Waste Management Scheme, I introduced revised procedures in order to speed up the process of issuing approvals under the Scheme. These include the streamlining of administrative procedures for the approval of applications and the release to applicants of my Department's Standard Costings used to assess the financial implications of proposed investments carried out under the Scheme. As a result, the number of approvals issued to farmers to commence work under the Scheme has increased significantly. The staffing levels in the local AES offices of my Department are reviewed on an ongoing basis to ensure that the necessary staffing resources are in place to ensure delivery of the Scheme.

Michael Ring

Question:

461 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when the transfer of entitlements to a person (details supplied) in County Mayo will be complete in respect of the land and entitlements they purchased several years ago. [16842/07]

Michael Ring

Question:

464 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when the transfer of entitlements application will be finalised for a person (details supplied) in County Mayo; when this application was first lodged to her Department; if this matter will be expedited; when payments on the entitlements will issue to the person; and if she will make a statement on the matter. [16887/07]

I propose to take Questions Nos. 461 and 463 together. The person named applied in September 2005 to transfer entitlements by way of Private Contract Clause (Sale) under the provisions of Article 17 of EU Commission Regulation 795/2004. He subsequently applied to trade entitlements under Article 46 of EU Council Regulation 1782/2003. The case was complicated by the fact that the person named did not get his own herd number until July 2005 and he did not declare any lands under the 2005 Single Payment scheme.

My Department has now reviewed the case and has decided that the appropriate mechanism to transfer the entitlements is by way of the Private contract clause. This has now been done. Since the person named did not declare any lands under the 2005 Single Payment Scheme, he cannot be paid for that year. Payment under the 2006 Single Payment Scheme will issue to him shortly.

Commonage Division.

Michael Ring

Question:

462 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason shares on commonage have not been attributed to a person (details supplied) in County Mayo by the Land Commission in view of the fact that they should be rightfully theirs; if somebody from her Department or Land Commission will call to this person to resolve the issue; and the reason nobody has called to them in view of the fact that promises were made to this effect. [16885/07]

The allotment of one of the three shares on the commonage to the person named is in accordance with the completion of a scheme prepared by the former Land Commission. One of my Inspectors recently visited the person but he was not home on that occasion. He subsequently spoke to him on the telephone and will be in touch with him again prior to the operation of the scheme.

Question No. 463 answered with QuestionNo. 463.
Question No. 464 answered with QuestionNo. 461.

Grant Payments.

Pat Breen

Question:

465 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Clare will receive payment; and if she will make a statement on the matter. [17001/07]

The person concerned is an applicant under the Farm Waste Management Scheme. Payment will be made by my Department to the applicant shortly.

Registration of Title.

Ned O'Keeffe

Question:

466 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food if she will seek confirmation from the Land Commission that when land was signed over to a person (details supplied) in County Cork from the Land Commission that a small portion of the land was omitted in error in the transfer. [17063/07]

The land the subject of this question was vested by the former Land Commission in 1936 which resulted in the opening of the original Folio, from which the Folios mentioned have devolved. Ownership subsequently changed in 1954 in a private transaction. It was subsequently transferred to the current Folio in another private transaction in 1985. No mention appears to have been made to the small portion of land in any of these transactions. The most recent transaction noted on the Folio was executed in 1985 and from the details supplied it would appear the possible omission was discovered at that stage. I am having the issue investigated and I will write to the Deputy as soon as possible.

Grant Payments.

Michael Creed

Question:

467 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if she will approve an application for installation aid by a person (details supplied) in County Cork at the higher rate of payment. [17223/07]

The higher rate of grant under the Installation Aid Scheme is available to applicants set-up in farming for the first time between 1 May and 31 December 2006 provided they meet the relevant conditions of the Scheme. The person concerned has only submitted an initial application (IAS 1) under the Scheme and has not yet submitted an application for payment (IAS 2). Final verification of the applicant's date of set-up will be carried out when his IAS 2 form is received. Only those farmers set-up in farming for the first time between the dates referred to above will be eligible for the higher rate of grant under the Installation Aid Scheme.

Michael Creed

Question:

468 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if her Department has received correspondence regarding the sale of farm entitlements from a person (details supplied) in County Cork and if she will expedite a response. [17224/07]

The position is that an application for the Transfer of Entitlements from the person named under the 2007 Single Payment Scheme was submitted on the 2nd of March 2007. This application has been processed and acceptance letters issued to the person named informing him that 21.06 entitlements were transferred by way of sale to another farmer. A separate application was also submitted to transfer entitlements from the person named under the 2007 Single Payment Scheme on the 9th of March 2007. This application has also been processed and acceptance letters issued informing the person named that 17.66 entitlements were transferred by way of sale to another farmer.

Rural Environment Protection Scheme.

Michael Ring

Question:

469 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when REP scheme 4 will be introduced and started. [17420/07]

REPS 4 will form part of the new Rural Development Programme for the period from 2007 to 2013. The draft Programme was sent to the European Commission in late December 2006. Since then, my officials have responded to a substantial number of queries and requests for clarification from their counterparts in the Commission services. I am hopeful that this process is coming to a conclusion and that approval for the new Scheme can be obtained within a reasonably short period.

Farm Waste Management.

John Perry

Question:

470 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food the status of an application for a slatted shed by a person (details supplied) in County Sligo; and if she will make a statement on the matter. [17458/07]

The person concerned is an applicant under the Farm Waste Management Scheme and has received approval from my Department to commence the relevant works. However, notification of completion of works (Card C) and related supporting documents have not yet been received from the applicant.

John Perry

Question:

471 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food when an inspection will be carried out for a person (details supplied) in County Sligo; and if she will make a statement on the matter. [17459/07]

The person named is an applicant for grant-aid under the Farm Waste Management Scheme. Approval to proceed with the relevant works was issued by my Department to the person concerned on 31 May 2007.

Animal Diseases.

John Perry

Question:

472 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if her attention has been drawn to the fact that a person (details supplied) in County Sligo was restricted due to a tuberculosis reactor animal; and if she will make a statement on the matter. [17462/07]

The EU Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals provides that, where an animal reacts positively to a TB test, the officially tuberculosis-free status of a herd is to remain withdrawn until all animals over six weeks of age have reacted negatively to at least two consecutive tuberculin tests, the first no less than 60 days and the second no less than four months and no more than 12 months after the removal of the last positive reactor.

The herd in question had one TB reactor animal disclosed on a contiguous test on 15 February 2007. This animal was slaughtered on 23 February 2007. The first reactor retest for this herd was completed on 26 April 2007 and did not disclose any reactors. The second reactor retest is due to take place on 26 June 2007. If this second retest is clear, this herd will be de-restricted.

Grant Payments.

Bobby Aylward

Question:

473 Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food when balance of single payment will issue to a person (details supplied) in County Kilkenny. [17484/07]

The person named submitted an application under the Consolidation measure of the 2005 Single Payments Scheme. Difficulties have arisen in relation to the application to consolidate the applicant's entitlements. This affects his 2006 Single Payment. An official of my Department will make direct contact with the person named with a view to resolving these difficulties.

Animal Welfare.

Róisín Shortall

Question:

474 Deputy Róisín Shortall asked the Minister for Agriculture, Fisheries and Food if her attention has been drawn to the fact that no legislation exists here banning the trade in cat and dog fur, that no legislation exists requiring the mandatory labelling of cat and dog fur products and that no data are collected here regarding the amount of trade of cat and dog fur, or the import of cat and dog fur; her plans to introduce legislation in this regard; and if she will make a statement on the matter. [17524/07]

Róisín Shortall

Question:

475 Deputy Róisín Shortall asked the Minister for Agriculture, Fisheries and Food the position of Ireland in relation to the European Commission proposal to introduce a regulation of the European Parliament and of the Council banning the placing on the market and the import of, or export from, the European Community of cat and dog fur and products containing such fur and specifically the representations made by Ireland to close the loophole in the proposal which would allow the trade to continue in the EU as long as the pelts are labelled as originating from cats and dogs that have not been bred or killed for fur production. [17526/07]

I propose to take Question Nos. 474 and 475 together.

Last year the EU Commission presented proposals for a Regulation banning the import to or export from the Community and the placing on the market of cat and dog fur and products containing such fur. The proposal, which has my full support, was introduced to address EU citizens' concerns regarding the adverse treatment of companion animals slaughtered to obtain fur. It aims to create a harmonized approach in the EU on prohibiting all production, marketing and imports and exports of cat and dog fur. Once it is formally adopted, legislative measures will be introduced in Ireland to give effect to the ban on the production of and trade in such products.

Departmental Projects.

Tom Sheahan

Question:

476 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food the projects approved in her Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18176/07]

The Department of Finance's "Guidelines for the Appraisal and Management of Capital Expenditure Proposals in the Public Sector" require that projects of a value in excess of €30 million be subject to a full cost/benefit analysis. Almost all capital expenditure in my Department relates to capital grant schemes involving relatively small scale investments by farmers and others in the agri-food sector. There were no capital projects costing in excess of €30m, and therefore requiring detailed cost/benefit analysis, undertaken by my Department in the period referred to.

Special Educational Needs.

Bernard J. Durkan

Question:

477 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school placement will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16559/07]

As the Deputy is aware a specific function of the National Council Special Education, through its network of local Special Educational Needs Organisers (SENOs), is to identify appropriate educational placements for all children with special educational needs. The SENO is a focal point of contact for parents and school and is available to parents to provide support and advice. Officials in my Department have brought this case to the attention of the SENO concerned who, I understand, had not previously been contacted or advised of any difficulty in securing placement. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie. I am pleased to inform the Deputy that the child in question is in receipt of 20 hours per week home tuition to facilitate early educational intervention.

Pupil-Teacher Ratio.

Jan O'Sullivan

Question:

478 Deputy Jan O’Sullivan asked the Minister for Education and Science if she is in a position to furnish information previously requested on the number of children in primary schools in class sizes of under 20, 20 to 29, 30 to 39 and 40 or over in tabular form on a county basis; and if she will make a statement on the matter. [17834/07]

Richard Bruton

Question:

555 Deputy Richard Bruton asked the Minister for Education and Science the number of children in class sizes under 20, 25 to 30 and over 30 in primary schools across Dublin North-Central; the same information for these schools in respect of infant classes; the way she stores and collates this information; and the reason her Department can offer information on a Dublin wide scale but cannot on a school basis. [17369/07]

I propose to take questions Nos. 478 and 555 together.

Information in relation to class size is provided by the annual census of primary schools. Work on the census for the current school-year (2006/07) is nearing completion. The information is stored in a database and tables detailing class size information for each county are routinely issued by my Department. Information is not routinely extracted and provided on a school-by-school basis as to do so would require a disproportionate amount of administrative time and make it impossible for staff to complete essential work.

Third Level Funding.

Pat Breen

Question:

479 Deputy Pat Breen asked the Minister for Education and Science her plans for extra funding for the university sector in view of the fact that students are experiencing first hand the consequences of inadequate input into the provision of basic necessities that is books and facilities in colleges; and if she will make a statement on the matter. [16502/07]

Spending by my Department on Higher level education has increased dramatically in recent years. An amount of €783 million has been allocated to the university sector for 2007. This represents an increase of €111m since 2005. The funding being provided in 2007 marks a continuation of the significant upward trend in recurrent funding for the sector.

The overall provision by my Department for the Higher Level sector amounts to some €1.9 billion for 2007. This represents more than a doubling of the funding made available since 1997. In 1997, the amount of funding provided to the Higher level sector was approximately €850 million. The funding being provided in 2007 represents an increase of over €1 billion or 124% on the 1997 provision.

Support for reform and development at third level and the creation of world class excellence at fourth level are now central Government priorities. The new National Development Plan 2007-2013, recognises the critical role of higher education in the national innovation system that will be the basis of Ireland's economic and social development. The Plan identifies the full funding of the sector — over €13 billion through the period — as a key strategic investment under the Plan.

Unprecedented investment is now being made in our higher education system in pursuit of the development of the knowledge base on which Ireland's growth strategy, and the economic and social benefits that will flow from that, depends. Supporting our higher education institutions is a major policy priority. The targeted investments that this Government is now making in our higher education infrastructure, in promoting excellence through system wide collaboration and change, in widening access and in creating a vibrant fourth level sector are key long-term investments in Ireland's future.

Computerisation Programme.

Thomas P. Broughan

Question:

480 Deputy Thomas P. Broughan asked the Minister for Education and Science the levels of information and communication technology facilities and broadband services being provided for a school (details supplied) in Dublin 13; if she will ensure that the school is provided the optimum level of ICT facilities and services as a matter of priority; and if she will make a statement on the matter. [16520/07]

As the Deputy will be aware, the recent investment priorities under the ICT in Schools Programme have been the provision of networking grants to schools and the Schools Broadband Access Programme. In this context, the school concerned received a networking grant of €6,000 in 2004. The school had its broadband connectivity installed in October, 2005 however, the school must confirm that it has an Acceptable Use Policy in place and it must indicate which content filtering option it requires prior to the activation of its connectivity via the Schools National Broadband Network. My officials have advised that the school only returned its AUP in May 2007.

I am aware of the benefits that good use of ICT can bring to our children's education and I am conscious of the need for further investment to ensure that we are realising the full potential of ICT to improve the learning experience for our young people. To that end, I intend to publish a new ICT strategy in 2007 covering the period of the National Development Plan to 2013. The National Development Plan contains a provision of €252m for ICT in schools, the essential purpose of which is to embed an e-Learning culture in teaching and learning in our schools.

Schools Recognition.

Richard Bruton

Question:

481 Deputy Richard Bruton asked the Minister for Education and Science if she will examine the present system under which her Department recognises and supports the opening of non-denominational schools and their patron bodies, bearing in mind in particular the difficulty in getting long-term recognition and suitable accommodation for such schools even though there is a substantial and growing demand for this education option; and if she will make a statement on the matter. [16523/07]

The criteria and procedures for the recognition of new primary schools were revised in 2002 based on the recommendations of a report of the Commission on School Accommodation, on which the Education Partners were represented. Applications for the recognition of new primary schools are assessed by an independent advisory board (the New Schools Advisory Committee) on the basis of the facts provided by the patron body in support of the case for the new school and the likely demand for places. The report and the recommendations of the NSAC inform the Minister's decision on applications for recognition.

A central element of this process is that patron bodies wishing to establish new schools must identify the level of demand for the provision of education under the ethos proposed and that potential enrolment will meet certain minimum targets. Under this process all patron bodies are treated on an equal footing regardless of whether they are non-denominational, denominational, inter-denominational or multi-denominational.

It has become evident that, in some rapidly developing areas, the traditional manner in which Patron's establish schools can no longer be assumed. In recognition of this phenomenon, I announced earlier this year, the development of a new Patron model, with the VEC to act as Patron. This suggested model has been broadly welcomed by the Education Partners.Work on the development of a new Patron model is on-going within the Department in consultation with the Education Partners.

Third Level Fees.

Richard Bruton

Question:

482 Deputy Richard Bruton asked the Minister for Education and Science her views on introducing concessions on student fees for persons who are studying part-time as part of an initiative to upgrade educational standards of the workforce; and if she will make a statement on the matter. [16524/07]

As the Deputy may be aware, the Towards 2016 agreement contains a commitment to put a targeted scheme in place to alleviate fees in public institutions for part-time courses at third level for those at work who have not previously pursued a third level qualification. The new Programme for Government also provides for a new system of means-tested free fees for approved courses.

Schools Building Projects.

Jimmy Deenihan

Question:

483 Deputy Jimmy Deenihan asked the Minister for Education and Science the situation in relation to the provision of a new school to replace an existing one (details supplied) in County Kerry; and if she will make a statement on the matter. [16532/07]

Jimmy Deenihan

Question:

544 Deputy Jimmy Deenihan asked the Minister for Education and Science when a decision will be made on the selection of a green-field site for the new school at Listellick, Tralee, County Kerry; and if she will make a statement on the matter. [17120/07]

I propose to take question Nos. 483 and 544 together.

An application for capital funding towards the provision of a new school on a greenfield site has been received from the school authority to which the Deputy refers. The application has been assessed and the long-term projected staffing figure on which accommodation needs will be based has been determined and notified to the school authority. The Property Management Section of the Office of Public Works (OPW), which acts on behalf of the Department in relation to site acquisitions generally, has been requested to source a suitable site for this school. My Department has been advised by the OPW that a suitable site has been identified and acquisition of same is currently under way.

Special Educational Needs.

Bernard J. Durkan

Question:

484 Deputy Bernard J. Durkan asked the Minister for Education and Science the reason resource teaching assistance will not be offered to a person (details supplied) in County Kildare; if a review can or will be undertaken as a matter of urgency in this regard; and if she will make a statement on the matter. [16536/07]

As the Deputy will be aware, my Department provides a range of teaching and care supports for children of school-going age with special educational needs, including children with Down Syndrome. The precise level of support is determined by the special educational needs of the particular child.

Children with Down Syndrome are entitled to additional provision in school, either under the terms of the general allocation system of teaching supports if the educational psychological assessment places the child in the high incidence disability category or through an allocation of additional resources if the child is assessed as being within the low incidence category of special need, as defined by my Department's circular. In circumstances where a Down Syndrome child has other associated needs and would fall into the low incidence disability category, this would automatically attract additional resource teaching support. Such applications are made to the local special educational needs organiser by the school.

It is my understanding that the needs of the child referred to by the Deputy fall to be catered for from the general allocation system of learning support and resource teaching (LSRT) support. The school in question has a general allocation of 1 LSRT post. It is open to the school to identify the pupils with learning support and high-incidence special education needs that will receive this supplementary teaching support. The school can use its professional judgement to decide how these hours are divided between different children in the school, to ensure that all their needs are met. My Department issued a guidance circular to schools which contained detailed information on how the new system operates.

The general allocation system was implemented with effect from September 2005 and it is intended that it will be reviewed after three years of operation.

Pupil-Teacher Ratio.

Bernard J. Durkan

Question:

485 Deputy Bernard J. Durkan asked the Minister for Education and Science when the pupil-teacher ratio will be reduced regarding class sizes in a school (details supplied) in County Kildare; and if she will make a statement on the matter. [16537/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Data submitted to the Department by the Board of Management of the school referred to by the Deputy, indicates that the enrolment in the school on 30th September 2005 was 422 pupils. In accordance with the staffing schedule (Circular 0023/2006), which is available on the Department's website at www.education.ie, the mainstream staffing in the school for the 2006/07 school year is a Principal and 15 mainstream class teachers.

The enrolment in the school on 30th September 2006 was 432 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, I am pleased to inform the Deputy that the mainstream staffing in the school for the 2007/08 school year will be a Principal and 16 mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn.

It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. They are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Department's website. Hard copies of this circular have issued to primary schools.

An appeal must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. The standard application form is available from Primary Payments Section or on the Department's website.

The first meeting of the Appeal Board was held on the 22 May, 2007. Further meetings will be held in July and October, 2007. The closing date for the receipt of an appeal for the July meeting was 22 June while the closing date for the October meeting is 12 October. The Appeal Board operates independently of the Minister and the Department and its decision is final.

School Placement.

Bernard J. Durkan

Question:

486 Deputy Bernard J. Durkan asked the Minister for Education and Science when school placement at Kill or Enfield will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16538/07]

Enrolment in individual schools is the responsibility of the managerial authority of those schools and the Department does not seek to intervene in decisions made by schools in such matters. The Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.

It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. In formulating an admissions policy a school must, however, ensure it is lawful. In particular, it must act in accordance with Section 7 of the Equal Status Act 2000 which, subject to very limited exceptions, prohibits schools from discriminating against people in relation to a number of matters including the admission of a pupil to the school.

Currently, under Section 29 of the Education Act 1998, parents of a student who has been refused enrolment in a school may appeal that decision to the Secretary General of this Department. Such appeals are dealt with within 30 days of their receipt and where an appeal is upheld the Secretary General is empowered to direct the school to enrol the student. Otherwise, the National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child.

Special Educational Needs.

Bernard J. Durkan

Question:

487 Deputy Bernard J. Durkan asked the Minister for Education and Science if provision will be made for a resource teacher to assist a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16539/07]

As the Deputy is aware, the Special Educational Needs Organiser (SENO) of the National Council for Special Education (NCSE) is responsible for allocating support teaching and special need assistants as a school-based resource for pupils in need of additional supports.

I understand that the school principal has been in contact with the local SENO regarding the child referred to by the Deputy and the principal will apply for additional supports to the SENO. A decision will be conveyed by the SENO to the school as soon as the application has been received and processed.

School Placement.

Bernard J. Durkan

Question:

488 Deputy Bernard J. Durkan asked the Minister for Education and Science if a school place can be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16540/07]

The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB has informed my Department that the young person in question is an 18 year old student who has just completed her studies at the school referred to by the Deputy. The school has advised the NEWB that they have been actively seeking a training placement for the student through the National Learning Network. The school has also advised the NEWB that a place will be offered to the student in a Training Centre.

Special Educational Needs.

Bernard J. Durkan

Question:

489 Deputy Bernard J. Durkan asked the Minister for Education and Science the procedure her Department applies with regard to the allocation of special education teachers to schools; if the allocation of teachers differs in boys and girls schools based on the schools roll for boys and girls; her plans to address this matter; and if she will make a statement on the matter. [16541/07]

I take it that the Deputy is referring to the general allocation system of learning support/resource teacher (LSRT) support in primary schools. The Deputy may be aware that the general allocation system was implemented with effect from September 2005. The system is intended to cater for pupils with high incidence disabilities such as mild general learning disability and dyslexia and pupils with learning support needs.

The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard. It reduces the need for individual applications and supporting psychological assessments and puts resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels. This allows for better planning in schools, greater flexibility in identifying and intervening earlier with regard to pupils' special needs, as well as making the posts more attractive to qualified teachers.

Staffing levels under the general allocation model are allocated on the basis of the following categories of school. For larger schools, differing pupil-teacher ratios apply to boys', mixed and girls' schools; schools for boys with 135 pupils or more get their first post at 135; second post at 295; third post at 475, fourth post at 655, and so on. Mixed schools with 145 pupils or more get their first post at 145; second post at 315; third post at 495, fourth post at 675, and so on. Schools for girls' with 195 pupils or more get their first post at 195; second post at 395; third post at 595; fourth post at 795, and so on. All designated disadvantaged schools get their first post at 80; second post at 160; third post at 240; fourth post at 320, and so on. It should be noted that schools qualify for a pro rata part of a post for pupil numbers below the enrolment point for the first post and between the first and second post, the second and third post, and so on.

For small schools, in order to ensure that small schools are not disadvantaged by the introduction of the general allocation model, the point at which smaller schools can appoint their first post is significantly reduced. For the purposes of the general allocation model, a boys' school is considered to be small if it has an enrolment of fewer than 135 pupils, a mixed school is considered to be small if it has an enrolment of fewer than 145 pupils, and a girls' school is considered to be small if it has an enrolment of fewer than 195 pupils.

Small schools for boys will qualify for their first post at 100 pupils; small mixed schools will qualify for their first post at 105 pupils; and small schools for girls will qualify for their first post at 150 pupils. However, no additional general allocation will be made to small schools for boys on the basis of an enrolment between 100 and 135, to small mixed schools on the basis of an enrolment between 105 and 145, or to small schools for girls for an enrolment between 150 and 195.

For the purposes of this model, my Department categorises schools that had an enrolment of at least 30 percent boys in the 2003/2004 school year as a mixed school with the allocations in accordance with the ratios for mixed schools above, otherwise the ratios for girls' schools is used. The ratio for schools designated as disadvantaged for the general allocation is 80:1 irrespective of the gender breakdown of the enrolment.

Additional resource teaching support may be allocated to schools in respect of pupils with low-incidence special educational needs, such as autism. Applications, supported by certain professional assessments and recommendations, are submitted by individual schools to their local special educational needs organisers, for consideration. It is intended that the general allocation system of LSRT support will be reviewed after three years of operation.

Home Tuition.

Bernard J. Durkan

Question:

490 Deputy Bernard J. Durkan asked the Minister for Education and Science if a review will be undertaken regarding qualifications of persons who can tutor a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16542/07]

I am pleased to advise the Deputy that the qualifications of the nominated tutor for the child in question are acceptable under the terms of the home tuition scheme and the child's parent has been advised of this position.

Schools Recognition.

Olwyn Enright

Question:

491 Deputy Olwyn Enright asked the Minister for Education and Science if an application for recognition has been received from a national school (details supplied) in County Clare; the status of the application; when a decision will be made on the application; and if she will make a statement on the matter. [16569/07]

The application for the new school referred to by the Deputy was assessed by the New Schools Advisory Committee (NSAC) which is an independent advisory group, established to process applications for the recognition of new primary schools and to make recommendations thereon.

On foot of the NSAC recommendations, I announced earlier this year the establishment of 13 new primary schools, from September 2007 in accordance with the provisions of Section 10 of the Education Act 1998 and the published criteria for recognition of new schools. I also indicated that I would, in order to consider further the application from the school referred to by the Deputy, be prepared to allow this school further time to find an alternative patron for the proposed national school. Subsequently an alternative Patron was sought and this application is currently under consideration.

School Accommodation.

Olwyn Enright

Question:

492 Deputy Olwyn Enright asked the Minister for Education and Science if an application has been received from a national school (details supplied) in County Laois under the grant aid for major works; the status of the application; when a decision will be made on the application; and if she will make a statement on the matter. [16570/07]

I can confirm that the Department is in receipt of an application for large scale capital funding from the management authority of the school to which the Deputy refers. The application is currently being assessed. When this has been completed, the project will be assigned a Band rating under the published prioritisation criteria for large scale building projects and progress on the project will be considered in the context of the multi-annual School Building and Modernisation Programme from 2007 onwards.

School Transport.

Olwyn Enright

Question:

493 Deputy Olwyn Enright asked the Minister for Education and Science the school transport that will be available for a student (details supplied) of a County Offaly school, which is closing, to allow them to attend another national school in the area; the national school they will be attending; and if she will make a statement on the matter. [16571/07]

The School Planning section of my Department has advised that the school referred to by the Deputy in the details supplied is due to close with effect from the end of the current school year. This is a straight closure and not an amalgamation.

In order to be eligible for transport under the terms of the Primary School Transport Scheme, pupils must reside at least 3.2 kilometres from, and be attending their nearest primary school. The parents of the pupil referred to by the Deputy should contact their local Bus Éireann Office to determine their son's eligibility for school transport to his nearest primary school.

Schools Building Projects.

Tom Hayes

Question:

494 Deputy Tom Hayes asked the Minister for Education and Science the position regarding the case of a school (details supplied) in County Tipperary which has applied for additional facilities; if all information requested from the school has been received; and when a decision will be made in this case. [16574/07]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. The position is as outlined on 31 January 2007 to the Deputy. The information requested from the school regarding the need to explore the availability of an alternative site is still awaited. When this information is received in my Department; my Officials will be in a position to further progress the proposed building project at the school in question.

Higher Education Grants.

Paul Kehoe

Question:

495 Deputy Paul Kehoe asked the Minister for Education and Science the status of the appeal for the higher education grant for persons (details supplied) in County Wexford; when a decision will be made; and if she will make a statement on the matter. [16595/07]

My Department received an appeal in relation to the candidates referred to by the Deputy. It will be necessary for officials in my Department to examine the accounts associated with the appeal. As soon as this assessment is complete a decision will be issued to the individuals concerned.

Special Educational Needs.

Paul Kehoe

Question:

496 Deputy Paul Kehoe asked the Minister for Education and Science if representatives from her Department can meet with a unit (details supplied) in County Wexford to discuss the concerns regarding the review of the unit; and if she will make a statement on the matter. [16596/07]

Brendan Howlin

Question:

541 Deputy Brendan Howlin asked the Minister for Education and Science if she has received representations dated 5 June 2007 from a group (details supplied) in County Wexford in relation to its concerns regarding a proposed reduction in special needs assistance for their children; if she will ensure, in relation to this autistic unit, that no child’s current educational programme is changed without a professional educational psychological assessment performed by a psychologist with autism specific experience, that a fair and independent review of the special education needs of each child is carried out before reviewing the level of special needs assistant support and that the National Council for Special Education be central to any such review as the body responsible under legislation for assessing the level of education needs; and if she will make a statement on the matter. [17109/07]

I propose to take Questions Nos. 496 and 541 together.

I am pleased to be given the opportunity to clarify for the Deputies the issues in question. My Department's preferred approach to the provision of appropriate education for children with autism, is through the primary and post primary school network, whether through placement in mainstream classes, in special classes or in special schools, a view that is supported by the findings of the Task Force Report on Autism. My Department supports a multi-skills approach in regard to the education of children with autism where teachers may draw down from a range of autism specific interventions including Treatment and Education of Autistic and Related Communication Handicapped Children (TEACCH), ABA (Applied Behavioural Analysis), Picture Exchange Communication System (PECS).

A third class for pupils with Autistic Spectrum Disorders (ASD) was sanctioned by my Department in the school referred to by the Deputies in October 2006. The sanction was subject to the school adopting a multi-skills approach to the provision of support for the pupils in all three ASD classes. The report on a recent review of these classes by my Department's Inspectorate will form the basis for further discussion with the Board of Management of the school, the National Council Special Education (NCSE), the Special Education Support Service (SESS) and officials in my Department with the focus on ensuring provision of a child centred approach to the education of the pupils concerned. A meeting with the school Board of Management is scheduled for the autumn.

I acknowledge receipt of the associated correspondence referred to by the Deputy and a reply will issue in the coming days.

School Staffing.

Shane McEntee

Question:

497 Deputy Shane McEntee asked the Minister for Education and Science the arrangements in place to meet the staffing needs of a school (details supplied) in County Meath anticipated from the start of the 2007/08 school year; and if she will make a statement on the matter. [16608/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

According to data submitted to the Department by the Board of Management of the girls' school referred to by the Deputy, the enrolment in the school on 30th September 2006 was 307 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, the mainstream staffing in the school for the 2007/08 school year will be a Principal and 11 mainstream class teachers.

According to data submitted to the Department by the Board of Management of boys' school, the enrolment in the school on 30th September 2006 was 278 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, the mainstream staffing in the school for the 2007/08 school year will be a Principal and 10 mainstream class teachers.

I am pleased to inform you, that in addition to the above mainstream staffing approved on the basis of the staffing schedule, my Department has sanctioned a concessionary temporary post for each of the schools referred to by the Deputy for the 2007/2008 school year.

School Closures.

Finian McGrath

Question:

498 Deputy Finian McGrath asked the Minister for Education and Science the reasons three autism pre-schools within the Dublin and Meath area are being closed; and if she will make this a priority issue. [16609/07]

I wish to clarify that my Department never had any plans to close autism pre-schools in the area referred to by the Deputy. My Department had to be satisfied that the qualifications and structure of the pre-schools concerned were sufficiently robust to be able to provide early educational intervention to children with autism who has been approved for funding under the home tuition scheme. I am pleased to advise the Deputy that my Department has reached agreement with the provider in question.

Educational Disadvantage.

Dan Neville

Question:

499 Deputy Dan Neville asked the Minister for Education and Science when funding under the dormant accounts education disadvantage and rapid leverage fund will be considered for a school (details supplied) in County Limerick. [16616/07]

The closing date for receipt of applications under the Dormant Accounts / RAPID Leverage Fund Small Scale Capital Grants Scheme for schools was 1st March. The scheme covers the improvement of existing facilities (‘non new-builds') and the development of new facilities (‘new-builds') in four areas: (i) Outdoor Play Facilities; (ii) Libraries; (iii) Parent Rooms; and (iv) Dining Areas. Schools were asked to list their proposals under the four areas in terms of priorities from 1 to 4.

The scheme was very heavily over-subscribed in terms of numbers of applications and the amount of funding sought by applicants. This has meant that the original time-frame for the assessment of applications has been somewhat delayed and there is insufficient funding to cover these applications. As a result, a phased approach to applications is being implemented which divides the assessment of proposals into ‘new-builds' and ‘non new-builds'; this approach was notified on 14th June to the schools which applied under the scheme.

Phase 1 of this process involved an assessment of all ‘new-build' and ‘non new-build' applications for Outdoor Play Facilities which were identified by the schools as either Priority 1, 2 or 3 — lower priorities are not being assessed because there is insufficient funding available. Subject to Government approval being received shortly on the basis of these assessments, the Department should be in a position to advise schools about the success of their applications for Outdoor Play Facilities within the next two weeks.

All proposals in respect of Libraries, Parent Rooms and Dining Areas involving ‘new-builds' will be considered for funding under the Schools Building and Modernisation Programme. The assessment and approval of the ‘non new-build' proposals for Libraries, Parent Rooms and Dining Areas is currently in progress and schools will be notified about their applications in due course.

In relation to the school referred to by the Deputy, it should be noted that the school applied for the following under the scheme:

Dining Room (New build): €175,000 — Priority 1 (plus Catering Equipment €5000)

Library facilities (New Build): €175,000 — Priority 2

Parent Room (New Build): €150,000 — Priority 3

Outdoor Play Areas (New Build): €20,000 — Priority 4

Special Educational Needs.

Dan Neville

Question:

500 Deputy Dan Neville asked the Minister for Education and Science when the provision of a special needs assistant will be made for a person (details supplied) in County Limerick in second level school. [16617/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Teaching Qualifications.

Michael Noonan

Question:

501 Deputy Michael Noonan asked the Minister for Education and Science if the qualifications of a person (details supplied) in County Limerick will be acknowledged as the equivalent of a degree from a university here; if the person will be given full recognition as a teacher and be paid full incremental salary; and if she will make a statement on the matter. [16634/07]

The Teaching Council is the statutory body in this country for the recognition of teaching qualifications. If the Teaching Council decides that the qualifications held by an applicant for recognition satisfy the requirements for the granting of provisional recognition, the person concerned, on being appointed to an approved post in a recognised primary school, would be eligible for the payment of incremental salary by my Department while the provisional recognition continued to apply.

Schools Amalgamation.

Michael Noonan

Question:

502 Deputy Michael Noonan asked the Minister for Education and Science the progress made in the provision of a new amalgamated secondary school for Doon, County Limerick; and if she will make a statement on the matter. [16635/07]

I am pleased to inform the Deputy that an agreement has been reached to amalgamate the three post-primary schools in Doon/Cappamore. The new amalgamated school will be a voluntary secondary school. A suitable site has been identified and the acquisition of same is currently underway.

Special Educational Needs.

Michael Noonan

Question:

503 Deputy Michael Noonan asked the Minister for Education and Science if permission will be given to some students at a special school (details supplied) in County Limerick to continue in the school when they are over 18 in order that they can complete their leaving certificate; and if she will make a statement on the matter. [16636/07]

I am pleased to advise the Deputy that my Department has approved the retention of the students concerned in the school for a further year to enable them complete their examinations. The school has been advised accordingly.

School Staffing.

Ned O'Keeffe

Question:

504 Deputy Edward O’Keeffe asked the Minister for Education and Science if she will approve the appointment of two additional teachers at a primary school (details supplied) in County Cork in view of increasing pupil enrolments for September 2007. [16645/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Data submitted to the Department by the Board of Management of the school referred to by the Deputy indicates that the enrolment in the school on 30th September 2005 was 229 pupils. In accordance with the staffing schedule (Circular 0023/2006), which is available on the Department's website at www.education.ie, the mainstream staffing in the school for the 2006/07 school year is a Principal and 8 mainstream class teachers.

The enrolment in the school on 30th September 2006 was 227 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, the mainstream staffing in the school for the 2007/08 school year will be a Principal and 8 mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn.

It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. They are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Department's website. Hard copies of this circular have issued to primary schools.

The school referred to by the Deputy lodged an appeal with the Primary Staffing Appeal Board. This appeal was heard at the Appeal Board meeting on the 22 May, 2007 and was refused. The Appeal Board operates independently of the Minister and the Department and its decision is final. The Board of Management of the school was notified in writing of the decision of the Appeal Board on 25th May, 2007. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operations of the Independent Appeal Board.

Special Educational Needs.

Ned O'Keeffe

Question:

505 Deputy Edward O’Keeffe asked the Minister for Education and Science if she will arrange to expedite the payment of travelling expenses in respect of a person (details supplied) in County Cork who is attending speech and language class in a special class in a special national school. [16646/07]

The payment referred to by the Deputy, in the details supplied, issued on the 5th June 2007.

Early Childhood Education.

Ned O'Keeffe

Question:

506 Deputy Edward O’Keeffe asked the Minister for Education and Science if her attention has been drawn to the fact that pre-school and Montessori schools are being charged water rates; if her further attention has been drawn to the financial burden that this is placing on these educational facilities, particularly those based in rural Ireland; and her views on recommending a waiver or substantial reduction in view of the educational value of these facilities. [16647/07]

As the Deputy may be aware, the vast majority of support for childcare, including pre-school education, is not provided by my Department, but is now provided by the Office of the Minister for Children under the National Childcare Investment Programme which is the successor programme to the 2000-2006 Equal Opportunities Childcare Programme.

My Department's main role in the area of early years education encompasses targeted pre-school provision for children from disadvantaged areas, for traveller children and for those with special needs.

The targeted pre-school provision is the Early Start programme. It operates in 40 primary schools in designated areas of urban disadvantage in Dublin, Cork, Limerick, Waterford, Galway, Drogheda and Dundalk. The Early Start programme is usually held in a Primary school setting.

The running costs of Primary Schools are met by my Department's scheme of capitation grants. These grants are intended to contribute towards the general operating costs which would include utility charges such as heating and lighting and any other charges that the school incurs. The Early Start programme attracts a capitation grant of € 95.23 per pupil per annum.

Local Authority service and other charges payable to the various Local Authorities do not come within the remit of my Department. It is a matter for the Local Authorities to decide whether schools or pre-schools are liable to pay such charges. Where it is decided that schools are liable for such charges, the cost would form part of the normal running costs of schools and would be met from the capitation funding provided by my Department.

Departmental Programmes.

Denis Naughten

Question:

507 Deputy Denis Naughten asked the Minister for Education and Science when details will be announced for the 2008 small schools scheme; the closing date for applications; and if she will make a statement on the matter. [16679/07]

Details of the Smalls Schools Scheme for 2008 are being developed. The Department expects to be in a position to publish the Scheme over the coming months.

Denis Naughten

Question:

508 Deputy Denis Naughten asked the Minister for Education and Science the reason a school (details supplied) in County Roscommon failed in its application for funding under the 2007 small schools scheme; and if she will make a statement on the matter. [16680/07]

An application was submitted to the Department under the Small Schools Scheme 2007 by the school referred to by the Deputy. Due to the volume of applications received in the Department it was not possible to allocate funding to all proposed projects and the school referred to by the Deputy was not successful in this instance. It is open to the school authority to apply for funding under the 2008 scheme, details of which will be announced later this year.

Schools Building Projects.

Denis Naughten

Question:

509 Deputy Denis Naughten asked the Minister for Education and Science if she will approve funding under the primary school building programme for a school (details supplied) in County Roscommon; and if she will make a statement on the matter. [16681/07]

I am pleased to inform the Deputy that the school to which he refers was approved to start architectural planning. A site visit to the school took place on 30 April 2007 with a view to finalising the project brief and progressing the appointment of a design team.

School Transport.

Denis Naughten

Question:

510 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 236 of 29 March 2007, if she has completed the review of the provision of a school transport service; if she will ensure that parents are made aware of this decision as soon as possible in view of the fact that incoming first year students are already enrolled in post-primary schools in Athlone; and if she will make a statement on the matter. [16687/07]

No change in the current transport arrangements is proposed for the coming school year. The relevant Transport Liaison Officers and families concerned will be notified in good time should any change in these arrangements be proposed.

Schools Refurbishment.

Denis Naughten

Question:

511 Deputy Denis Naughten asked the Minister for Education and Science the status of an appeal (details supplied) under the small schools scheme; when a decision will be made; and if she will make a statement on the matter. [16689/07]

The school submitted an application under the Small Schools Scheme 2007 for additional accommodation including mainstream classrooms. Due to the volume of applications received in the Department it was not possible to allocate funding to all proposed projects and the school referred to by the Deputy was not successful in this instance. It is open to the school authority to apply for funding under the 2008 scheme, details of which will be announced later this year. The Department has received an appeal from the management authority of the school to the initial decision which will be considered further.

Schools Building Projects.

Denis Naughten

Question:

512 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Questions No. 903 and 904 of 24 April 2007 the status of the application for the construction of a new community school; if she will appoint a design team and architect for the project; and if she will make a statement on the matter. [16692/07]

A site has been identified and acquisition of same is underway. On completion of the site acquisition process the project will progress in the context of the Department's multi-annual School Building and Modernisation Programme.

Willie Penrose

Question:

513 Deputy Willie Penrose asked the Minister for Education and Science if she will give formal approval to the board of management of a school (details supplied), to secure a permanent site to allow the new school to be constructed in a location at Curraghmore; if in the interest of ending unnecessary uncertainty in relation thereto her Department will authorise the board of management to proceed and to put in place a new school to accommodate the increased numbers utilising the school; and if she will make a statement on the matter. [16714/07]

Willie Penrose

Question:

540 Deputy Willie Penrose asked the Minister for Education and Science if she will take steps to provide appropriate approval and sanction to the board of management of a school (details supplied) in County Westmeath; and if she will make a statement on the matter. [17078/07]

I propose to take Questions Nos. 513 and 540 together.

The Department has made it clear to both the school in question and the Local Authority that it has no difficulty with the school re-locating as close to its existing location as possible. It is now a matter for the Local Authority to decide if the proposed site is compatible with its overall developmental plans for the area. Department Officials are meeting shortly with the Local Authority and the Board of Management to discuss this issue.

Special Educational Needs.

Willie Penrose

Question:

514 Deputy Willie Penrose asked the Minister for Education and Science if she will take steps to provide a place at a school for a person (details supplied) in County Westmeath who is autistic; and if she will make a statement on the matter. [16715/07]

I understand that the child in question is currently attending an autism specific special class in a mainstream primary school. The parents of the child concerned, if they wish him to change schools, should apply to the second school to be considered for a placement. The parents should note, however, that school transport is only arranged where the child is attending his nearest suitable school.

Higher Education Grants.

Willie Penrose

Question:

515 Deputy Willie Penrose asked the Minister for Education and Science the steps she will take to ensure that a person (details supplied) in County Westmeath who undertook a course which was extremely important to them in the context of their medical condition, will have the fees paid in respect thereof of which details have already been furnished to her Department; if there are other additional courses available to this person; if her Department will take steps to ensure that appropriate arrangements would be made to participate therein; and if she will make a statement on the matter. [16716/07]

Under my Department's Free Fees Initiative the Exchequer meets the tuition fees of eligible Students who are attending approved full-time undergraduate courses in the State. The Free Fees Initiative does not extend to postgraduate study in Ireland, however if a candidate qualifies for the means-tested maintenance grant he/she could have their fees paid up to the maximum fee limit. The maximum fee limit in respect of the 2006/2007 academic year was €5,730.

Under the terms of my Department's Third Level Maintenance Grant Schemes, which are administered on behalf of my Department by the Local Authorities and the Vocational Education Committees, the position is that generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to residence, age, means, nationality and previous academic attainment. An approved course for the purpose of the Schemes means a full-time undergraduate course of not less than two years duration and full-time postgraduate course of not less than one years duration pursued in an approved institution.

Under the terms of the Third Level Student Support Schemes, a student is not eligible for grant assistance in respect of a second period of study at the same level, irrespective of whether a grant was paid previously. The schemes also provide that grants may not be paid to candidates who already hold a postgraduate qualification and are pursuing a second post graduate qualification. Notwithstanding this condition, candidates who already hold a postgraduate qualification and are progressing to a further postgraduate course which represents progression from the level at which the previous postgraduate qualification(s) was attained, may be deemed eligible for grant aid.

Section 473A, Taxes Consolidation Act, 1997, provides for tax relief, at the standard rate of tax, for tuition fees paid in respect of approved full/part-time courses in both private and publicly funded third level Colleges and Universities in the State and any other E.U.Member State. Further details and conditions in relation to this tax relief are available from the student's local Revenue Commissioners Office.

Schools Building Projects.

John Perry

Question:

516 Deputy John Perry asked the Minister for Education and Science the progress made on the development work at a school (details supplied) in County Sligo; and if she will make a statement on the matter. [16731/07]

As part of the expansion of the devolved scheme for school building works, grant-aid of €275,000 was sanctioned in March 2006 to enable the management authorities of the school in question to extend and refurbish their school building. Construction work commenced at this school in early May of this year and 70% of the grant-aid has been paid to the school.

John Perry

Question:

517 Deputy John Perry asked the Minister for Education and Science if she will waive the additional percentage contributions for a school (details supplied) in County Sligo in view of the fact that her Department would have to pay them with or without the additional size; and if she will make a statement on the matter. [16734/07]

I am pleased to inform the Deputy that only the standard local contribution will apply to the school building project in question. The increased cost of the project will not attract an additional local contribution.

School Accommodation.

John O'Mahony

Question:

518 Deputy John O’Mahony asked the Minister for Education and Science when the necessary funding will be provided for the extra accommodation for a school (details supplied) in County Mayo. [16752/07]

An application for an extension and refurbishment building project has been received from the school referred to by the Deputy. An assessment of projected enrolments, demographic trends and housing developments in the area will be required to be carried out by the Department in order to 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 my Department will draw up schedules of accommodation for the project which will be notified to the school management authority. The project will then be considered in the context of the multi-annual School Building and Modernisation Programme.

Olwyn Enright

Question:

519 Deputy Olwyn Enright asked the Minister for Education and Science if her attention has been drawn to the fact that students are attending a school (details supplied) in County Tipperary in former council buildings; if her attention has been further drawn to the conditions at the school; if there are any plans to address the situation; and if she will make a statement on the matter. [16757/07]

The School Planning Section of the Department is in receipt of an application from the school to which the Deputy refers for major capital works. The application has been assessed in accordance with published prioritisation criteria for large scale building and was assigned a band 2 rating.

The Property Management Section of the Office of Public Works, which acts on behalf of the Department in relation to site acquisitions generally, was requested to explore the possibility of acquiring a site for the school in question. Following an advertisement seeking proposals in relation to possible sites a number of responses were received. Six sites have been visited and their technical suitability as a location for the school was considered.

Following this process, a site on the existing Tipperary Rural and Business Institute (TRBDI) campus emerged as the preferred option. This site is in the ownership of the Institute. The TRBDI, however, has proposed to the Department that its campus be relocated to a large-scale technology park. Expressions of Interest were sought by TRBDI from the private sector to determine what exactly could be provided at the technology park in exchange for the Institute's current property in Clonmel. The Expressions of Interest sought required the incorporation of a suitable site for the school on the current campus or on an alternative site approved by the Department and the Office of Public Works. The Expressions of Interest received by TRBDI have been evaluated and detailed negotiations are being entered into with the company that has submitted the tender provisionally identified as being the most advantageous.While this process is reasonably well advanced, I appreciate that it is taking longer than expected. Given the urgency of the schools' needs as you have outlined them to me, the Department will immediately seek alternative site options in Clonmel, with a view to acquiring a site before the end of the year.

Funding is available for the purchase of the site as part of the record provision of €4.5 billion for school buildings in the National Development Plan. I absolutely appreciate how long the school has been in its current accommodation. I assure you that the Government will do all that we can to have a site for the school by the end of 2007 and that the project will then be progressed in the context of the multi-annual school building and modernisation programme.

Teachers’ Remuneration.

Olwyn Enright

Question:

520 Deputy Olwyn Enright asked the Minister for Education and Science the reason teachers who acquired the remedial qualification prior to 2005 are not in receipt of the special education diploma allowance; and if she will make a statement on the matter. [16758/07]

The terms and conditions of teachers are matters for the Teachers Conciliation Council. This Council is comprised of representatives of teacher unions, school management associations, the Department of Finance and the Department of Education and Science. The terms of agreements reached at this Council are of general application to all teachers.

The criteria for the award of an allowance in respect of the Graduate/Higher Diploma in Special Educational Needs were agreed at the Teachers Conciliation Council and are set out in Circular 0135/2006 of my Department. This agreement restricts the payment of the allowance to specific courses completed at one of the designated institutions.

School Accommodation.

John O'Mahony

Question:

521 Deputy John O’Mahony asked the Minister for Education and Science the reason that the necessary funding has not been provided for urgently needed renovation works and extension works at a school (details supplied) in County Mayo. [16760/07]

The school submitted an application under the Small Schools Scheme 2007 for additional accommodation including mainstream classrooms. Due to the volume of applications received in the Department it was not possible to allocate funding to all proposed projects and the school referred to by the Deputy was not successful in this instance. It is open to the school authority to apply for funding under the 2008 scheme, details of which will be announced later this year.

The Department recently received an appeal from the school in relation to the initial decision which will be considered further.

Special Educational Needs.

Bernard J. Durkan

Question:

522 Deputy Bernard J. Durkan asked the Minister for Education and Science if a special needs assistant will be arranged for a person (details supplied) in County Kildare who is starting school in September; and if she will make a statement on the matter. [16764/07]

As the Deputy is aware, the Special Educational Needs Organiser (SENO) of the National Council for Special Education (NCSE) is responsible for allocating support teaching and special need assistants as a school-based resource for pupils in need of additional supports.

I understand that no application for SNA support in respect of this child has been made to the local SENO. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention. In the meantime, the parents should contact the school in which their child has been enrolled and request that their child's details are forwarded to the local SENO.

Capitation Grants.

Michael Ring

Question:

523 Deputy Michael Ring asked the Minister for Education and Science if she will increase the capitation grant amount paid to schools in the voluntary secondary sector in order that there is a parity of funding with schools in the community, comprehensive and vocational sector; and if she will make a statement on the matter. [16845/07]

Róisín Shortall

Question:

565 Deputy Róisín Shortall asked the Minister for Education and Science the capitation grant for a school, (details supplied) in Dublin; the way this rate differs from other post-primary schools; and the reasons for same. [17421/07]

I propose to take Questions Nos. 523 and 565 together.

The funding arrangements made by my Department for second level schools reflect the sectoral division of our second level system. At the core of all arrangements is a reliance upon capitation as the principle determinant of funding. My Department provides funding to secondary schools by way of per capita grants, which affords schools considerable flexibility in the use of these resources to cater for the needs of their pupils.

There have been significant improvements in recent years in the level of funding for voluntary secondary schools, including the school referred to by Deputy Shortall. With effect from January 2007, the standard per capita grant was increased by €18 per pupil and now amounts to €316 per pupil. In addition, voluntary secondary schools have benefited by the increase of €30 per pupil in 2007 in the support services grant bringing that grant to €189 per pupil.

The cumulative increase of €48 per pupil in a voluntary secondary school brings the aggregate grant to over €500 per pupil. These grants are in addition to the per capita funding of up to €40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services. For example in the case of a secondary school with 500 pupils, this brings annual grants towards general expenses and support service to over €290,000. This represents an increase of 83% since 2000.

Budget allocations for schools in the VEC and C&C sectors are increased on a pro rata basis with increases in the per capita grant. All schools are eligible for recurrent per capita grants towards special classes and curricular support grants.

These significant increases in the funding of post primary schools are a clear demonstration of my commitment to prioritise available resources to address the needs of schools.

Schools Building Projects.

Michael Ring

Question:

524 Deputy Michael Ring asked the Minister for Education and Science when funding will be provided to a school (details supplied) in County Mayo. [16846/07]

An application for an extension and refurbishment project has been received from the school referred to by the Deputy. An assessment of projected enrolments, demographic trends and housing developments in the area will be required in order to 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 my Department will draw up schedules of accommodation for the project which will be notified to the school management authority. The project will then be considered in the context of the multi-annual School Building and Modernisation Programme.

School Transport.

Michael Ring

Question:

525 Deputy Michael Ring asked the Minister for Education and Science the position in relation to the review of the school bus transport. [16847/07]

In accordance with the programme for Government, my Department will be examining how to advance a review of the School Transport system. A number of improvements have recently been made to school bus transport such as the phasing out of the ‘3 for 2' seating arrangements. All children travelling on school buses under the school transport scheme have been provided with individual seats. Bus Éireann hired in over 300 additional private contractors' vehicles to address the capacity shortfall arising from the provision of ‘1 for 1' seating and the Company was given approval to acquire 161 extra school buses, including fifty new buses.

In addition, all nominated school buses in the school transport scheme have been equipped with approved seat belts.

School Accommodation.

Michael Ring

Question:

526 Deputy Michael Ring asked the Minister for Education and Science the outcome of an appeal for a school (details supplied) in County Mayo. [16848/07]

The school submitted an application under the Small Schools Scheme 2007 for additional accommodation including mainstream classrooms. Due to the volume of applications received in the Department it was not possible to allocate funding to all proposed projects and the school referred to by the Deputy was not successful in this instance. The Department has received an appeal from the school in relation to the initial decision which will be considered further.

Schools Building Projects.

Michael Ring

Question:

527 Deputy Michael Ring asked the Minister for Education and Science the progress made in relation to a new school (details supplied) in County Mayo; when she expects the construction phase will be completed; and if she will make a statement on the matter. [16889/07]

Planning Permission has recently been granted for the school building referred to by the Deputy and it is envisaged that the project will proceed to tender and construction later this year.

Psychological Service.

Michael Ring

Question:

528 Deputy Michael Ring asked the Minister for Education and Science the procedure in relation to psychological assessment of children; if there is a waiting list for these assessments; if only a limited number of assessments are allocated to each school; if she will review this system to ensure that no child is waiting unduly for a psychological assessment; and if she will make a statement on the matter. [16890/07]

All primary and post primary schools have access to psychological assessments either directly through my Department's National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) that is administered by NEPS.

NEPS does not keep waiting lists for assessments of children but in common with other psychological services encourages a staged assessment process, whereby each school takes responsibility for initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment. This system allows the psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually.

The introduction of the General Allocation model for primary schools in 2005/06 means that children with high incidence special needs now longer have to wait for an individual assessment before they can get access to extra support. Children who manifest very special or urgent needs in school and who have not been previously assessed by a psychologist and are brought to the attention of a NEPS psychologist by the Principal teacher will usually be assessed by the psychologist within that school term. Normally, principals of schools prioritise those children in need of psychological assessment in consultation with the assigned psychologist.

In the case of schools that do not currently have dedicated NEPS psychologists assigned to them, as I already mentioned, such schools have access to psychological assessments through the SCPA. Under this Scheme, schools can commission assessments from a member of the panel of private practitioners approved by NEPS, and NEPS will pay the fees directly to the psychologist concerned.

Should school authorities have specific difficulties with regard any of the foregoing I would suggest that they should contact the local NEPS Regional Director, contact details for whom are also available on my Department's website.

Site Acquisitions.

Olivia Mitchell

Question:

529 Deputy Olivia Mitchell asked the Minister for Education and Science if she will acquire for use as an urgently needed secondary school, lands reserved for that purpose in the Stepaside area action plan to cater as envisaged in the plan for the expanding population in the Stepaside area; and if she will make a statement on the matter. [16915/07]

While the Department has no immediate plans to purchase the site referred to by the Deputy, it will continue to monitor the demand for school places in the Stepaside area to ensure that any extra demand for post primary school places is met in a timely manner.

School Staffing.

Pat Breen

Question:

530 Deputy Pat Breen asked the Minister for Education and Science when teacher allocation will be processed for a school (details supplied) in County Clare; and if she will make a statement on the matter. [17017/07]

Teacher allocations to second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. Each school management authority is required to organise its time-table and subject options having regard to pupils needs within the limit of its approved teacher allocation. The school in question received its final allocation on 19th June 2007.

Higher Education Grants.

Kathleen Lynch

Question:

531 Deputy Kathleen Lynch asked the Minister for Education and Science if she will re-examine a decision to refuse a higher education grant to a person (details attached) in County Cork; and if she will make a statement on the matter. [17029/07]

The decision on eligibility for maintenance grants is a matter for the relevant local authority or Vocational Education Committee. These bodies do not refer individual applications to my Department save, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. No such advice or instruction has, to date, been sought in the case of the student referred to by the Deputy.

Disadvantaged Status.

Michael Ring

Question:

532 Deputy Michael Ring asked the Minister for Education and Science the procedure in place to address the concerns of a school (details supplied) in County Mayo that did not qualify for inclusion in DEIS but regards itself as having a level of disadvantage of a scale to warrant its inclusion in the programme. [17038/07]

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). The School Support Programme will bring together, and build upon, a number of existing interventions in schools with a concentrated level of disadvantage.

The process of identifying primary and second-level schools for participation in the SSP 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 Educational Research Centre (ERC) in May 2005, from which a response rate of more than 97% was achieved. As a completed survey form was not received from the school referred to by the Deputy it could not be assessed for participation in DEIS. The issue of primary schools that did not complete survey forms in 2005 will be further considered by my Department in the context of the implementation of the action plan over the period 2007-10.

Higher Education Grants.

Michael Ring

Question:

533 Deputy Michael Ring asked the Minister for Education and Science if a person (details supplied) in County Mayo is entitled to the third level grant as they are currently completing a specialised four year graduate only accelerated course in medicine in the UK. [17039/07]

It is unclear from the Deputy's question whether the student referred to is pursuing a second undergraduate course — with a graduate entry requirement — or whether the course in medicine is at postgraduate level. In the case of this query relating to a second undergraduate course I wish to advise that under the prescribed terms and conditions of my Department's student maintenance grant schemes grant assistance may not generally be awarded in the respect of a repeat period of study at the same level, irrespective of whether or not funding was previously awarded.

If the query relates to postgraduate study in the UK I wish to advice that in 1996/97, my Department's student support schemes were extended to provide maintenance grants to eligible students pursuing approved full-time undergraduate courses of at least two years duration in other EU Member States. The courses must be followed in a university or third level institution, which is maintained or assisted by recurrent grants from public funds. The extension of the schemes at that time did not extend to courses at postgraduate level.

Any extension of the current arrangements, to provide for students pursuing post-graduate courses in the U.K. generally would have to be considered within the context of all other E.U. Member States. There are no plans at present to extend the current arrangements to provide for students pursuing post-graduate courses outside of Ireland. Such a proposal would have to be considered in light of existing resources and other competing demands in the education sector.

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

School Transport.

Michael Ring

Question:

534 Deputy Michael Ring asked the Minister for Education and Science if she will investigate the school transport service provided to a person (details supplied) in County Mayo; the reason this person has to walk so far to the pick up point in view of the fact that this service used to pass by their house; the reason this person is not being collected from home; and if she will make a statement on the matter. [17040/07]

My Department has already outlined the position to the Deputy based on a report provided by Bus Éireann.

Primary school transport routes are planned so that, as far as possible, no eligible child will have more than 2.4 kilometres to travel to a pick-up point. Pupils living off the main route of a service are generally expected to make their own way, or to be brought to convenient pick-up points along the main route. Home pick-ups were never envisaged as being part of the School Transport Scheme.

Bus Éireann, which is responsible for the day to day operation of the school transport scheme, on behalf of my Department, has advised that the pupil referred to by the Deputy, in the details supplied, resides 0.64 kilometres from the pick up point. The family should liaise with Bus Éireann regarding the availability of a payable extension to the current service.

School Accommodation.

Michael Ring

Question:

535 Deputy Michael Ring asked the Minister for Education and Science when a site visit will take place at a school (details supplied) in County Mayo. [17041/07]

The long term projected staffing, on which the schools accommodation needs are based, is being considered in the Department at present. Once the long term projection has been determined and agreed with the school authorities, a decision will be made on how best to address the school's accommodation needs.

When this assessment is complete and the long-term projected staffing agreed with the school authorities, a site visit will be required in order to inform the final brief and my officials will be in contact with the school authority at the appropriate time to arrange this visit.

School Staffing.

Michael Ring

Question:

536 Deputy Michael Ring asked the Minister for Education and Science if a person (details supplied) in County Mayo can retain their post in a school. [17042/07]

The National Council for Special Education, through the local Special Educational Needs Organisers, is responsible for processing applications for special educational needs supports from primary and post primary schools.

Special Need Assistant (SNA) support is provided specifically to address the care needs of pupils with special educational needs. My officials have been in contact with the school regarding the case referred to by the Deputy. The child to whom the SNA has been assigned is leaving the school and there are no other children in need of SNA support in the school at this time. There is currently no basis, therefore, for the retention of the SNA post in the school.

Ned O'Keeffe

Question:

537 Deputy Edward O’Keeffe asked the Minister for Education and Science if she will investigate the appointment of an additional teacher for September 2007 at a primary school (details supplied) in County Cork where pupil numbers have increased. [17064/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Data submitted to the Department by the Board of Management of the school referred to by the Deputy indicates that the enrolment in the school on 30th September 2005 was 71 pupils. In accordance with the staffing schedule (Circular 0023/2006), which is available on the Department's website at www.education.ie, the mainstream staffing in the school for the 2006/07 school year is a Principal and 2 mainstream class teachers.

According to data submitted to the Department by the Board of Management of the school, the enrolment in the school on 30th September 2006 was 75 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, the mainstream staffing in the school for the 2007/08 school year will be a Principal and 2 mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn.

It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. They are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on the Department's website. Hard copies of this circular have issued to primary schools.

Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. The standard application form is available from Primary Payments Section or on the Department's website.The first meeting of the Appeal Board was held in May, 2007. Further meetings will be held in July and October, 2007. The closing date for receipt of an appeal for the July meeting was 22 June while the closing date for the October meeting is 12 October. The Appeal Board operates independently of the Minister and the Department and its decision is final.

School Transport.

Ned O'Keeffe

Question:

538 Deputy Edward O’Keeffe asked the Minister for Education and Science if she will investigate the charging of school bus fees in respect of persons (details supplied) in County Cork. [17066/07]

The local school referred to by the Deputy in the details supplied closed and amalgamated with another school in the area. The pupils referred to are eligible for free transport to the school of amalgamation. However, they may continue to avail of concessionary fare paying transport to the school they are attending if spare seats are available, on the service, after all eligible pupils have been accommodated. In this regard, the parents of these pupils should liaise with their local Bus Éireann office.

Pension Provisions.

Ned O'Keeffe

Question:

539 Deputy Edward O’Keeffe asked the Minister for Education and Science if a person (details supplied) in County Cork has a pension entitlement from her Department. [17067/07]

The person referred to by the Deputy is entitled to be a member of the contributory pension scheme for full-time non-teaching employees of community and comprehensive schools since 1st September 2006. The Board of Management of the school have been notified of the pension deductions to make on behalf of the individual in question.

Question No. 540 answered with QuestionNo. 513.
Question No. 541 answered with QuestionNo. 496.

Schools Building Projects.

John Perry

Question:

542 Deputy John Perry asked the Minister for Education and Science if she will reduce the sum of money required from a school (details supplied) in County Sligo; and if she will make a statement on the matter. [17118/07]

Under the general funding arrangements for school building projects the amount of the local contribution for extensions/ refurbishments is 10% of the total project cost with the contribution being capped at €31,500.00. The level of the local contribution for schools with disadvantaged status is 5 % of the project cost subject to a maximum amount of €12,500.00. These arrangements are of a general application.

The position in relation to the school referred to by the Deputy is under examination in my Department at present and the school management will be contacted in the matter as soon as possible.

School Transport.

John O'Mahony

Question:

543 Deputy John O’Mahony asked the Minister for Education and Science the reason, in 2005, the school transport pick-up point was moved from Ballindine Cross, Hollymount, County Mayo to a location known as The Big Tree and subsequently to a point almost two miles away, off the main road, called Lehinch School; and if it is envisaged that the school transport pick-up point will be restored to Hollymount village which was the original pick-up point in order to facilitate the 95% of pupils who attend Claremorris schools. [17119/07]

Under the terms of my Department's Post Primary School Transport Scheme, a pupil is eligible for transport if s/he resides 4.8 kilometres or more from her/his local post primary education centre, that is, the centre serving the catchment area in which s/he lives.

The scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside. However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their ‘own' post-primary centre have been catered for. Such children have to make their own way either to the catchment boundary or to the nearest pick up point within that catchment area.Bus Éireann which operates the School Transport Scheme on behalf of my Department have advised that the current pick up point is the nearest suitable location within the Claremorris catchment area.

Question No. 544 answered with QuestionNo. 483.

School Accommodation.

Pádraic McCormack

Question:

545 Deputy Pádraic McCormack asked the Minister for Education and Science the situation regarding an extension to a school (details supplied) in County Galway; and if she will make a statement on the matter. [17121/07]

An application for an extension and refurbishment project has been received from the school referred to by the Deputy. This project was originally determined with a projected enrolment of 550 pupils and will have to be re-assessed in the light of decreases in enrolment trends in recent years. This will comprise a reassessment 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. When the long-term projected enrolment has been finalised and agreed with the school authorities my Department will draw up schedules of accommodation for the project which will be notified to the school management authority. The project will then be considered in the context of the multi-annual School Building and Modernisation Programme.

Pádraic McCormack

Question:

546 Deputy Pádraic McCormack asked the Minister for Education and Science the position in relation to an application for an extension to a school (details supplied) in County Galway; and if she will make a statement on the matter. [17122/07]

An application for capital funding has been received from the school to which the Deputy refers. This application will be assessed with reference to factors such as current and projected enrolments at the school, the likely impact of ongoing and proposed housing developments and existing provision in the general area. When this assessment is complete, a decision will be taken on how best to provide for the current and emerging accommodation needs at the school. The proposed project will be considered in the context of the multi annual School Building and Modernisation Programme.

Third Level Fees.

Olivia Mitchell

Question:

547 Deputy Olivia Mitchell asked the Minister for Education and Science the decision that has been made by her Department regarding the extent of subsidy and the level of fees for the graduate medical training programme; and if she will make a statement on the matter. [17123/07]

The position is that the details of a funding package for the graduate medical entry programme are currently under consideration in my Department. While the overall funding package has not yet been fully agreed, I expect that this will be finalised shortly.

School Curriculum.

Róisín Shortall

Question:

548 Deputy Róisín Shortall asked the Minister for Education and Science if she will provide the resources to employ laboratory assistants in schools to facilitate the teaching of science; the timetable for implementing the recommendations contained in the report of the task force on the physical sciences; the way she plans to ensure that the recommendations will be fully implemented and that the necessary resources are put in place; and if she will make a statement on the matter. [17134/07]

There were some 39 recommendations in the Report of the Task Force on the Physical Sciences, with costed proposals totalling an additional €244 million, of which €66.3 million would be a recurring annual cost. Of the 39 recommendations, 4 are not for the education sector. Of the remainder, progress has been made on implementing 25 of the recommendations and my Department continues to progress the recommendations as resources permit in collaboration and consultation with the Department of Enterprise, Trade and Employment, FORFAS and industry.

Significant progress has been made in a range of areas e.g. A new science curriculum has been introduced at primary level supported by a resource grant in December 2004 of €1000 per school plus €10 per pupil. A revised syllabus in Junior Certificate Science was introduced in 2003 and it was examined for the first time in June 2006. Revised syllabi in Leaving Certificate Physics, Chemistry and Biology have also been introduced and examined within the last five years. Work on the revision of the two remaining Leaving Certificate subjects — Agricultural Science and Physics and Chemistry (combined) — is well advanced. The introduction of each of the revised syllabi has been supported by comprehensive in-service programmes for teachers.

Additional equipment grants have been provided to schools, and laboratories continue to be refurbished as part of the ongoing school building programme. In that context, €16 million was issued to schools in 2004 to support the implementation of the revised Junior Certificate Science syllabus.

Investment in the Programme of Research in Third Level Institutes (PRTLI) is continuing apace to enhance and promote world class standards in research, innovation and development.

While I have made it clear that I am not yet convinced of the need for lab assistants and that I believe that their provision would lead to demands for similar assistance in other subjects with a strong practical component, the Government is committed under the Strategy for Science, Technology and Innovation to re-visit this issue.

As the Deputy will be aware, the Strategy for Science, Technology and Innovation 2006 to 2013 sets out a range of measures to further strengthen science teaching and learning and improve the uptake of senior cycle Physics and Chemistry. These include ensuring that the project based hands-on investigative approach now in place at junior cycle is extended to senior cycle, that the appropriate type of assessment is used and that there is an emphasis on the inter-disciplinary nature of science in society.

Other aspects of the Plan include: reviewing the implementation of the primary science curriculum to ensure its effectiveness in stimulating interest and awareness in science at a very young age, strengthening teacher training in this area, reforming maths and Leaving Certificate Physics and Chemistry curricula, promotion of science initiatives in Transition Year; and the provision of information and brochures on science opportunities and careers, linking effectively with school guidance services.

Taken together, the comprehensive set of measures provided for in the SSTI will build on the improvements made in recent years and ensure even greater support for science education.

School Enrolments.

David Stanton

Question:

549 Deputy David Stanton asked the Minister for Education and Science if her attention has been drawn to the need to provide more secondary school places in Midleton as a result of the growing population; if she has asked for and received the projected enrolment figures for second level schools in east Cork for at least the next five years; the plans she has put in train in this regard; and if she will make a statement on the matter. [17207/07]

The Department has a number of proactive strategies in place to ensure that the accommodation requirements for the schools in developing areas, such as Midleton and East Cork are addressed in a manner that will meet the long term education needs of the population. The process for assessing the need for new or additional accommodation facilities at primary or post primary level in any given area entails consideration of relevant factors, including enrolment and demographic trends, housing developments and existing school capacity to meet current and future demand.

As part of this process, the Department is included among the prescribed authorities to whom local authorities are statutorily obliged to send draft development plans or variations to development plans. In addition, the Department meets with the relevant local authorities to ascertain the extentof development foreseen and the implications for school planning. This process helps to make informed decisions in relation to long term accommodation needs of the schools in the area and in particular for those schools that have submitted applications for major capital investment in their buildings.

Special Educational Needs.

Michael Creed

Question:

550 Deputy Michael Creed asked the Minister for Education and Science if she will approve resource hours for a person (details supplied) in County Cork. [17220/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Higher Education Grants.

Michael Creed

Question:

551 Deputy Michael Creed asked the Minister for Education and Science if she will extend the scope of the higher education grant scheme to include the children of all non-Irish nationals legally resident here. [17221/07]

My Department funds four maintenance grant schemes for third level and further education students which are administered by the Local Authorities and the Vocational Education Committees. The Higher Education Grant Scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992.

Generally speaking, students who are entering approved courses for the first time are eligible for maintenance grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment.

Under the nationality requirements of the scheme, students must hold E.U. nationality, or have Official Refugee Status or

have been granted Humanitarian Leave to Remain in the State; or

have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or

have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or

be nationals of a member country of the European Economic Area (EEA) or Switzerland.

It is not proposed, at present, to extend the current terms and conditions of the scheme to include the children of non-Irish nationals legally resident in Ireland.

Schools Building Projects.

Michael Creed

Question:

552 Deputy Michael Creed asked the Minister for Education and Science the situation regarding proposed extensions at schools (details supplied) in County Cork. [17225/07]

An application for an extension has recently been received from the school referred to by the Deputy. An assessment of projected enrolments, demographic trends and housing developments in the area will need to be carried out by the Department. This assessment 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 notified to the school management authority. The project will then be considered in the context of the multi-annual School Building and Modernisation Programme.

In relation to the second school referred to by the Deputy, the management authority of the school submitted an application under the Small Schools Scheme 2007. Due to the volume of applications received in the Department it was not possible to allocate funding to all proposed projects and the school referred to by the Deputy was not successful in this instance. It is open to the school authority to apply for funding under the 2008 scheme, details of which will be announced later this year.

School Accommodation.

Jack Wall

Question:

553 Deputy Jack Wall asked the Minister for Education and Science the position in relation to discussions with primary schools (details supplied) in County Kildare regarding a possible rationalisation or re-configuration of primary educational facilities in the area where the schools are located; the stage discussions are at; the agreements reached; if the schools will be given a new school building; and if she will make a statement on the matter. [17230/07]

Discussions are on-going with the authorities of the schools to which the Deputy refers in relation to their accommodation needs. Meetings have also taken place with both Kildare County Council and Athy Town Council with a view to ensuring that the appropriate level of educational provision is made in the context of planned housing developments. The Department expects to be in a position to make a decision on the long term needs of the area shortly.

State Examinations.

Bernard Allen

Question:

554 Deputy Bernard Allen asked the Minister for Education and Science the reason students who were successful in the 2006 leaving certificate examination have yet to receive their certificates. [17360/07]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations, including organising the holding of examinations and issuing the results of examinations. In view of this, I have forwarded your query to the State Examinations Commission for direct reply to you.

Question No. 555 answered with QuestionNo. 478.

School Accommodation.

Pat Carey

Question:

556 Deputy Pat Carey asked the Minister for Education and Science her Department’s plans for identifying suitable premises for a school (details supplied) in Dublin 11 for the school year 2007/08; and if she will make a statement on the matter. [17373/07]

Róisín Shortall

Question:

617 Deputy Róisín Shortall asked the Minister for Education and Science her plans for adequate accommodation for a school (details supplied) in Dublin 11; if she will report on her negotiations with Dublin City Council in respect of a site on Tolka Valley Road for this purpose; and the proposals in relation to same. [17679/07]

I propose to take Questions Nos. 556 and 617 together.

The Department is currently in negotiation around the possibility of acquiring a building in the area for the purposes of accommodating the school to which the Deputy refers. This process is complex involving as it does suitability assessment, valuations, price negotiations and attendant legal formalities.

The Department is keenly aware that the issues concerned are commercially sensitive and that it is not a foregone conclusion that the building can or will be acquired. It would be remiss of it to make any firm plans for the building or to create unrealistic expectations until it is absolutely clear that the acquisition can be made. In the circumstances, the Department will be in contact with the proposed users of the building at the appropriate time.

Pat Carey

Question:

557 Deputy Pat Carey asked the Minister for Education and Science her Department’s plans for re-locating a school (details supplied) in Dublin 11 to suitable premises for the school year 2007/08; and if she will make a statement on the matter. [17374/07]

Róisín Shortall

Question:

616 Deputy Róisín Shortall asked the Minister for Education and Science if her attention has been drawn to the inadequate premises in which a school (details supplied) in Dublin 11 is operating; and her plans to provide alternative accommodation for it. [17678/07]

I propose to take Questions Nos. 557 and 616 together.

The Department is aware of the need to re-locate the facility to which the Deputy refers. In this regard, the Department is currently in negotiation with the local authority around the possibility of acquiring a site in the area for this purpose.

Pat Carey

Question:

558 Deputy Pat Carey asked the Minister for Education and Science if discussions between her Department and a school (details supplied) in Dublin 11 regarding the purchase of a school property for future educational use have been finalised; if not, when these discussions are expected to be brought to finality; and if she will make a statement on the matter. [17375/07]

Róisín Shortall

Question:

615 Deputy Róisín Shortall asked the Minister for Education and Science if she will report on negotiations between her Department and the authorities of a school (details supplied) in Dublin 11 in respect of acquiring the school building and grounds; and her plans for the use of this property. [17677/07]

I propose to take Questions Nos. 558 and 615 together.

The Department is currently in negotiation around the possibility of acquiring the building to which the Deputies refers. This process is complex involving as it does suitability assessment, valuations, price negotiations and attendant legal formalities.

The Department is keenly aware that the issues concerned are commercially sensitive and that it is not a foregone conclusion that the building can or will be acquired. It would be remiss of it to make any firm plans for the building or to create unrealistic expectations until it is absolutely clear that the acquisition can be made. In the circumstances, the Department will be in contact with the proposed users of the building at the appropriate time.

Pat Carey

Question:

559 Deputy Pat Carey asked the Minister for Education and Science if she is satisfied that suitable premises will be ready for a school (details supplied) in Dublin 9 for September 2007; and if she will make a statement on the matter. [17376/07]

Róisín Shortall

Question:

612 Deputy Róisín Shortall asked the Minister for Education and Science the details of the undertaking given by her Department to a school (details supplied) in Dublin 9 in respect of funding for temporary accommodation and a permanent school building; the timescale agreed in both cases; and if she will make a statement on the reason for her Department abandoning the original plan for the school to move into the campus of another school. [17674/07]

I propose to take Questions Nos. 559 and 612 together.

The Department is committed to putting a suitable accommodation solution in place for the school referred to by the Deputies for next September. This is being achieved by the placement of temporary accommodation on a site on the Oscar Traynor Road. To allow for any unforeseen difficulties with this measure, the Department has advised the school authority to extend its current lease on a short term basis.

Once the school's September needs have been addressed and the conveyancing procedures for the site have been completed, the Department will be moving to provide permanent accommodation on the site for the school. The Department has always een committed to providing a suitable accommodation solution for the school in question by September 2007. When it became clear that this would not be achievable by pursuing the amalgamation option, it was decided to pursue the alternative now being actioned.

Schools Refurbishment.

Pat Carey

Question:

560 Deputy Pat Carey asked the Minister for Education and Science if proposals have been received by her Department for the refurbishment of a school (details supplied) in Dublin 9; and if she will make a statement on the matter. [17377/07]

Róisín Shortall

Question:

613 Deputy Róisín Shortall asked the Minister for Education and Science if she will give early approval to a school (details supplied) in Dublin 9 to proceed to carry out a refurbishment of the school and assembly hall in view of the poor condition of these and the fact that the school has been promised this work for some time. [17675/07]

I propose to take Questions Nos. 560 and 613 together.

Proposals for works were received from the schools in question in the context of an amalgamation negotiation. The amalgamation is not being pursued. It is open to the school authority to apply for funding for the works concerned under the Summer Works Scheme. Details of the 2008 Scheme were recently published on the Department's website www.education.ie. The closing date for the receipt of completed applications is the 28th of September.

School Staffing.

John Deasy

Question:

561 Deputy John Deasy asked the Minister for Education and Science if she will appoint an additional teacher to a national school (details supplied) in County Waterford, which will have completed its new two room classroom extension for September 2007 and where one classroom will remain empty for a year until the appointment of an additional teacher; and if she will make a statement on the matter. [17382/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Data submitted to the Department by the Board of Management of the school referred to by the Deputy indicates that the enrolment in the school on 30th September 2005 was 190 pupils. In accordance with the staffing schedule (Circular 0023/2006), which is available on the Department's website at www.education.ie, the mainstream staffing in the school for the 2006/07 school year is a Principal and 7 mainstream class teachers.

The enrolment in the school on 30th September 2006 was 199 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, the mainstream staffing in the school for the 2007/08 school year will be a Principal and 7 mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn.

It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. They are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on the Department's website. Hard copies of this circular have issued to primary schools.

Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. The standard application form is available from Primary Payments Section or on the Department's website.

The first meeting of the Appeal Board was held in May, 2007. Further meetings will be held in July and October, 2007. The closing date for receipt of an appeal for the July meeting was 22 June while the closing date for the October meeting is 12 October. The Appeal Board operates independently of the Minister and the Department and its decision is final.

School Accommodation.

John Deasy

Question:

562 Deputy John Deasy asked the Minister for Education and Science when it is proposed to provide a replacement school for a school (details supplied) in view of commitments given by the Government previously in this regard; and if she will make a statement on the matter. [17383/07]

Brian O'Shea

Question:

582 Deputy Brian O’Shea asked the Minister for Education and Science the position regarding the provision of the new school building for a school (details supplied) in County Waterford; and if she will make a statement on the matter. [17546/07]

I propose to take Questions Nos. 562 and 582 together.

The School Planning Section of the Department is currently examining educational provision at primary and post primary level in the Waterford City area. Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments. When this examination has been completed, the Department will bring forward plans as to how best the school accommodation needs of the area can be met into the future. The school to which the Deputies refer is included in the examination being carried out.

Schools Refurbishment.

John Deasy

Question:

563 Deputy John Deasy asked the Minister for Education and Science if she will approve funding for the provision of a proper heating system at a school (details supplied) in County Waterford in view of the fact that the existing heating scheme, which is uneconomical and does not comply with present regulations, will be unable to provide heating in the new extension currently being built; and if she will make a statement on the matter. [17384/07]

I am pleased to inform the Deputy that additional funding was sanctioned recently to cover the cost of replacing the heating system at this school.

School Staffing.

John Deasy

Question:

564 Deputy John Deasy asked the Minister for Education and Science her plans to change the situation whereby a national school must maintain numbers of 80 pupils or more for over 12 months before an additional teacher is appointed; if her attention has been drawn to the difficulty this causes with class sizes; if she will reconsider this restriction; and if she will make a statement on the matter. [17385/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year. My Department has no plans to change this arrangement.

Question No. 565 answered with QuestionNo. 523.

Schools Building Projects.

Róisín Shortall

Question:

566 Deputy Róisín Shortall asked the Minister for Education and Science the reason for the delay in providing a new school hall to a school (details supplied) in Dublin 11; the position at which this project now stands; the timetable for completing this project; and the overall time-scale for its completion. [17422/07]

I can confirm that the Department is in receipt of an application for major capital funding from the school to which the Deputy refers. The application has been assessed in accordance with the published prioritisation criteria for large scale works and was assigned a band 2 rating. Progress on the project is being considered in the context of the multi annual School Building and Modernisation Programme.

Special Educational Needs.

Róisín Shortall

Question:

567 Deputy Róisín Shortall asked the Minister for Education and Science the position of her Department in relation to the needs of a child (details supplied) in Dublin 11; the evaluation this position is based upon; the way her Department proposes to meet the educational needs of this child in a mainstream school that does not have an autistic unit; and the assistance that her Department offers parents who wish to source a school place with such a unit. [17423/07]

The child in question is currently enrolled in a special class for autism attached to a mainstream school. As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants to schools to support children with special needs who do not attend special classes, and for establishing additional special classes where a need has been established. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Languages Programme.

Róisín Shortall

Question:

568 Deputy Róisín Shortall asked the Minister for Education and Science the supports available for schools to cater for the language needs of non-Irish national pupils; and the amount drawn down in each of the past three years. [17424/07]

In order to meet the language needs of students in our schools whose first language is not English or Irish, additional support is given to their schools which can take the form of financial assistance, additional teaching posts or portions of posts.

The level of extra financial or teaching support provided to any school is determined by the numbers of eligible non-English speaking students enrolled. I indicated in January last that the limit of two teachers per school and the limit of two years' support to an individual pupil which had applied up to then, will no longer apply. As a result, an individual school may be allocated up to six language support posts under the arrangements now in place.

Schools with between 3 and 13 eligible pupils receive grant assistance towards the cost of employing part-time teachers. Schools with 3 to 8 such pupils receive a grant of over €6,300, while schools with between 10 and 13 such pupils receive over €9,500.

Schools with 14 or more such pupils are entitled to one or more language support teachers, the number of which has increased dramatically in recent years. There are now approximately 1,450 language support teachers in our schools. This compares with just 262 posts in the 2001/02 school year.

The estimated total cost of providing these supports for the past 3 years is as follows:

2004 — €24,326m

2005 — €32,256m

2006 — €48,427m

In line with the Government's commitments under the ‘Towards 2016' partnership agreement, a further 350 language support teachers will be provided between 2008 and 2009.

In order to ensure that schools can accurately and objectively assess the language requirement of children, my Department will be sending to schools assessment materials which have been developed by Integrate Ireland Language and Training (IILT). The assessment materials will enable schools to ensure that the specific language requirements of children needing support are met in a targeted way. The IILT materials will also enable accurate initial and on-going assessment of the language proficiency of the child and his or her need for continued language support.

Special Educational Needs.

Róisín Shortall

Question:

569 Deputy Róisín Shortall asked the Minister for Education and Science the support available to supplement the education requirements of gifted pupils; her views on the adequacy of such funding; and if she will make a statement on the matter. [17425/07]

The 1998 Education Act requires Boards of Management of each school to publish the policy of the school relating to participation by students with special educational needs, including students who are exceptionally able. The measures schools take in this regard are required to be stated in the school plan. It is the duty of the Board of Management to ensure that appropriate education services are made available to such students.

In general, schools at both primary and second level attempt to use strategies such as curriculum differentiation, curriculum enrichment and acceleration to facilitate the development of pupils who are exceptionally able.

In recent years, new syllabi and curricula have been devised for second-level schools. These have been designed in such a way that the differing needs of a wide range of pupil ability can be catered for by teachers. The revised primary curriculum, which has been supplied to every primary teacher, recognises the importance of developing the full potential of the child and caters for pupil diversity, including meeting the needs of exceptionally able pupils.

While content is outlined in the curricula at both levels, process is also heavily emphasised. Enabling children to learn how to learn is stressed and facilitated. The development of language skills, investigatory and problem solving skills, higher-order thinking skills and working individually and as a member of a group are all encouraged at both levels. While the use of information and communication technologies and the use of class and school libraries are of benefit in project work with all pupils, they have a special importance for pupils who are exceptionally able.

In addition, my Department provides annual funding to the Centre for Talented Youth at Dublin City University to support its work in delivering programmes, which are designed specifically for exceptionally able children of first and second level age. This year's grant is €95,000. Of particular significance at second level are the International Olympiads in the science subjects, in information technology and in mathematics, in which the exceptionally able and highest achieving pupils compete.

As the Deputy may be aware, the new Programme for Government contains a commitment to further improve services for gifted children.

Róisín Shortall

Question:

570 Deputy Róisín Shortall asked the Minister for Education and Science the reason a child (details supplied) has had their normal school hours reduced; when these hours will be increased in line with her Department guidelines; and if she will make a statement on the matter. [17426/07]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants to schools to support children with special needs. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply and have been advised that the SENO will make direct contact with the school in the context of the issues raised by the Deputy.

Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Institutes of Technology.

Brian O'Shea

Question:

571 Deputy Brian O’Shea asked the Minister for Education and Science when she expects to receive the preliminary assessment of the submission made by the governing body of Waterford Institute of Technology seeking university designation; and if she will make a statement on the matter. [17437/07]

I have asked Dr Jim Port to conduct a thorough assessment of the submission made by the Governing Body of Waterford Institute of Technology having regard to national strategy for the development of Irish higher education, implications for regional development in the South East in the context of the National Spatial Strategy and any likely implications for the overall structure of higher education in Ireland. While I have not set a specific deadline for the completion of his work, I do expect to receive Dr Port's advice shortly.

Capitation Grants.

Pat Rabbitte

Question:

572 Deputy Pat Rabbitte asked the Minister for Education and Science the current amount of the capitation grant to primary schools; the amount for the school year 2007 to 2008; the current amount of each of the other standard grants paid annually to primary schools to assist with running, equipment and other costs; and if she will make a statement on the matter. [17439/07]

Primary schools' running costs are met by my Department's scheme of capitation grants. These grants are intended to contribute towards the general operating costs of schools which would include heating, lighting, cleaning, insurance, painting, teaching aids and other miscellaneous charges.

The primary school capitation grant has been increased substantially in recent years. Since 1997 the standard rate of capitation grant has been increased from €57.14 per pupil to €163.58 with effect from 1st January, 2007. This represents an increase of over 186% in the standard rate of capitation grant since 1997.

Enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from €418 to €805 per pupil. These were increased by an average of 30% recently.

The capitation grant is in addition to the Ancillary Services Grant which provides additional funding for primary schools towards the cost of secretarial and caretaking services. The standard rate of grant per pupil under the scheme was increased from €102 per pupil in 2002 to the current rate of €145.50 per pupil.

Under the new Programme for Government, we are committed to doubling the standard capitation grant for primary schools over the next five years. Grants to schools for the employment of secretaries and caretakers will also be increased significantly.

Appropriate classroom equipment is provided as part of extension/refurbishment projects and new school buildings funded by my Department. Under the furniture and equipment element of my Departments School Building and Modernisation Programme funding is available for the provision of additional equipment at developing schools or the replacement of outdated/damaged equipment.

A special PE funding package, of €6.5 million, issued late last year to all 3,200 primary schools. Under the package, every school received €2,000 towards the cost of replacing and upgrading PE equipment in their school. This grant was issued, as a once-off measure, to enable schools to replace older equipment such as goalposts, PE mats, benches etc. The modern equipment which can be purchased will help facilitate PE and sporting activities in schools, which everyone recognises is a very important aspect of school life. This funding package was made as part of this Government's continued commitment to modernise facilities in schools throughout the country.

In addition, since 2000 my Department has provided in excess of €5.5m in grant-aid to all primary schools to facilitate the provision of coaching or mentoring in connection with physical education or to purchase resource materials associated with the provision of physical education.

I increased the level of grant payable under the annual devolved grant scheme for minor works to national schools last November. All primary schools with full recognition receive a basic grant of €5,500 plus €18.50 per mainstream pupil and €74 per special needs pupil. This grant is intended to address works required to the physical infrastructure of the schools or on items of furniture and equipment for educational use, including IT related equipment. Around €27m was paid out to primary schools throughout the country to enable thousands of small scale works to be completed without the need to interact with my Department.

Primary schools that establish a class for special needs pupils receive a once-off grant of €6,500 per class to purchase equipment, including physical education equipment, that they feel best meets the needs of the pupils attending the class. I would also point out that schools may use their general capitation funding to support the implementation of curricula including Physical Education.

Educational Disadvantage.

Pat Rabbitte

Question:

573 Deputy Pat Rabbitte asked the Minister for Education and Science when the first statutory Educational Disadvantage Committee completed its term of office; when the committee was re-established and its remit; and if she will make a statement on the matter. [17440/07]

The Educational Disadvantage Committee, an independent statutory committee, was established in March, 2002 under the Education Act, 1998. Members were appointed to the Committee for a period not exceeding three years. The term of office of the Committee was extended until 30 June 2005 in order to facilitate the completion of the Committee's final report. The role of the Committee is to advise on policies and strategies to be adopted to identify and correct educational disadvantage.

My Department wrote to the education and social partners seeking their views on the composition and future work of the committee. Following on full consideration of these views, the members of the new committee will be appointed as provided for under section 32 of the Education Act, 1998.

Under section 32 (3) of the Act, up to half of the membership of the committee shall be appointed from nominees of such voluntary and other bodies which have objects that are considered relevant to the work of the committee.

Legislative Programme.

Pat Rabbitte

Question:

574 Deputy Pat Rabbitte asked the Minister for Education and Science the sections of the Education Act 1998 which have not commenced; the proposed commencement date in each case; and if she will make a statement on the matter. [17441/07]

The Education Act 1998 has been commenced in full. On 4th February 1999, my predecessor, Micheál Martin TD, signed the Education Act 1998 (Commencement) Order 1999 (S.I. No. 29/1999). This order commenced sections 2, 3, 4, 5, 6, 13, 25, 26, 36 and 37 and Parts VIII and IX of the Act on 5th February 1999.

On 16th December 1999, the Minister signed a further order, the Education Act 1998 (Commencement) (No. 2) Order 1999 (S.I. No. 470/1999), which commenced sections 7, 9, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 27, 28, 30, 31, 33, 34, 35, and Part VII of the Act on 23rd December 1999. One year subsequent to that date the then-Minister, Michael Woods TD, on 21st December 2000 signed the Education Act 1998 (Commencement) (No. 3) Act 2000 (S.I. No. 495/2000). This order fixed the 22nd December 2000 as the day upon which sections 1, 8, 10, 11, 12, 18, 29 and 32 of the Act came into operation.

Teachers’ Remuneration.

Richard Bruton

Question:

575 Deputy Richard Bruton asked the Minister for Education and Science the reason for the delay in sanctioning the payment by Dublin Institute of Technology of certain payments due to TUI members following the acceptance by the union of the terms of the latest pay agreement in respect of certain categories of staff employed by the DIT. [17444/07]

Payment of the increases due under the Towards 2016 Agreement is dependent, in the case of each sector, organisation and grade, on verification of co-operation with flexibility and change, including co-operation with satisfactory implementation of the agenda for modernisation set out in the Agreement, maintenance of stable industrial relations and absence of industrial action in respect of any matters covered by the Agreement. Implementation of the modernisation agenda, requires in the first instance, that the parties to the agreement agree an Action Plan in accordance with the terms of the Agreement. The Action Plan sets out the timetable and actions required for implementation of the modernisation agenda and was agreed by all unions in the Institute of Technology sector other than the Teachers Union of Ireland (TUI) in early December 2006. As the TUI failed to agree the action plan until 8th March 2007 they did not satisfy the terms of the agreement until that date. In addition this failure prevented progress on a specific commitment agreed under Towards 2016 to review and revise arrangements for the scheduling of apprenticeship blocks by January 2007.

In the circumstances the decision of the Secretary General was that payment of the increase due w.e.f. 1st December 2006 was warranted to members of the TUI from the 8th March 2007 only, i.e. the date that co-operation with the terms of the Agreement was restored. This decision was subsequently endorsed by the Education Sector Performance Verification Group.

The TUI have referred the matter to the dispute resolution mechanisms available under the Towards 2016 Agreement.

State Examinations.

Róisín Shortall

Question:

576 Deputy Róisín Shortall asked the Minister for Education and Science if the case of a person (details supplied) will be examined and an explanation provided as to the reason leaving certificate results from separate years cannot be added together for the purposes of points for third level courses; when this rule was last reviewed; if flexibility exists for persons who have a learning disability; and if she will make a statement on the matter. [17488/07]

The responsibility for managing access to third level places rests with the Central Applications Office (CAO) and the third level institutions generally. Therefore, the student is advised in the first instance to contact the disability or access offices in the third level institutions they are applying to for advice on how to further progress their application to study in higher education.

The Association for Higher Education Access and Disability (AHEAD) advise that in general performance in a single sitting of the leaving certificate is the standard measurement of academic ability and many applicants with a disability attain the minimum criteria for admission on this basis. AHEAD also advise that when an applicant indicates through the CAO that they have a disability, the supplementary admissions process by each higher education institution will include consideration of the accommodations that are required, including any accommodations for the purpose of admissions. This process will include consideration of the impact of a disability on the prior education of an applicant and whether the minimum standards for admission have been met on the basis of one or more sittings of the leaving certificate or a leaving certificate in conjunction with another post-second level qualification.

School Placement.

Joanna Tuffy

Question:

577 Deputy Joanna Tuffy asked the Minister for Education and Science the number of children who have applied for places in junior infant classes in primary schools in Lucan, County Dublin; and the number of places available in junior infant classes in Lucan schools including any planned new schools for Lucan. [17498/07]

Enrolments in individual schools are the responsibility of the managerial authority of those schools. In September 2007, there will be 702 Junior Infant places in the twelve primary schools in Lucan. When all planned extensions have been delivered, the capacity for Junior Infants will increase to 810 Junior Infant places. In addition, the Department has recently sanctioned another new primary school for the south Lucan area which will commence operation next September under the patronage of Educate Together. This will bring the total number of primary schools in Lucan to thirteen. This school will be temporarily located in the Adamstown Castle Educate Together National School building. This move was taken to ensure that all eligible pupils seeking places in Lucan next September will have access to them.

Schools Building Projects.

Denis Naughten

Question:

578 Deputy Denis Naughten asked the Minister for Education and Science if she will approve funding of major capital works at a school (details supplied) in County Roscommon; and if she will make a statement on the matter. [17507/07]

An application for an extension including mainstream classrooms and ancillary accommodation has been received from the school referred to by the Deputy.

An assessment of projected enrolments, demographic trends and housing developments in the area will need to be carried out. This assessment 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 notified to the school management authority. The project will then be considered in the context of the multi-annual School Building and Modernisation Programme.

Special Educational Needs.

Billy Timmins

Question:

579 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to a person (details supplied) in County Wicklow who needs a special needs assistant on a full-time basis; and if she will make a statement on the matter. [17521/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Billy Timmins

Question:

580 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to a person (details supplied) in County Wicklow who was a special needs assistant from 31 March 2003 until February 2007 in a school and is waiting to be paid their redundancy; if this can be paid as a matter of urgency; and if she will make a statement on the matter. [17522/07]

Applications for redundancy are being received and processed in my Department on an ongoing basis. I can confirm that an application has been received from the Special Need Assistant referred to by the Deputy and it is expected that any payment owed will issue in August.

Teachers’ Remuneration.

Pat Breen

Question:

581 Deputy Pat Breen asked the Minister for Education and Science further to Parliamentary Question No. 868 of 24 April 2007, when an application for incremental credit will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [17531/07]

The application in question was received in my Department on the 19th February 2007. My Department sought further information from the applicant by letter dated 2nd April 2007. My Department was given to understand subsequently by the Deputy that the applicant had not received the letter of 2nd April and a copy was issued on the 30th April 2007 to the applicant by registered post. To-date my Department has not received the information requested in this letter and are therefore unable to process the application further at this time.

Question No. 582 answered with QuestionNo. 562.

Schools Building Projects.

Emmet Stagg

Question:

583 Deputy Emmet Stagg asked the Minister for Education and Science if she has received the stage 1 and 2 submission in relation to the building of a school (details supplied) in County Kildare; and if she has sanctioned the advancement of the project to stage 3. [17547/07]

The building project for the School referred to by the Deputy is at early stage of architectural planning. My Department wrote to the Design Team on the project on the 28th May 2007 giving approval to proceed to Stage 3 of architectural planning (Detailed design with costings).

When this stage 3 submission is received in my Department, my Officials will arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stages of architectural planning.

Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Emmet Stagg

Question:

584 Deputy Emmet Stagg asked the Minister for Education and Science if she has received the stage 1 and 2 submission in relation to the building of the required extension to a school (details supplied) in County Kildare; and if she has sanctioned the advancement of the project to stage 3. [17551/07]

A Design Team was appointed to the School referred to by the Deputy on the 24th November 2006 last and the School Authorities were instructed to inform their Design Team to prepare a stage 1/2 submission (Outline sketch scheme with costings).

The stage 1/2 documentation is now awaited and when this is received in my Department, my Officials will arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stages of architectural planning. Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Emmet Stagg

Question:

585 Deputy Emmet Stagg asked the Minister for Education and Science if she has received the stage 3 submission in relation to the building of a school (details supplied) in County Kildare; and if she has sanctioned the further advancement of the project. [17552/07]

The building project for the School referred to by the Deputy was one of the sixty two projects that I announced to start the architectural planning process in January of 2006 and to proceed to tender and construction as per my announcement of November 2006. The brief for the project consists of a 16 classroom Generic Repeat Design with an additional bolt-on Special Education Tuition room. A Design Team was appointed on the project in July of 2006 and following a briefing seminar in my Department's Offices in Tullamore, the Design Team were instructed to proceed to stage 3 (detailed design with costings) of my Department's Design Team Procedures.

The stage 3 documentation is now awaited and when this is received in my Department, my Officials will, if necessary, arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. Once the stage 3 is approved, the new School building project will proceed, in accordance with the School Building and Modernisation Programme, to advanced design and subsequently to tender and construction.

Psychological Service.

Emmet Stagg

Question:

586 Deputy Emmet Stagg asked the Minister for Education and Science if her Department has finalised the allocation of the additional 31 educational psychologists to different counties; and if she will provide details of same. [17557/07]

My Department is working with the National Educational Psychological Service and the Public Appointments Service to ensure that remaining vacancies in NEPS can be filled as soon as possible. Expanding the NEPS service is a major priority for the Government. Since NEPS was established, we have trebled the number of psychologists in the service. We are committed to increasing its staffing further, so that by 2009 there will be 200 NEPS psychologists.

Special Educational Needs.

Emmet Stagg

Question:

587 Deputy Emmet Stagg asked the Minister for Education and Science if she has concluded her examination of the National Council for Special Education implementation report in relation to the Education for Persons with Special Educational Needs Act 2004. [17559/07]

The report in question is currently receiving detailed consideration within my Department. As part of this process, my Officials recently met with the education partners to obtain their views on the report and its recommendations. It is intended to issue a response on the report to the National Council for Special Education in the near future.

Schools Building Projects.

Emmet Stagg

Question:

588 Deputy Emmet Stagg asked the Minister for Education and Science when a design team will be appointed for a new school (details supplied) in County Kildare. [17560/07]

I am pleased to inform the Deputy that this project was one of eighty large scale projects announced by me in November 2006 to commence architectural planning. The incoming design team for this project will be drawn from a Framework Panel that officials in my School Building Section has formed for all Generic Repeat Design (GRD) schools of twelve or more classrooms. An invitation to tender will issue shortly to the members of the panel.

Emmet Stagg

Question:

589 Deputy Emmet Stagg asked the Minister for Education and Science if a design team has been appointed for a new school (details supplied) in County Kildare. [17561/07]

Bernard J. Durkan

Question:

597 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the provision of the new national school at Kill, County Kildare; the degree to which approval for the adjoining development which affects the school project has been approved, agreed or is pending; the earliest date in the event of an early and positive decision by which she expects to be in a position to authorise the advancement of the project with a view to ensuring the availability of a new school at the earliest opportunity; and if she will make a statement on the matter. [17649/07]

I propose to take Questions 588, 589 and 591 together.

This project was one of eighty large scale projects announced by me in November 2006 to commence architectural planning. The Office of Public Works has identified a site for the school. Agreement on the site acquisition has been reached subject to contract. While draft contracts have been exchanged, the conveyancing process continues to be delayed pending the outcome of a planning application by the Vendor. Essentially the degree of progress of this application is a matter for the applicant and the local authority. My Department understands that a decision on the application is due in or around August 2007.

In the meantime however architectural planning for the project and the process of appointing an architectural design team who will design and plan the works is under way. To that end, an advertisement seeking design team consultants was placed on the public procurement portal, www.etenders.gov.ie, on Monday 26th March last, with the closing date for the receipt of Expressions of Interest being Friday 27th April.

Officials in the School Building Section of my Department are currently assessing tenders received from various consultants who have expressed an interest in the design team make-up for the building project proposed for this school. After these pre-qualification applications have been assessed by my School Building Section, further instructions will issue to all of the short-listed candidates seeking further submissions so that phase two of the appointment process (the Award Stage) can commence. When this exercise is completed the architectural planning of the project will commence thereafter.

Emmet Stagg

Question:

590 Deputy Emmet Stagg asked the Minister for Education and Science the position in relation to the review being carried out for the provision of a second level Gaelscoil in north Kildare. [17563/07]

Bernard J. Durkan

Question:

611 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent to which she or her Department has considered or is considering the provision of an all-Irish second level school in north Kildare; and if she will make a statement on the matter. [17663/07]

I propose to take Questions Nos. 590 and 611 together.

County Kildare VEC recently applied for the establishment of a separate all-Irish post primary school in Maynooth. The Department has given careful consideration to the application and has decided that the application should not be granted. In arriving at this conclusion, account was taken of the fact that Coláiste Cois Life in Lucan, which operates under the aegis of Co. Dublin VEC, was established to serve the needs of the west Dublin and north Kildare area. This includes Maynooth and Kilcock.

A multi-million Euro building project was recently completed which provides Coláiste Cois Life with state of the art permanent accommodation. The building, which is not yet full, will cater for 600 pupils. Transport arrangements are in place for eligible pupils from the North Kildare area.

Emmet Stagg

Question:

591 Deputy Emmet Stagg asked the Minister for Education and Science her plans to have a new national school (details supplied) in County Kildare operational for the opening of the new school year in September 2007; the number of pupils to be catered for and accommodation provision; and when plans will be drawn up for a permanent school building. [17564/07]

Bernard J. Durkan

Question:

596 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the provision of the promised new primary school at Celbridge, County Kildare; the degree to which the proposal has advanced; when the school is expected to become available; and if she will make a statement on the matter. [17648/07]

I propose to take Questions Nos. 591 and 596 together.

I am pleased to inform the Deputy that I have given approval for the commencement of a new primary school for Celbridge to commence operation next September. A Principal has already been appointed and the Patron is making the necessary temporary accommodation arrangements. The Department is in discussion with the Local Authority in relation to a site for the permanent location of the school.

Emmet Stagg

Question:

592 Deputy Emmet Stagg asked the Minister for Education and Science if the extension to a school (details supplied) in County Kildare has completed stage 4 and 5; and if tenders are to be invited. [17569/07]

My Department issued a letter to the school in question in February of this year devolving authority to the Board of Management to progress the proposed extension project to tender and construction. The school's Design Team are currently working on the Stage 4/5 (Detailed Design/Bill of Quantities) and the advertisement for the pre-selection of contractors will be placed shortly. It is hoped that the project will proceed to tender and construction thereafter.

Special Educational Needs.

Bernard J. Durkan

Question:

593 Deputy Bernard J. Durkan asked the Minister for Education and Science the degree to which she has received requests for the provision of special teaching facilities to meet the requirements of children with autism throughout north-west Kildare with particular reference to Derrinturn, Clogherinkoe, Johnstownbridge and adjoining areas; if she has fully examined and evaluated the ongoing and increasing educational needs of autistic children throughout County Kildare; if she will put in place adequate facilities to meet these requirements in the near future; and if she will make a statement on the matter. [17645/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs and for establishing special classes for children with specific special needs, including autism.

I am pleased to advise the Deputy that the NCSE has recently sanctioned special classes for children with autism in north west Kildare including in schools in Derrinturn and Clogherince. This now brings the total number of autism specific classes sanctioned in Kildare to 21.

The NCSE will continue to open additional special classes as required. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Bernard J. Durkan

Question:

594 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the provision of special needs teaching facilities at a school (details supplied) in County Kildare; if full agreement has been reached in relation to the necessary staffing and other provisions; and if she will make a statement on the matter. [17646/07]

I am pleased to advise that the National Council for Special Education has sanctioned two special classes for autism in the school in question following the school's decision to open such classes.

Schools Building Projects.

Bernard J. Durkan

Question:

595 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the provision of permanent classroom and ancillary buildings for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17647/07]

The building project for the School referred to by the Deputy is at an early stage of architectural planning. My Department wrote to the Design Team on the project on the 28th May 2007 giving approval to proceed to Stage 3 of architectural planning (Detailed design with costings).

When this stage 3 submission is received in my Department, my Officials will arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stages of architectural planning. Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Question No. 596 answered with QuestionNo. 591.
Question No. 597 answered with QuestionNo. 589.

Bernard J. Durkan

Question:

598 Deputy Bernard J. Durkan asked the Minister for Education and Science the progress to date in 2007 in the matter of the provision of the extra or replacement facilities required at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17650/07]

A Design Team was appointed to the School referred to by the Deputy on the 24th November 2006 last and the School Authorities were instructed to inform their Design Team to prepare a stage 1/2 submission (Outline sketch scheme with costings).

The stage 1/2 documentation is now awaited and when this is received in my Department; my Officials will arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stages of architectural planning. Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Bernard J. Durkan

Question:

599 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to additional permanent classroom facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17651/07]

Bernard J. Durkan

Question:

603 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for major capital funding for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17655/07]

Bernard J. Durkan

Question:

604 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for major capital funding for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17656/07]

Bernard J. Durkan

Question:

605 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for major capital funding for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17657/07]

Bernard J. Durkan

Question:

606 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for major capital funding for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17658/07]

Bernard J. Durkan

Question:

607 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for major capital funding for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17659/07]

Bernard J. Durkan

Question:

608 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for major capital funding for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17660/07]

I propose to take Questions Nos. 599 and 603 to 608, inclusive, together.

I can confirm to the Deputy that the Department is in receipt of applications for large scale capital funding from the schools to which he refers. The projects have been assessed in accordance with the published prioritisation criteria for large scale building projects. Progress on the proposed works is being considered in the context of the multi-annual School Building and Modernisation programme.

Bernard J. Durkan

Question:

600 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to permanent school facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17652/07]

The building project for the School referred to by the Deputy is at an early stage of architectural planning. My Department wrote to the Design Team on the project on the 28th May 2007 giving approval to proceed to Stage 3 of architectural planning (Detailed design with costings).

When this stage 3 submission is received in my Department, my Officials will arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stages of architectural planning.

Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Bernard J. Durkan

Question:

601 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to permanent school facilities for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17653/07]

I am pleased to inform the Deputy that a new 16-classroom primary school with double autistic unit was provided for the school in question. It commenced operation in September 2004.

Bernard J. Durkan

Question:

602 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the school building project for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17654/07]

The building project for the School referred to by the Deputy was one of the sixty two projects that I announced to start the architectural planning process in January of 2006 and to proceed to tender and construction as per my announcement of November 2006. The brief for the project consists of a 16 classroom Generic Repeat Design with an additional bolt-on Special Education Tuition room. A Design Team was appointed on the project in July of 2006 and following a briefing seminar in my Department's Offices in Tullamore, the Design Team were instructed to proceed to stage 3 (detailed design with costings) of my Department's Design Team Procedures.

The stage 3 documentation is now awaited and when this is received in my Department, my Officials will, if necessary, arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. Once the stage 3 is approved, the new School building project will proceed, in accordance with the School Building and Modernisation Programme, to advanced design and subsequently to tender and construction.

Questions No. 603 to 608, inclusive, answered with Question No. 599.

Bernard J. Durkan

Question:

609 Deputy Bernard J. Durkan asked the Minister for Education and Science when progression of the project to tender and construction will be undertaken at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17661/07]

A Design Team was appointed to the School referred to by the Deputy on the 24th November 2006 last and the School Authorities were instructed to inform their Design Team to prepare a stage 1/2 submission (Outline sketch scheme with costings).

The stage 1/2 documentation is now awaited and when this is received in my Department, my Officials will arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stages of architectural planning. Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Bernard J. Durkan

Question:

610 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for additional classroom accommodation at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [17662/07]

I am pleased to inform the Deputy that earlier this year, the Department approved devolved funding to enable the management authority of the school to which he refers to provide additional permanent accommodation. Devolved initiatives allow Boards of Management to address their accommodation and building priorities with a guaranteed amount of funding and gives Boards of Management control of the building project.

Question No. 611 answered with QuestionNo. 590.
Question No. 612 answered with QuestionNo. 559.
Question No. 613 answered with QuestionNo. 560.

School Security.

Róisín Shortall

Question:

614 Deputy Róisín Shortall asked the Minister for Education and Science if her attention has been drawn to the concerns of residents neighbouring schools (details supplied) in Dublin 9 in relation to anti-social activity in the grounds of the school; if her further attention has been drawn to the extensive damage being caused to the schools on a frequent basis; and if in view of these, she will give approval to the provision of security fencing for the perimeter of the school grounds. [17676/07]

An official from the Building Unit of my Department has been in telephone contact with the school authorities. An application for emergency funding for the provision of security fencing will be submitted in the near future. As soon as the application is received it will be considered and the outcome will be notified to the school authorities without delay.

Question No. 615 answered with QuestionNo. 558.
Question No. 616 answered with QuestionNo. 557.
Question No. 617 answered with QuestionNo. 556.

Schools Refurbishment.

Leo Varadkar

Question:

618 Deputy Leo Varadkar asked the Minister for Education and Science if she is committed to the refurbishment of a school (details supplied) in Dublin 15; and if she will make a statement on the matter. [17750/07]

I can confirm to the Deputy that the school to which he refers has applied to the Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and has been assigned a Band 2 rating. Progress on the project is being considered under the multi-annual School Building and Modernisation programme from 2007 onwards.

Site Acquisitions.

Leo Varadkar

Question:

619 Deputy Leo Varadkar asked the Minister for Education and Science the progress she has made in acquiring a site for a new additional secondary school in Castleknock, Dublin 15; and if she will make a statement on the matter. [17759/07]

The Department is advancing plans to make considerable extra post primary provision available in the Dublin 15 area. In this regard and, as the Deputy will be aware, I have already given the go-ahead for the delivery of a new 1,000 pupil post-primary school in Phibblestown. This new school will be delivered along with new schools in Donabate and Laytown under a design and build contract and the Department is working with the relevant parties on the delivery of these projects within the earliest possible timeframe.

The Department has also reserved a site for post primary provision in the Tyrrelstown area of Dublin 15. The educational reservation in the Hansfield SDZ also allows for the development of a post primary school for up to 1,000 pupils. A project manager has recently been appointed to oversee the development of educational provision on the Hansfield site. With regard to Castleknock specifically, the Department is examining site possibilities for a new post primary school with the local authority.

Leo Varadkar

Question:

620 Deputy Leo Varadkar asked the Minister for Education and Science if her Department has requested that Fingal County Council acquire the one acre site (details supplied) in Dublin 15 reserved for community and educational use or if her Department has entered into direct discussion with the owner. [17760/07]

I can confirm to the Deputy that the Department has asked Fingal County Council to explore the possibility of acquiring additional land adjacent to the school to which he refers for the purpose of expanding the campus.

Leo Varadkar

Question:

621 Deputy Leo Varadkar asked the Minister for Education and Science the progress made in acquiring a permanent site for a school (details supplied) in Dublin 15; and if she will make a statement on the matter. [17761/07]

I am pleased to inform the Deputy that my Department has identified a suitable site for the school in question. Agreement on its acquisition has been reached with the vendor subject to contract. Contracts are now awaited from the vendor's solicitor.

Schools Recognition.

Róisín Shortall

Question:

622 Deputy Róisín Shortall asked the Minister for Education and Science further to a previous parliamentary question when the assessment was carried out by her Department of the extent of multi-denominational education provision in the Dublin 9 area; the outcome of this assessment; the long term requirements that were identified; her Department’s decision on the way these requirements should be addressed; and if as a result of this a school (details supplied) will receive permanent recognition. [17765/07]

The assessment to which the Deputy refers is at an advanced stage. The question of permanent recognition for the school in question will be addressed as part of a strategic examination of multi-denominational provision in the Dublin 9 area. It will also determine long term requirements and how these should best be addressed.

Departmental Projects.

Tom Sheahan

Question:

623 Deputy Tom Sheahan asked the Minister for Education and Science the projects approved in her Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18181/07]

Two projects that exceed the threshold for cost benefit analysis have been approved by my Department in 2007:

a new Engineering School at Athlone Institute of Technology. The cost benefit analysis for this project was carried out by James Shivnan.

campus development at St. Patrick's College of Education, Drumcondra. The cost benefit analysis for this project was carried out by Indecon International Economic Consultants.

Defence Forces Recruitment.

Pat Carey

Question:

624 Deputy Pat Carey asked the Minister for Defence if he will make arrangements to inform a person (details supplied) in Dublin 11 of the reason they have not been given security clearance to join the Defence Forces; and if he will make a statement on the matter. [16526/07]

Following his application for enlistment in the Defence Forces, my Department wrote to the individual in question on 17 July 2006 advising him that his application was unsuccessful. I am unable to comment any further on this matter, as it is the policy of the Department of Defence to treat all applications for enlistment in the Defence Forces as strictly private and confidential.

It is however open to individuals to apply under the Freedom of Information Acts 1997 and 2003, for access to information in relation to their individual applications. The Act provides a formal mechanism for individuals to request information and an appeals mechanism where information has been refused. The request should be made to the Defence Forces Freedom of Information Officer. I have made arrangements for contact to be made with the person concerned advising them of the procedure to be followed.

Defences Forces Personnel.

Ned O'Keeffe

Question:

625 Deputy Edward O’Keeffe asked the Minister for Defence if a person (details supplied) in County Cork with the Naval Service can return to a land based position of employment. [16642/07]

The Naval Service endeavours to operate a two-year seagoing/two-year shore-based rotation for personnel. The person in question has not yet completed a two-year sea rotation. To rotate him ahead of schedule would have meant shortening the time ashore of another member of the Naval Service in the same rank.

The process to post the person in question to a shore-based unit has already been initiated and he is aware of that. It was intended to effect this during June but, since he is currently on sick leave, the administration of the move cannot be completed until he returns to duty.

Defence Forces Property.

Ned O'Keeffe

Question:

626 Deputy Edward O’Keeffe asked the Minister for Defence the position regarding the provision of funding to provide a new facility in a town (details supplied) in County Cork. [16643/07]

Facilities available to the Reserve Defence Force RDF are continuously monitored to ensure that they are adequate to meet their requirements. There are no plans at present to provide funding to replace the existing FCA hall at Fair Street, Mallow, Co. Cork.

Pension Provisions.

Denis Naughten

Question:

627 Deputy Denis Naughten asked the Minister for Defence the reason retired members of the Defence Forces are having their pension increases postponed due to a PDFORA dispute even though they are not members of the representative organisation; and if he will make a statement on the matter. [16693/07]

In accordance with established public service pensions policy, military pensions are revised in line with relevant increases in the pay of serving personnel. Pensions have been increased on foot of the various general and Benchmarking pay increases awarded to serving personnel under the Sustaining Progress Social Partnership Agreement 2003 — 2006, up to and including the final general round increase of 2.5% effective from 1 June 2006.

The Public Service Pay Agreement that forms part of the new Social Partnership Agreement Towards 2016 provides for phased general pay increases of 3% from 1 December 2006; 2% from 1 June 2007; 2.5% from 1 March 2008; and 2.5% from 1 September 2008. Payment is dependent in each sector on, among other things, satisfactory implementation of the sectoral agenda for modernisation. I understand that, within the established negotiation machinery, the pay and related terms of Towards 2016 were offered to PDFORRA, and that this matter was the subject of detailed discussions with that Association. I also understand that the terms of the Agreement — including a modernisation agenda for the Defence Forces — have recently been accepted following a ballot of the membership of PDFORRA.

The Performance Verification Group have confirmed that modernisation targets have been met and have recommended payment of the increases. The Secretary General of the Department has accepted that recommendation and the administrative arrangements for payment of the pay increases from 1 December 2006 and 1 June 2007 are now being put in place for serving personnel. This would pave the way for corresponding increases in military pensions from the dates mentioned.

Departmental Projects.

Tom Sheahan

Question:

628 Deputy Tom Sheahan asked the Minister for Defence the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18180/07]

No project that exceeds the threshold for a cost benefit analysis cost has arisen in my Department in 2007.

Equality Issues.

Róisín Shortall

Question:

629 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the action that has been taken in recent years to combat ageism; and his views on a campaign to combat the problem for people of all age groups. [17429/07]

Discrimination on the ground of age is prohibited under Irish law both in the area of employment and in access to and supply of goods and services. The Equal Status Acts 2000 to 2004 prohibit discrimination in the access to and provision of goods and services on nine grounds, which include age. The Employment Equality Acts 1998 to 2007 outlaw discrimination on the same grounds, but in the area of employment.

The provisions with regard to age were strengthened in the Equality Act, 2004 which gave effect to the EU Anti-Discrimination Employment Directive. No upper age threshold is provided for, although compulsory retirement ages may continue to be set. Prior to introduction of the 2004 Act, an Advisory Committee on Implementing Equality for Older People, chaired by the Equality Authority, prepared a report entitled Implementing Equality for Older People containing a series of recommendations for action on promoting equality for older people and challenging ageism.

The Equality Authority is the independent body set up under the equality legislation to promote equality of opportunity and to work towards the elimination of discrimination in relation to employment and the provision of goods and services. The Authority has undertaken a series of initiatives to combat the problem of ageism across all age groups.

The Equality Authority, the National Council on Ageing and Older People and the Health Service Executive have organised the annual Say No to Ageism Week, launched on 18 June. The Say No to Ageism Campaign is an annual campaign to tackle attitudes to ageism against older people. Early public awareness campaigns emphasised negative labelling and the limitations placed on people as they age. This year’s campaign highlights attitudes to ageism and uses outdoor advertising, national and local radio and a ‘beermat’ campaign to create opportunities for people to express their views and to discuss attitudes to ageism. The campaign is backed by a series of initiatives at local and regional level involving the Health Service Executive and partners in the transport sector including the Rural Transport Programme, Veolia (Luas), Bus Éireann, Iarnród Éireann and Dublin Bus. Specific training, consultative and educational initiatives have been undertaken in exemplar sites throughout the health services and in the employment, marketing and customer service areas of the transport sector to improve services and accessibility for older people. Reports of these initiatives were published during this year’s campaign.

The Equality Authority is conscious of the particular issues faced by young people in relation to ageism. The Equality Authority, in cooperation with the National Youth Council of Ireland, commissioned a report published in 2006 entitled Inequality and the Stereotyping of Youth People, which found that a majority of young people considered their institutional relationships with adults to be rooted in stereotypical attitudes. The report outlined a number of recommendations relating to status, resources, access to decision-making and relationships between key institutions and youth people. The Equality Authority and the National Youth Council of Ireland have held meetings with statutory and non-governmental organisations to identify effective strategies to implement these recommendations. The Equality Authority is also currently finalising a Youth Stereotyping Resource Pack for youth leaders and youth groups to support action by them to challenge ageism.

The Equality Authority has published research reports relevant to age discrimination, as follows:

Helen Russell and Tony Fahey (2004) ‘ Ageing and Labour Market Participation’, and

Anne Basten, Greg Irwin and Donna Heaney (2002) ‘ Labour Market Inequalities for Older People in Ireland: Listening to the Views of Older Persons’ (web publication only).

Departmental Programmes.

Seán Ardagh

Question:

630 Deputy Seán Ardagh asked the Minister for Justice, Equality and Law Reform the full details of the pilot project in relation to the management and removal of graffiti; if the amount involved is €3 million; the way the success of the project is being measured; and the timescale for the project. [16488/07]

My Department, in conjunction with the Department of Environment and Local Government and the Department of Community, Rural and Gaeltacht Affairs embarked on a pilot project in 2006 to deal with incidents of graffiti. This initiative involves the removal of graffiti from sites within the pilot areas of Dublin City, Galway City and Bray, Co. Wicklow. The clean up operation, which commenced in August 2006, was allocated a budget of €3 million for 2007. To date, over 2,200 sites have been identified and allocated to contractors for cleaning.

The pilot project is overseen by a steering group comprised of representatives from the three Departments, and an independent evaluation of the programme was commissioned in order to determine the programme's effectiveness. The evaluation report was received recently and is being examined.

Crime Levels.

James Bannon

Question:

631 Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the crime statistics for Ballymahon, County Longford for the years 2002 to 2007 inclusive; his views on providing additional full-time gardaí for Ballymahon Garda station, in view of the rapidly expanding population; and if he will make a statement on the matter. [16490/07]

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was 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, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics for the third and fourth quarters of 2006 and for the first quarter of 2007. 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 statistics sought by the Deputy directly to him. I am informed by the Garda authorities that the personnel strength (all ranks) of Ballymahon Garda Station as at 31 May 2007 was 4.

It is the responsibility of the Garda Divisional Officer to allocate personnel within his/her Division. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.

The situation will be kept under review and when additional personnel next become available the needs of Ballymahon Garda Station will be fully considered within the overall context of the needs of Garda Stations throughout the country.

Public Order Offences.

Thomas P. Broughan

Question:

632 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the measures in place to tackle anti-social behaviour carried out by individuals on scramble bikes, quad bikes and motor bikes in residential areas and local communities; if he has plans to strengthen the laws to tackle this type of anti-social activity; and if he will make a statement on the matter. [16521/07]

I am informed by the Garda authorities that they are aware of public concern at the misuse of the types of vehicles mentioned by the Deputy in certain areas, including public parks, and that they take a proactive approach in dealing with the matter. When persons are found using such vehicles in breach of legislation appropriate action, as circumstances dictate, is taken.

I am also informed by the Garda authorities that local Garda patrols target areas and public parks where the activities described by the Deputy are likely to be committed, to detect and deter offenders from such activity. Community Gardaí and Garda Mountain Bike Units are utilised to great effect in targeting this type of activity. Gardaí liaise with park wardens and other local authority personnel to address these issues and where appropriate recommend preventative measures. In certain areas specific initiatives have been put in place to target this activity.

I am further informed by the Garda authorities that section 41 of the Road Traffic Act, 1994 provides a power for a member of An Garda Síochána to detain vehicles used in a public place where the driver is too young to hold a driving licence, the vehicle is not insured or the vehicle has not been taxed for three months or more. These powers are fully utilised by the Garda authorities.

Residency Permits.

Pat Carey

Question:

633 Deputy Pat Carey asked the Minister for Justice, Equality and Law Reform if an application for family reunification has been decided upon in the case of a person (details supplied) in Dublin 11 who has refugee status; and if he will make a statement on the matter. [16525/07]

I am informed by the Immigration Division of my Department that a decision on the Family Reunification application was issued to the person in question on the 13th June 2007.

Citizenship Applications.

Bernard J. Durkan

Question:

634 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16560/07]

I am informed by the Immigration Division of my Department that there has been no application for Naturalisation on behalf of the person referred to by the Deputy. The person concerned made an application for long term residency in June 2006. She has recently been granted permission to remain for a five year period with an exemption from work permit requirements.

Residency Permits.

Bernard J. Durkan

Question:

635 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for extended residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [16561/07]

I refer the Deputy to Parliamentary Questions No. 300 of Wednesday, 31 January, 2007, No. 77 of Thursday, 26 October, 2006 and No. 425 of Wednesday, 27 September, 2006 and the written replies to those Questions. The position is unchanged.

Bernard J. Durkan

Question:

636 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a permanent residency card will issue in the case of a person (details supplied) in County Kildare who applied for same on 20 September 2006; and if he will make a statement on the matter. [16562/07]

I am informed by my Department that an application by the person in question was received by the EU Treaty Rights Section. Following an examination of this application it was refused under Regulation 3(2) of S.I. 656 of 2006 (Free Movement of Persons), on 23 May 2007. The applicant was informed of the above decision by registered post on 23 May 2007. The Regulation requires that in order to avail of residency rights under the Regulation, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland.

Bernard J. Durkan

Question:

637 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when he will be in a position to authorise family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [16563/07]

I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in April 2007. 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. This application will be considered by my Department and a decision will issue in due course.

Tom Hayes

Question:

638 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when an application for reunification submitted by a person (details supplied) will be decided. [16575/07]

I understand from the Immigration Division of my Department that a decision has been reached in relation to the application and the person in question will be informed of the decision shortly.

Paul Kehoe

Question:

639 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform if he will expedite the application for residency for a person (details supplied) in County Wexford; and if he will make a statement on the matter. [16599/07]

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

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. An application for long term residence from the person referred to by the Deputy was received on 5th March 2007. I understand that applications received in June 2006 are currently being dealt with.

Garda Investigations.

Michael Noonan

Question:

640 Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform the progress made in the investigation of the murder of a person (details supplied); and if he will make a statement on the matter. [16638/07]

I am informed by the Garda authorities that the investigation into the death of the person referred to is ongoing. To date a number of persons have been arrested and questioned in relation to this incident. When the Garda authorities have completed their investigation an investigation file will be submitted to the Law Officers. As this is an ongoing Garda investigation it would be inappropriate for me to comment further at this time.

Citizenship Applications.

Denis Naughten

Question:

641 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the procedure involved for an EU national, resident in this country for the past 18 months who wishes to apply for citizenship; and if he will make a statement on the matter. [16676/07]

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must—

be of full age, or by the way of exception, be a minor born in the State

be of good character

have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

intend in good faith to continue to reside in the State after naturalisation have made, either before a Judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

On receipt of an application for naturalisation, an initial examination is conducted in order to determine if the applicant meets the above-mentioned statutory residency criteria. If the applicant fulfils the residency criteria, the application will then be considered in accordance with the other statutory requirements before being passed to the Minister for a decision. At present, the average processing time for such applications is thirty months. The above conditions apply to Nationals of all States including Citizens of the European Union.

Further information may be obtained from my Department's website (www.justice.ie) or by telephoning the Citizenship Section helpline on Tuesdays or Thursdays between 10.00 a.m. and 12.30 p.m. at Lo-call 1890 551 550 or (01) 6167700.

Visa Applications.

Denis Naughten

Question:

642 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the status of a holiday visa application from a Thai national (details supplied); if he will expedite the case; and if he will make a statement on the matter. [16682/07]

The application referred to by the Deputy was received in the Visa Office, Dublin on 30th April, 2007. The decision of the Visa Officer to refuse this application was taken on 8th May, 2007. The application was refused because the Visa Officer could not be satisfied, on the basis of the documentation supplied, that a relationship had been in existence between the applicant and the reference prior to the visa application. It is open to the applicant to appeal this decision; however, to date, no appeal has been received. All appeals must be submitted within two months of the initial refusal decision.

Aengus Ó Snodaigh

Question:

643 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of a visa application appeal by a person (details supplied). [16696/07]

The application referred to by the Deputy was received in the Visa Office, Dublin on 12th January, 2007. I am pleased to inform the Deputy that the visa application was approved after appeal on 28th February, 2007.

Deportation Orders.

Aengus Ó Snodaigh

Question:

644 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will reconsider his decision to deny permission to remain and use his ministerial discretion to grant permission to remain to a person (details supplied) in County Kerry now that the judicial review decision has been delivered, in view of the fact that critical information was not available at the time he made his original decision two years ago and also when evidence was placed before the judge at the judicial review; and if he will make a statement on the matter. [16697/07]

Caoimhghín Ó Caoláin

Question:

724 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will reverse the deportation order against persons (details supplied) in County Cork. [17580/07]

I propose to take Questions Nos. 644 and 724 together.

The applicants instituted Judicial Review proceedings on 8 February 2006 challenging the Deportation Orders made in respect of them on 15 September 2005. These proceedings were determined on 18 April 2007 and reliefs sought were refused by the High Court. Subsequent to these proceedings additional information submitted by the applicants was fully considered by the Minister and the Deportation Orders were affirmed on 6 June 2007.

On 13 June 2007 the applicants indicated they intended to submit an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No 518 of 2006 ('the Regulations'). On 14 June 2007 my Department informed the applicants that the regulations are not applicable in cases where a Deportation Order was made before coming into operation of the regulations on 10 October 2006.

The applicants instituted Judicial Review proceedings on 18 June 2007 challenging the decision not to process an application for Subsidiary Protection and accordingly as the matter is sub judice, I do not propose to comment further.

Public Order Offences.

Aengus Ó Snodaigh

Question:

645 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of public order offences committed in St. James’s Hospital, Dublin in 2006 and to date in 2007; the steps that have been taken to address the problems of anti-social behaviour in and around the accident and emergency department; and if he will make a statement on the matter. [16707/07]

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was 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, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics for the third and fourth quarters of 2006 and for the first quarter of 2007. 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 information on the number of offences sought by the Deputy directly to him. I have requested a report from the Garda authorities in relation to addressing anti-social behaviour in the location referred to by the Deputy. I will contact the Deputy again as soon as the report is to hand.

Closed Circuit Television Systems.

Willie Penrose

Question:

646 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform when closed circuit television facilities which were promised for Mullingar, County Westmeath will be made available; the steps that will be taken to accelerate the provision of these facilities; and if he will make a statement on the matter. [16717/07]

I am informed by the Garda authorities that Mullingar is one of the towns included in the Garda Town Centre CCTV programme. Mullingar is in a group of nine locations for which a tender process is now underway. Depending on the conclusion of the tender process it is anticipated that installation of the system will be substantially completed this year.

An important development with regard to the Garda CCTV systems is the decision to outsource the implementation of the systems as well as their ongoing support. Therefore, issues such as planning matters are now the responsibility of the supplier while overall project control remains with An Garda Síochána. This approach will contribute to the speedier implementation of the Garda CCTV systems. Another significant aspect is the decision by An Garda Síochána to implement, where possible, wireless technology. This will limit the need for costly and time-consuming excavation works when CCTV systems are being installed.

Missing Persons.

Willie Penrose

Question:

647 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to urgently put in place the necessary funding to ensure that the missing persons helpline is restored to full operation; if he will make contact with the Missing in Ireland Support Service which has been set up to work in conjunction with the said helpline as a referral service; and if he will make a statement on the matter. [16718/07]

I am informed that funding to support the operation of a missing persons helpline is being considered by Commission for the Support of Victims of Crime, on foot of an application by Missing in Ireland Support Services (MISS). The Commission, established in March 2005 with a three year remit, was given two main functions:

to distribute funding for organisations that give support to victims of crime, and

to develop a framework for services to victims of crime.

I understand that the Commission has been in ongoing contact with the Chairperson of MISS over the past few months and that support has been offered for the operation of the helpline. I am further informed that the Chairperson of the Commission together with another member of the Commission met with representatives of MISS on Wednesday 20 June 2007 to further consider their application for funding to establish a missing persons helpline and to provide such ongoing supports as are necessary to operate such a helpline. It should be borne in mind that the Commission is charged with funding support services for victims of crime, and that, while some persons who are missing are crime victims, most are not.

I should point out that the Commission is entirely independent in the performance of its functions and it would not be appropriate for me to comment or intervene in any way with a decision taken by the Commission in relation to the allocation of funding.

Visa Applications.

John Perry

Question:

648 Deputy John Perry asked the Minister for Justice, Equality and Law Reform when a visa will be issued to a person (details supplied); and if he will make a statement on the matter. [16742/07]

The application referred to by the Deputy was received in the Visa Office in Dublin on 7th June, 2007. The decision of the Visa Officer to refuse this application was taken on 14th June, 2007.

The application was refused because the Visa Officer could not be satisfied, on the basis of the documentation supplied, that the applicant had demonstrated a sufficient obligation to return home following the visit. In addition no clear link to the reference was shown and the finances provided were not deemed sufficient. The Visa Officer was also not satisfied the applicant would observe the conditions of the visa. Finally there were inconsistencies in the information provided.

It is open to the applicant to appeal this decision; however, to date, no appeal has been received. All appeals must be submitted within two months of the initial refusal decision.

Departmental Correspondence.

Brian O'Shea

Question:

649 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 84 of 1 February 2007 if the file of the person involved (details supplied) has been passed on to him; and if he will make a statement on the matter. [16759/07]

I refer the Deputy to Parliamentary Questions No. 148 of Thursday, 5 April, 2007 and No. 84 of Thursday, 1 February, 2007 and the written replies to those Questions. The position is unchanged.

Residency Permits.

Bernard J. Durkan

Question:

650 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding a visa application in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [16767/07]

I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in March 2006. This application is under consideration by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking approximately 15-18 months to process.

Bernard J. Durkan

Question:

651 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application to remain in the State based on the parentage of an Irish born child in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16768/07]

The person in question submitted an application on 27th March, 2007 for renewal of permission to remain in the State based on their parentage of their Irish born child. However, as the individual concerned was not granted permission to remain in the State under the terms of the original IBC 05 scheme, the application was returned on 27th March, 2007.

Bernard J. Durkan

Question:

652 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the immigration of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [16769/07]

The applicants' permission to remain expired on 31 May 2007. Their immigration status will be reconsidered by the General Immigration Division of my Department on the submission of details of their current circumstances.

Bernard J. Durkan

Question:

653 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the procedure to be followed to renew, re-issue green card, registration card in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16770/07]

The Immigration Division of my Department has recently written to the person concerned requesting documentation in relation to her request for an extension of permission to remain in the State. The application will be further processed upon receipt of these documents.

Bernard J. Durkan

Question:

654 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding a residency application for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16771/07]

I refer the Deputy to Parliamentary Questions No. 486 of Wednesday, 31 January, 2007 and No. 176 of Thursday, 9 February, 2006 and the written replies to those Questions. The position is unchanged.

Bernard J. Durkan

Question:

655 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a new Garda National Immigration Bureau card will issue to a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [16772/07]

Bernard J. Durkan

Question:

656 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [16773/07]

I propose to take Questions Nos. 655 and 656 together.

I am informed by Immigration Division of my Department that they have written to the person in question instructing him to report to the Garda National Immigration Bureau to have his permission to remain renewed.

Travel Document Applications.

Bernard J. Durkan

Question:

657 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a travel document will issue to a person (details supplied) in Dublin 15 who applied for same on 29 March 2007; and if he will make a statement on the matter. [16774/07]

The person referred to made an application for a temporary Travel Document in order to travel and obtain their own national passport. The application is currently under consideration and the Naturalisation and Immigration Service of my Department will contact the person in question shortly.

Residency Permits.

Bernard J. Durkan

Question:

658 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency, naturalisation in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [16775/07]

I refer the Deputy to Parliamentary Questions No. 108 of Thursday, 1 March, 2007, No. 107 of Thursday, 22 February, 2007, No. 329 of Wednesday, 27 September, 2006 and No. 702 of Tuesday, 25 April, 2006 and the written replies to those Questions. The position is unchanged.

Citizenship Applications.

Bernard J. Durkan

Question:

659 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [16776/07]

Applications for certificates of naturalisation from the persons in question were received in the Citizenship section of my Department of 4 January 2007. Officials in that Section are currently processing applications received in the latter half of 2004 and have approximately 11,700 applications on hand to be dealt with before those of the persons concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the applications will commence in the second half of 2009. I will inform the Deputy and the persons in question when a decision is reached in each case.

Residency Permits.

Bernard J. Durkan

Question:

660 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding leave to remain in the State in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [16777/07]

The person in question made an application for residency on the basis of being a family dependent of a person who was granted permission to remain in the State as the parent of an Irish born child prior to 2003. The application was received in April 2007. Applications of this nature are dealt with in chronological order, in fairness to all other such applicants and currently take approximately four months to process following receipt of all relevant information.

Bernard J. Durkan

Question:

661 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of a person (details supplied) in Dublin 15 who has been resident here since 2000; and if he will make a statement on the matter. [16778/07]

Bernard J. Durkan

Question:

696 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [17394/07]

I propose to take Questions Nos. 661 and 696 together.

In relation to the first person concerned, I refer the Deputy to Parliamentary Question No. 208 of Tuesday, 24 April, 2007 and the written reply to that Question. The position is unchanged.

The second person concerned arrived in the State on 8 August, 2000 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 31 October, 2002, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

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

Bernard J. Durkan

Question:

662 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for reunification in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [16779/07]

The person in question made an application for Family Reunification in May 2006. 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. This application will be considered by my Department and a decision will issue in due course.

Registration of Title.

John Perry

Question:

663 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if he will intervene with the land registry office on an application (details supplied) and have it processed; and the reason for the delay. [16838/07]

John Perry

Question:

679 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if he will intervene with the land registry regarding an application (details supplied) and have it processed; and the reason for the delay. [17031/07]

I propose to take Questions Nos. 663 and 679 together.

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 a service for TDs and Senators concerning the current status of applications of this type which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions.

Residency Permits.

Michael Ring

Question:

664 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when a decision will be made on the residency application for the spouse of a person (details supplied) in County Mayo. [16853/07]

I refer the Deputy to my previous replies of 20th March 2007 and 5th April 2007 in relation to the person in question. The position remains unchanged.

Visa Applications.

Ruairí Quinn

Question:

665 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if there has recently been a change in the regulations and requirements for persons who are not EU citizens staying here on student visas who wish to extend their visa; the changes in relation to same; the locations and the way such changes were notified to the public and to the groups most affected, including the English language schools; his views on whether the requirements for standing bank balance are punitive in view of the fact that those affected are students; his plans to address this issue; and if he will make a statement on the matter. [16861/07]

I can inform the Deputy that there have been no changes to the conditions applying to the renewal of permissions to remain in the State granted to non EEA students. I am aware that a notice outlining changed conditions was, due to an error of communication, recently posted in the offices of the Garda National Immigration Bureau and I appreciate that this gave rise to some confusion regarding the renewal of such permissions. That notice has since been removed.

My Department is however conducting a review of the qualifying conditions that apply to such renewals. Matters under review include the level of funds that a student must have in order to show that they can support themselves financially while in the State and the means whereby it can be verified that these funds are genuinely at the student's disposal (i.e. not merely transferred for a short period so as to satisfy the immigration authorities). The Deputy may be aware that there have been a number of abuses in this sector in the past. Any significant changes arising from this review will be notified well in advance.

Michael Ring

Question:

666 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if a visa will be granted on appeal to a person (details supplied). [16898/07]

I refer the Deputy to the answer given by my predecessor to Parliamentary Question Number 420 of 31 January, 2007. The position remains the same. The application was received in the Visa Office, Cairo. The decision of the Visa Officer to refuse the application was taken on September 5th, 2006. The Visa Officer who examined the application was not satisfied, on the basis of the documentation submitted, that the applicant would adhere to the conditions of the visa.

An appeal against the refusal decision was received in November, 2006. Following a re-examination of the application, the decision to refuse was upheld in January, 2007 as the applicant had not adequately addressed the reason for refusal. As each applicant is entitled to one appeal only, no further review in this matter can be granted; however it is open to the applicant to make a fresh application.

Citizenship Applications.

Michael Ring

Question:

667 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when he expects to deal with an application for naturalisation by a person (details supplied) in County Mayo. [16899/07]

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 5 March 2007. Officials in that Section are currently processing applications received in the latter half of 2004 and have approximately 12,900 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in late 2009. I will inform the Deputy and the person in question when a decision is reached in the case.

Michael Ring

Question:

668 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when he will make a decision on applications for certificates of naturalisation from persons (details supplied) in County Mayo. [16900/07]

The position concerning the applications for naturalisation in respect of the persons in question remains as outlined in my predecessor's response to the Deputy's parliamentary question number 113 of 24 April 2007.

Residency Permits.

Michael Ring

Question:

669 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application for long-term residence will be granted to a person (details supplied) in County Mayo; the date on which this application was received in the Department; and the average processing time for such applications. [16901/07]

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

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residence from the person referred to by the Deputy was received in October 2006. I understand that applications received in June 2006 are currently being dealt with.

Michael Ring

Question:

670 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application for long-term residence will be granted to a person (details supplied) in County Mayo. [16902/07]

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

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. I understand from the Immigration Division of my Department that the application is currently under consideration. As soon as a decision is made on the case, the person concerned will be notified.

Garda Recruitment.

Michael Ring

Question:

671 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when the next recruitment campaign for the Garda will be launched. [16903/07]

Recruitment to An Garda Síochána is a matter in the first instance for the Public Appointment Service and then for the Commissioner of An Garda Síochána. The Public Appointment Service is located in Chapter House, 26-30 Abbey Street Upper, Dublin 1, and can be contacted at Lo-Call 1890 44 99 99 or by e-mail at info@publicjobs.ie. There is currently no date set for the next recruitment competition. However, I am informed that one will be held within the coming months.

Citizenship Applications.

Michael Ring

Question:

672 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when Irish citizenship by naturalisation will be approved for persons (details supplied) in County Mayo. [16904/07]

Applications for certificates of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship Section of my Department on 1 June 2005 and 7 February 2006.

Officials in that Section are currently processing applications received in the latter half of 2004 and have approximately 2,000 and 5,500 applications to be dealt with before those of the first and second named individuals respectively. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the applications will commence in early 2008 and late 2008 respectively. I will inform the Deputy and the individuals concerned when I have reached a decision on the applications.

Residency Permits.

Michael Ring

Question:

673 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when long-term residence will be granted to persons (details supplied) in County Mayo. [16905/07]

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

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. An application for long term residence from the person referred to by the Deputy was received in July 2006. I understand that applications received in June 2006 are currently being dealt with.

Citizenship Applications.

Olivia Mitchell

Question:

674 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for citizenship by persons (details supplied); and if he will make a statement on the matter. [16916/07]

Applications for certificates of naturalisation were received from the persons referred to in the Deputy's question on 7 October 2005. I understand that processing of both applications has commenced and that the case files will be submitted to me for a decision in the coming months. I will advise the Deputy and the persons in question once I have reached a decision on the applications.

Olivia Mitchell

Question:

675 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform when he will make a decision on an application from a person (details supplied) in Dublin 16 for naturalisation; and if he will make a statement on the matter. [16917/07]

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 in August 2005. The application was recently forwarded to me for a decision on whether to grant a certificate of naturalisation and I decided to refuse the application. A letter informing the applicant of the reason for refusal was issued on 21 May 2007. It is open to the individual concerned to lodge a new application at any stage. However, he should bear in mind the previous reasons for refusal.

Jack Wall

Question:

676 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for naturalisation by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16979/07]

An application for a certificate of naturalisation from the individual concerned was received in the Citizenship Section of my Department on 1 November 2005. As the person in question did not satisfy the statutory residency conditions as set out in Section 15 of the Irish Nationality and Citizenship Act, 1956 as amended, he was deemed ineligible to apply for naturalisation at the time. He was advised accordingly in March 2007.

It is open to the person in question to apply for a certificate of naturalisation at a future date, provided he satisfies the statutory conditions applicable at that time.

Residency Permits.

Jack Wall

Question:

677 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application by persons (details supplied) in County Kildare for permission for their daughter to remain in Ireland; and if he will make a statement on the matter. [16980/07]

The person in question made an application for permission to remain in the State based on student conditions. The Immigration Division of my Department has recently written to the person concerned requesting documentation to enable the further processing of the application. The application will be further processed upon receipt of these documents.

Asylum Applications.

Pat Breen

Question:

678 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 137 of 29 March 2007 when an application for a person (details supplied) in County Clare will be processed; and if he will make a statement on the matter. [17018/07]

Processing of this application is at an advanced stage and I expect the file to be presented to me for a decision in the near future. I will inform the Deputy and person concerned when I have reached a decision on the application.

Question No. 679 answered with QuestionNo. 663.

Registration of Title.

John Perry

Question:

680 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if he will intervene with the land registry regarding when an application (details supplied) will be processed; the reason for the delay; and if he will make a statement on the matter. [17032/07]

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 a service for TDs and Senators concerning the current status of applications of this type which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions.

John Perry

Question:

681 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if he will intervene with the land registry regarding when an application (details supplied) will be processed; the reason for the delay; and if he will make a statement on the matter. [17033/07]

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 a service for TDs and Senators concerning the current status of applications of this type which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions.

John Perry

Question:

682 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if he will intervene with the land registry regarding when an application (details supplied) will be processed; the reason for the delay; and if he will make a statement on the matter. [17034/07]

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 a service for TDs and Senators concerning the current status of applications of this type which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions.

Visa Applications.

Willie Penrose

Question:

683 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to have an application for a visa in respect of a person (details supplied) in County Westmeath expedited; and if he will make a statement on the matter. [17082/07]

The application referred to by the Deputy was received in the Visa Office, Dublin on 29 May 2007. I am pleased to inform the Deputy that the visa application was approved following appeal on 22 June 2007.

Citizenship Applications.

Caoimhghín Ó Caoláin

Question:

684 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the steps he will take to improve efficiency in the processing of citizenship applications, the current waiting time for which is approximately 30 months. [17087/07]

Applications for certificates of naturalisation are generally dealt with in chronological order as this method is deemed to be fairest to all applicants. The average processing time for such applications is approximately 30 months and this is primarily due to the significant increase in the volume of applications received in the last number of years.

The table shows the total number of applications received in the years 2000 to date. These figures illustrate a significant upward trend in the number of applications received. With over 3,000 applications received to date in 2007, this upward trend looks set to continue for the foreseeable future.

Year

Applications for naturalisation received

2000

1,004

2001

1,431

2002

3,574

2003

3,580

2004

4,074

2005

4,523

2006

7,030

2007 (as at 22 June 2007)

3,157

The granting of Irish citizenship through naturalisation is an honour and applications must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is given only to persons who satisfy the necessary qualifying criteria.

The procedures employed to assess an applicant for naturalisation are as set out in summary form below. Upon receipt, each application is examined to determine if the statutory application is completed fully. Incomplete application forms are returned to the applicant for amendment. Valid applications are then examined to determine if the applicant meets the statutory residency criteria set out in the Irish Nationality and Citizenship Act.

Passports and other documentation are examined in detail and enquiries with the Garda National Immigration Bureau may also be necessary. Since this procedure was introduced on 1 April 2005, over 3,500 applicants who applied since that date have been found to be ineligible. All such applicants are informed of any shortfall in their residency and will be able to reapply when they have the required residency.

The next stage of the process involves assessing an applicant's financial status in respect of their ability to support themselves in the State. Inquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. At the same time inquiries are also made with the Garda Síochána to clarify if the applicant can be deemed to be of good character. There may also be circumstances in individual cases which require a greater level of investigation than other cases. Once all enquiries are completed, the file is referred to me for a decision. The Deputy will appreciate that these processes can take a lengthy time to complete.

The above procedures have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, having regard to the resources available, which are kept under constant review, there is a limit to the reduction in the processing time that can be achieved. However, I share the Deputy's concerns that the existing waiting time of 30 months is excessive and, accordingly, I have instructed my officials to undertake a review of the various processes in order that these might be streamlined further where possible.

Visa Applications.

Richard Bruton

Question:

685 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if he will arrange to issue travel documents for persons (details supplied). [17088/07]

My Department has received no application for a travel document from the persons concerned. In the event that an application is made the matter will be considered.

Human Trafficking.

Richard Bruton

Question:

686 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the laws that apply here governing human trafficking; his views on whether the penalties are adequate and whether it provides a legal framework for protecting and rehabilitating those trafficked; and when he will ratify UN and Council of Europe conventions. [17089/07]

Under current Irish criminal law it is an offence, punishable by up to life imprisonment, to traffic a person under 17 years of age, male or female, into, through or out of Ireland for the purpose of that person's sexual exploitation. This is provided for in the Child Trafficking and Pornography Act 1998. Under the Illegal Immigrants (Trafficking) Act 2000, it is an offence for a person to organise or knowingly facilitate the entry into Ireland of another person whom that person knows or has reasonable cause to believe is an illegal immigrant. The penalty on conviction on indictment for this offence is a maximum of ten years imprisonment or an unlimited fine or both.

Legislation creating an offence of recruiting, transporting, transferring to another person, harbouring or knowingly arranging or facilitating the entry into, travel within or departure from the State of a person for the specific purpose of the trafficked person's sexual or labour exploitation or removal of his or her organs is at present being drafted in the Office of the Parliamentary Counsel. It provides a penalty on conviction on indictment for the offence of a maximum of life imprisonment for the trafficking of a child under 18 years of age and a maximum of 14 years imprisonment for trafficking an adult.

The penalties provided for in the existing and proposed legislation are severe and show, I believe, our abhorrence to the crime of trafficking in persons. At present, victims of trafficking are dealt with on an administrative basis having regard to the particular circumstances of each case. It is recognised that victims of trafficking, who are often highly traumatised by their experiences, require care and protection. The relevant authorities are mindful of this fact when dealing with the victims of trafficking and approach such cases in a sympathetic and pragmatic manner.

In addition, it is intended that the Immigration, Residence and Protection Bill 2007 will, upon enactment, provide a framework to deal with immigration related matters arising from the relevant protection provisions in the Council of Europe Convention on action against trafficking in persons. In particular, in the context of the treatment of victims, the Bill will allow for arrangements to be put in place whereby a victim of trafficking will be afforded an immediate period of recovery and reflection in the State and also, in circumstances where he or she wishes to participate in any criminal proceedings in the matter, a further period of residence in the State to enable him or her to do so.

On enactment of these pieces of legislation, which I am treating as an urgent priority within my Department, Ireland will be in a position to ratify the international instruments on trafficking in persons.

Residency Permits.

Jack Wall

Question:

687 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for right of permanence by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17103/07]

I am informed by my Department that an incomplete application was received from the person concerned. My Department is in the process of writing to the person concerned to further process his application. When the application is fully complete it will be examined in the normal course.

John Perry

Question:

688 Deputy John Perry asked the Minister for Justice, Equality and Law Reform when a decision will be made on the visa application of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [17130/07]

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

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long-term residency. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long-term residence from the person referred to by the Deputy was received in July 2006. I understand that applications received in June 2006 are currently being dealt with.

John Perry

Question:

689 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the status of an application for residency by a person (details supplied); and if he will make a statement on the matter. [17131/07]

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

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long-term residency. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long-term residence from the person referred to by the Deputy was received in January 2007. I understand that applications received in June 2006 are currently being dealt with.

Garda Civilianisation Programme.

Richard Bruton

Question:

690 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the targets being set for the planned rapid improvement of the ratio of civilian staff to Garda officers across the organisation. [17370/07]

I have been informed by the Garda authorities that the number of full and part-time civilian staff assigned to An Garda Síochána is currently 2,140. In December 2006, approval was received to recruit 300 additional Clerical Officers for the Dublin Metropolitan Region of An Garda Síochána and as of 25 June 2007, 185 of these have been appointed. The recruitment of the remainder is currently under way. In addition to this, in May 2007, approval was given for the recruitment of an additional 300 civilians to be deployed in Garda Stations outside the Dublin Metropolitan Region. The recruitment campaign to fill these positions is currently underway by the Public Appointments Service on behalf of the Garda Commissioner.

I have been informed by Garda Management that the following are some of the continuing additional significant developments in enhancing civilian support in An Garda Síochána.

A new dedicated Human Resource Directorate has been established to manage the growing numbers of administrative and technical staff. This Directorate will have a total staff allocation of 37.

The Garda Information Service Centre (GISC) in Castlebar is now fully operational with a staffing complement of 162 civilians. Additional civilian staff are currently being recruited to bring the staff complement up to 190.

An Garda Síochána will be recruiting an additional 40 staff to the Garda Central Vetting Unit in Thurles, bringing the total staff number, all grades, up to 75 staff.

The appointment of Senior and Higher Crime and Policing Analysts will take place on 1 August 2007, as the first step in the development of the new Crime Analysis Service.

31 new civilian posts in the Garda Telecommunications area are currently being filled.

Sanction has been granted for an additional 76 civilian middle management clerical and administrative posts to be located around the country on a Regional and Divisional basis. Recruitment for these posts is currently underway.

The Commissioner is in the process of recruiting a new civilian Chief Administrative Officer at a grade equivalent to Deputy Commissioner, and a civilian Director of Communications is also being recruited.

The Commissioner will also be recruiting civilian Directors in areas such as Human Resources, Information Communications Technology, Change Management and Head of Legal Affairs.

Approval has been received for the appointment of a new Head of Procurement for An Garda Síochána and a Multi-Media Technician to work in the Garda Press and Public Relations Office.

An Garda Síochána is committed to achieving the greatest level of civilianisation consistent with the effective and efficient functioning of An Garda Síochána and will continue to work to drive the civilianisation programme forward.

Garda Charter.

Richard Bruton

Question:

691 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform when he will introduce the Garda charter setting out targeted Garda response times and levels of service. [17371/07]

The charter referred to by the Deputy is intended to ensure that the level of service provided by An Garda Síochána to the public is maintained at a high level. Officials of my Department are making preparations to develop this charter in consultation with the Garda Inspectorate and the Garda Commissioner. I intend to introduce this charter as soon as possible.

Garda Stations.

Niall Collins

Question:

692 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a new Garda station in Kilfinane, County Limerick. [17372/07]

I am informed by the Garda authorities that the Office of Public Works, which has responsibility for the provision of Garda stations, will re-survey the site for Kilfinane Garda station and prepare a sketch scheme (outline drawing) for the station for Garda approval in the near future.

Public Order Offences.

Pat Carey

Question:

693 Deputy Pat Carey asked the Minister for Justice, Equality and Law Reform the plans his Department has for the enactment of legislation to respond to the recent court judgment in relation to vagrancy, busking and begging; and if he will make a statement on the matter. [17378/07]

The offences referred to by the Deputy arise under section 3 of the Vagrancy (Ireland) Act 1847 and are subject to a penalty of up to one month's imprisonment. The High Court delivered its judgment recently in the case of Niall Dillon -v- The DPP. That case concerned the constitutionality of section 3 of the Vagrancy (Ireland) Act 1847. The Court held that the provision is unconstitutional. The Court's written judgement is still awaited. It will be examined when it becomes available, with a view to determining the appropriate response.

The Deputy will be aware that the Law Reform Commission in its Report on Vagrancy and related offences (LRC11-1985) examined provisions relating to the offence of begging. The recommendations of the Commission included proposals for the repeal of the entire Vagrancy Act 1847, Section 2 of the Prevention of Cruelty to Children Act 1904 and certain parts of Section 4 of the Vagrancy Act 1824. The Commission recommended that new legislative provisions should be introduced, making it an offence to beg (i) in a public place, or (ii) from house to house in a manner likely to cause fear or annoyance.

The Commission also recommended that the maximum penalty for this offence be a fine of £100 and/or one month imprisonment. The Commission's other recommendations pertained to provisions related to causing or procuring a child to beg (this aspect was addressed in the Children Act 2001) and an offence relating to those collecting for charities under the Street and House to House Collections Act 1962 who obstruct a passerby in a manner likely to cause fear or annoyance.

The Commission's recommendations will be among the matters to be considered once the judgment in the Dillon case becomes available.

Asylum Applications.

Bernard J. Durkan

Question:

694 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when the review of application for family reunification will be completed in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [17392/07]

I wish to refer the Deputy to the reply to Parliamentary Question No. 211 of 24 April 2007. I am informed by the Immigration Division of my Department that a decision to refuse an application for Family Reunification by the person in question issued on 7 December 2006. The matter is under review and a decision will issue in due course.

Citizenship Applications.

Bernard J. Durkan

Question:

695 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when it is expected that a naturalisation application in the name of a person (details supplied) in Dublin 1 will be processed; and if he will make a statement on the matter. [17393/07]

An application for the person referred to in the Deputy's question was received in the Citizenship Section of my Department on 14 July 2005. Processing of the application has commenced and the file will be submitted to me for a decision in the near future. I will inform the Deputy and the individual concerned when a decision is made on the application.

Question No. 696 answered with QuestionNo. 661.

Asylum Applications.

Bernard J. Durkan

Question:

697 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [17395/07]

Bernard J. Durkan

Question:

699 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a passport will be returned in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [17397/07]

I propose to take Questions Nos. 697 and 699 together.

I am informed by the Immigration Division of my Department that the person in question and her spouse have been granted refugee status in the State. An application for Family Reunification was made by the spouse of the person in question for the two children in March 2003. A second application for Family Reunification for the two children was made by the person referred to by the Deputy in July 2004.

These applications were forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. The investigation was completed and the Commissioner has forwarded reports to my Department. Following consideration of the reports, these applications were refused on 7 November 2006 and the applicants were notified accordingly. The children's passports were forwarded to the Garda National Immigration Bureau for investigation as outlined in the refusal letters.

Bernard J. Durkan

Question:

698 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for residency status in the case of persons (details supplied) in Dublin 8; and if he will make a statement on the matter. [17396/07]

It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on these applications will be made upon the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Question No. 699 answered with QuestionNo. 697.

Bernard J. Durkan

Question:

700 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [17398/07]

It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Citizenship Applications.

Bernard J. Durkan

Question:

701 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for naturalisation in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [17399/07]

Applications for certificates of naturalisation on behalf of the persons in question were received in the Citizenship Section of my Department on 17 July 2006. Due to the fact that applications on behalf of minors generally require less processing than standard adult applications, it is usually possible to finalise them more quickly. Based on current processing trends, it is likely that these applications will be finalised in the first half of 2008. I will advise the Deputy and the applicants when I have reached a decision in the matter.

Residency Permits.

Bernard J. Durkan

Question:

702 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [17400/07]

I am informed by the Immigration Division of my Department that this application is in the final stages of processing and a decision will issue shortly.

Asylum Applications.

Bernard J. Durkan

Question:

703 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [17401/07]

This applicant applied for asylum on 16 September 2002. Her application was refused and a Deportation Order was made on 11 March 2005. The applicant instituted Judicial Review proceedings on 18 April 2005 challenging the Deportation Order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.

Bernard J. Durkan

Question:

704 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [17402/07]

I refer the Deputy to the reply given to Question 371 by the then Minister on 31 January 2007. I wish to re-iterate that the case of the person concerned falls under the terms of the Dublin II Regulation, (Council Regulation (EC) No. 343/2003). Following investigation by the Office of the Refugee Applications Commissioner a Transfer Order was signed in respect of the person concerned on 13 October 2005, obliging her to present to the Garda National Immigration Bureau, (GNIB), in order for arrangements to be made for her transfer to the Netherlands where she had previously made an asylum application. The GNIB attempted to effect her transfer on 28 October 2005, but the person evaded.

The person concerned continues to evade her transfer and is illegally present in the State. I would therefore urge the person concerned to come forward and present herself to the Garda National Immigration Bureau without further delay in order to allow her transfer to the Netherlands to be effected.

Residency Permits.

Bernard J. Durkan

Question:

705 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of naturalisation in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [17403/07]

The person in question was granted permission to remain in the State on 13 February 2006 under the revised arrangements for parents of Irish children born prior to 1 January 2005, commonly referred to as the IBC/05 scheme. An application for renewal of this permission to remain in the State was received and acknowledged by my Department on 30 April 2007. I am pleased to inform the Deputy that the permission to remain for the person in question has been renewed until 13 February 2010.

Asylum Applications.

Bernard J. Durkan

Question:

706 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of residency and naturalisation status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17404/07]

It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by a independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Bernard J. Durkan

Question:

707 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [17405/07]

The person concerned arrived in the State on 4 August 2000 as a minor and was included in his brother's application for asylum. This application was refused following consideration of their 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, they were informed by letter dated 28 December 2001 that the Minister proposed to make deportation orders in respect of them. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons they should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

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

Bernard J. Durkan

Question:

708 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17406/07]

I understand from the Immigration Division of my Department that this application is in the final stages of processing and that a decision will issue shortly.

Residency Permits.

Bernard J. Durkan

Question:

709 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when residency status in the case of persons (details supplied) in County Kildare will be finalised in view of the fact that their family have been refused leave to work; and if he will make a statement on the matter. [17408/07]

The person in question was granted permission to remain in the State on 7 December 2005 for a period of two years, under the revised arrangements for parents of Irish children born prior to 1 January 2005, commonly referred to as the IBC/05 scheme. This permission allowed the individual concerned to work in the State without the need for a work permit.

Regarding the adult family members of the person in question, they are advised to submit representations to my Department under Section 3 of the Immigration Act 1999 for consideration of humanitarian leave to remain.

Citizenship Applications.

Bernard J. Durkan

Question:

710 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [17409/07]

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 in January 2006. Officials in that Section are currently processing applications received in the latter half of 2004 and have approximately 5,000 applications on hand to be processed before that of the individual concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants.

However, I understand that the person concerned is a refugee and in accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible. Therefore, it is likely that the application will be submitted to me for a decision by late 2007.

Bernard J. Durkan

Question:

711 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [17410/07]

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 in June 2006. Officials in that Section are currently processing applications received in the latter half of 2004 and have approximately 7,500 applications on hand to be processed before that of the individual concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants.

However, I understand that the person concerned is a refugee and in accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible. Therefore, it is likely that the application will be submitted to me for a decision by mid-2008.

Bernard J. Durkan

Question:

712 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of the application for naturalisation in the case of a person (details supplied) in County Kildare in view of the fact that the child’s mother has already been granted naturalisation; and if he will make a statement on the matter. [17411/07]

An application for a certificate of naturalisation on behalf of the person in question was received in the Citizenship Section of my Department on 20 March 2006. Due to the fact that applications on behalf of minors generally require less processing than standard adult applications, it is usually possible to finalise them more quickly. Based on current processing trends, it is likely that this application will be finalised in first quarter of 2008. I will advise the Deputy and the applicant when I have reached a decision in the matter.

Registration of Title.

John Perry

Question:

713 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the status of the land registry application of a person (details supplied); and if he will make a statement on the matter. [17461/07]

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 a service for TDs and Senators concerning the current status of applications of this type which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions.

Residency Permits.

Michael Ring

Question:

714 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Mayo has applied to obtain a Stamp 4; and if so, the position in relation to same. [17471/07]

I am informed by the Immigration Division of my Department that there is no record of an application from the person referred to by the Deputy for an exemption from work permit requirements. I understand that the person concerned has permission to remain in the State until 19 March 2008 with an unlimited work permit.

Persons who have been legally resident in the State for over five years (ie: 60 months) on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years (ie: 60 months) may also apply for long-term residency. This particular long-term permission does not exempt the person from employment permit requirements.

In considering such applications the following documents are required:

1.Clear and legible copy of passport (all pages). In the event that the passport has been renewed since commencing employment, a copy of the previous passport must be provided.

2.Copy of Certificate of Registration.

3.Copies of work permits/working visa endorsements/work authorisation endorsements.

Due to the large number of applications, I understand that applications received in June 2006 are currently being dealt with. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

Visa Applications.

Michael Ring

Question:

715 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when applications for persons (details supplied) will be dealt with. [17472/07]

The applications referred to by the Deputy were considered and refused by the Visa Officer in Cairo. The decisions were conveyed by letters dated 11 June 2007. Three of the applications were refused because the applicants' relative in Ireland was earning less than the Family Income Supplement limit. The fourth was refused because the Visa Officer considered that the applicant had not shown a sufficient obligation to return home. Further, the Visa Officer was not satisfied that the applicant would adhere to the conditions of a visa if granted.

It is open to all of the applicants to appeal the decision taken in their case. Any such appeal should be submitted within two months of the initial decision.

Róisín Shortall

Question:

716 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform if a visa issued to a person (details supplied) can be renewed or extended; the procedure involved; and if he will make a statement on the matter. [17489/07]

The Immigration Division of my Department has recently written to the person concerned requesting documentation in relation to her request for an extension of permission to remain in the State. The application will be further processed upon receipt of these documents.

John Perry

Question:

717 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the reason a visa was refused for a person (details supplied) in view of the fact that all documents were furnished; if he will re-access the file; and if he will make a statement on the matter. [17510/07]

The application referred to by the Deputy was received in the Visa Office on 29th May, 2007. The decision of the Visa Officer to refuse this application was taken on 6th June, 2007. The application was refused because the Visa Officer was not satisfied with the financial evidence provided. The Officer was also of the opinion that the granting of the visa could result in a cost to public funds and public resources. The information supplied with the application contained inconsistencies. And finally there was no work permit supplied with the application.

It is open to the applicant to appeal this decision; however, to date, no appeal has been received. All appeals must be submitted within two months of the initial refusal decision.

Legal Aid Service.

David Stanton

Question:

718 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform if there is assistance available through his Department or any agency associated with his Department to help cover the cost of DNA tests when such tests are requested by the courts in order to determine paternity; and if he will make a statement on the matter. [17511/07]

My Department does not have a role in the provision of paternity testing services as described by the Deputy. I can, however, inform the Deputy that the Legal Aid Board, which comes under the aegis of my Department, may cover the cost of DNA tests to determine paternity in certain circumstances and provided that the person seeking this assistance is in receipt of legal aid. i.e. s/he has applied for and been granted a legal aid certificate authorising proceedings in relation to children.

Any such application may be made by either party to the issue of paternity and all such applications are considered in accordance with the provisions of the Civil Legal Aid Act, 1995 and the Regulations made thereunder. I understand that the Board has its own guidelines in relation to the circumstances in which it will approve the costs of DNA tests and the extent to which it will bear those costs. These guidelines are designed to ensure consistency in decisions in legally aided cases and, in common with all of the Board's guidelines on legal services, reflect the Board's commitment to providing a professional legal aid service to those who rely on the Board for such services.

Crime Prevention.

Finian McGrath

Question:

719 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will ensure that a safety and security plan is implemented in an area (details supplied) in Dublin 5; and if he will make it a priority. [17530/07]

I am informed by the Garda authorities that the area in question is actively policed by Gardaí from Clontarf Garda Sub-district. Local Garda management is aware of complaints of anti-social behaviour in the area concerned and have directed that additional patrols by uniform and plain clothes Gardaí, including the local Community Policing Unit, be deployed in the area, with a view to ensuring a concentrated and visible presence in the area.

I am further informed by the Garda authorities that current policing policy in the area is predicated on the prevention of public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of quality of life of the residents. This strategy will continue to be central to the delivery of a policing service to the area.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and the senior Garda officers responsible for the policing of that area, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area including the levels and patterns of anti-social behaviour such as the misuse of alcohol and drugs. There are currently 22 committees established as part of a pilot project, including in the Dublin City Council area, with a further seven currently being established. In addition, because of the extent of the Dublin City Council area, five subcommittees, corresponding to the five operational areas of the City Council, have been established.

Garda Deployment.

Emmet Stagg

Question:

720 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the Carlow/Kildare division is the worst manned Garda division, at one garda to every 558 people whilst the Clare division has one garda to every 312 people; his views on this inequitable distribution of gardaí; and if he will take action to rectify the matter. [17553/07]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of the Carlow/Kildare Division as at the 31 May 2007 was 389 and that the personnel strength (all ranks) of the Clare Division as at the 31 May 2007 was 289.

The allocation of Garda personnel is a matter for the Garda Commissioner and is determined by a number of factors including demographics, crime trends and the policing needs of each individual Division. It is also the case that a number of Garda national units have been established in recent years, for example, the Garda National Immigration Bureau (GNIB), the Garda Bureau of Fraud Investigations (GBFI), other specialist units and the Criminal Assets Bureau (CAB). These units provide specialised policing services on a nationwide basis and augment the policing services provided at divisional level.

The number of Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed by Garda Management. Such monitoring is aimed at ensuring that optimum use is made of Garda resources, and that the best possible Garda service is provided to the general public. The next allocation of Probationer Gardaí is due to take place in September 2007. The needs of the Carlow/Kildare and Clare Divisions will be considered in this context by the Garda Commissioner.

Emmet Stagg

Question:

721 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to each Garda division as of 20 June 2007. [17562/07]

The latest date for which the numbers requested by the Deputy are readily available is 31 May 2007. These are set out in the table.

Division

31/05/2007

Carlow/Kildare

389

Cavan/Monaghan

394

Clare

289

Cork City

643

Cork North

272

Cork West

276

DMR East

590

DMR NC

658

DMR North

648

DMR SC

741

DMR South

592

DMR West

729

Donegal

455

Galway West

412

Kerry

299

Laois/Offaly

298

Limerick

551

Longford/Westmeath

297

Louth/Meath

565

Mayo

298

Roscommon/Galway East

259

Sligo/Leitrim

286

Tipperary

344

Waterford/Kilkenny

397

Wexford/Wicklow

355

The figures shown represent the number of Gardaí based in Garda Stations throughout the country. In this regard, I would like to point out that a number of Garda national units have been established in recent years, for example, the Garda National Immigration Bureau (GNIB), the Garda Bureau of Fraud Investigations (GBFI), the Criminal Assets Bureau (CAB) and other specialist units. These units provide specialised policing services on a nationwide basis and augment the policing services provided at divisional level. The personnel strength of the national units is over and above the strength of the various operational Garda divisions. In addition, the figures provided do not include the number of Gardaí based in Garda Headquarters or the Garda Training College in Templemore.

Residency Permits.

Caoimhghín Ó Caoláin

Question:

722 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will reverse his Department’s recent decision to deny residency to non-EU spouses of EU citizens unless they have previously lived in another EU country; and if he will make a statement on the matter. [17578/07]

On 28 April 2006 the European Communities (Free Movement of Persons) Regulations 2006 were brought into force. The Regulations, which covered the rights of EU citizens and their non-EEA family members moving to Ireland, were subsequently amended on 18 December 2006 to take account of the accession of Bulgaria and Romania to the European Union on 1 January 2007. The Regulations transposed into Irish law the European Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The Directive replaced a number of previous EU instruments in relation to free movement of persons.

Regulation 3(2) is the relevant part of the Regulations referred to by the Deputy and it was informed by certain rulings from the European Court of Justice which dealt with the free movement of persons within the European Union. A number of non-EEA spouses have been informed that they do not come within the Regulations as they did not reside in another Member State prior to moving to Ireland. Some non-EEA spouses have been denied residence where they were already in the State without permission or were the subject of deportation or transfer orders.

A recent High Court court case has affirmed the vires of the Regulations. However there are a number of other court proceedings underway in relation to this general area and the Deputy will appreciate for that reason that I am not in a position to comment further on the legal issues involved at this point.

Caoimhghín Ó Caoláin

Question:

723 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the reason children of migrant workers are given a stamp that does not allow them to accumulate residency for the purpose of obtaining citizenship or qualifying for EU fees at third level; if he will amend this policy; and if he will make a statement on the matter. [17579/07]

The situation under current immigration legislation is that a non-EEA person under the age of 16 years is not required to obtain permission to remain in the State or register with the Garda National Immigration Bureau. In general, persons under the age of 16 years are, for the purpose of their immigration status, dependent on the status of their parent or other guardian.

The current practice when registering non-EEA children of migrant workers on reaching the age of 16 is to grant them student permission to remain. Such permission is granted on the basis that the person concerned is, in general, pursuing a course of studies at second level. Time spent in the State under student conditions is not reckonable for the purpose of further immigration applications. In circumstances where the child subsequently wishes to enter employment they must obtain the necessary employment permit. If an employment permit is issued the person can then reside in the State under employment conditions and accumulate legal residence in the State for the purpose of further immigration applications.

I can inform the Deputy that it is my intention, in the context of progressing the Immigration, Residence and Protection Bill 2007, to review current policy in relation to the reckoning of time spent in the State for immigration purposes. As the Deputy will be aware, the Bill provides for a significant overhaul of immigration legislation and includes provision to the effect that all non-EEA nationals, including those under 16 years of age, who wish to be present and reside in the State will be issued with a residence permit.

Question No. 724 answered with QuestionNo. 644.

Crime Prevention.

Bernard J. Durkan

Question:

725 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action proposed to combat increasing levels of anti-social behaviour in residential areas here; and if he will make a statement on the matter. [17670/07]

I attach a high priority to the combating of anti-social behaviour. One of the priorities set for An Garda Síochána under section 20 of the Garda Síochána Act 2005 is addressing anti-social behaviour and behaviour adversely affecting the quality of life of communities, with particular emphasis on alcohol related behaviour. To this end An Garda Síochána are driving forward the establishment of interagency activities against anti-social behaviour, including the deployment of CCTV in urban areas. In addition, they are identifying local public order and anti-social behaviour hot spots and developing responsive actions and plans. The measures outlined in the Programme for Government to tackle anti-social behaviour will be introduced.

I can inform the Deputy that strong provisions are in place to combat anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act, 1994, which modernised the law in this regard. Furthermore, because of concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, provisions were brought forward to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

Part 11 of the Criminal Justice Act, 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating to anti-social behaviour by children was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children Court.

The Garda Juvenile Diversion Programme provides an opportunity to divert juvenile offenders from criminal activity and includes a restorative justice aspect. It operates on a nationwide basis under the supervision and direction of the Garda National Juvenile Office. The Programme provides that, in certain circumstances, a juvenile under 18 years of age, who freely accepts responsibility for a criminal incident, may be cautioned as an alternative to prosecution. In the more serious cases, juveniles are placed under the supervision of Garda Juvenile Liaison Officers, who are responsible for administering the Programme at the local level. It has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. The Children Act, 2001, which became law in May 2002, gives a statutory basis to the Programme.

In addition to the Juvenile Diversion Programme, there are 84 Garda Youth Diversion Projects throughout the country. Garda Youth Diversion Projects are a crime prevention initiative which adopt a multi-agency partnership approach to tackling crime and anti-social behaviour at community level. Proposals for new Garda Youth Diversion Projects are currently under consideration by my Department in conjunction with An Garda Síochána. It is intended to establish a further 16 projects before the end of 2007, bringing the total number of projects to 100 nationwide. I expect to make an announcement shortly regarding the locations of the new projects.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee (JPC) in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and the senior Garda officers responsible for the policing of that area, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area including the levels and patterns of anti-social behaviour such as the misuse of alcohol and drugs. There are currently 22 committees established as part of a pilot project, with a further seven being established. It is intended to establish JPCs in all local authority areas by early 2008. I am convinced that the work of these committees will make a significant contribution to reducing anti-social behaviour.

The Programme for Government provides for an increase in Garda numbers to 15,000 by 2010 and 16,000 by 2012. I am determined that the additional Gardaí being recruited under the current historic expansion of the Force will be deployed to frontline, visible and effective policing duties.

Prison Building Programme.

Leo Varadkar

Question:

726 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he plans to carry out a review of the decision to relocate Mountjoy to Thornton Hall; and if he will make a statement on the matter. [17751/07]

As the Deputy is aware, a decision to replace prison facilities at Mountjoy was taken by the previous Government in November 2004. Since then some €29.9 million has been spent in the context of procuring land at Thornton Hall in Co. Dublin. In April 2007, a preferred bidder for the work involved in realising this project was selected and negotiations between this party and officials of my Department are at an advanced stage.

There is an urgent need to replace the facilities at Mountjoy. Conditions there have been severely criticised by the Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the Inspector of Prisons. Its facilities are out-dated and incapable of meeting the challenges of administering a modern, progressive and safe prison system. This is particularly so in the context of the Government's stated aim to make prisons drug free environments. Redeveloping the existing 20 acre site at Mountjoy is not viable from an operational or developmental perspective. The construction of the new facility on a green field site will address the problems associated with the Mountjoy site and will, in addition, offer significant improvements in the areas of work training, education, and medical services as well as providing single cell accommodation with in-cell sanitation.

The Programme for Government provides for investment in rehabilitation services, the development of individualised programmes for prisoners based on risk assessment and rehabilitation needs and incentives for prisoners to participate in such programmes. Fundamental to the achievement of this objective is an ability to categorise prisoners effectively. Thornton will provide the necessary facilities to achieve this. In the circumstances I do not see any purpose in reviewing the Government's decision at this time.

Visa Applications.

Leo Varadkar

Question:

727 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the options available to a person (details supplied) in Dublin 15 who wishes to obtain leave to remain or a working visa, who currently has a student visa. [17754/07]

The person concerned has permission to remain in the State on student conditions until 30th September 2007. In order to take up employment in the State a prospective employer must first obtain a work permit in respect of him. The issuing of Work Permits is a matter for the Work Regulations Division of the Department of Enterprise, Trade and Employment, Davitt House, Adelaide Rd., Dublin 2. Further information is available at: www.entemp.ie. In the event that a work permit is issued in respect of him, he should then return to his local Immigration Office with the original work permit to have the appropriate permission endorsed on his documents.

Departmental Projects.

Tom Sheahan

Question:

728 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18187/07]

I can inform the Deputy that there have been no projects approved in 2007 in my Department's Vote which exceed the threshold for a cost benefit analysis.

Environmental Policy.

Eamon Gilmore

Question:

729 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government when he will establish a Dublin Bay area task force; the proposed purpose of the task force; and the way it will be composed. [17809/07]

Richard Bruton

Question:

755 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if he will provide details of the Dublin Bay area task force which is to be established; if this will be an internal departmental task force or if it will consist of relevant stakeholders; and the terms of reference and objectives of the task force. [17364/07]

I propose to take Questions Nos. 729 and 755 together.

It is my intention to hold discussions with both Dublin City Council and the Dublin Regional Authority who are both progressing plans for the Bay area, and liaise with other relevant Government Departments and stakeholders regarding the overall management and co-ordination required to positively advance a future framework for Dublin Bay.

Dublin City Council has a policy objective in its development plan to prepare a plan for part of Dublin Bay which will identify and determine the Bay's role as an economic, amenity, recreational, environmental and ecological resource. In 2006, the City Council, in conjunction with a steering group, commissioned a wide-ranging study of Dublin Bay, including the Port area, with the aim of identifying and agreeing with key stakeholders a guiding framework for its future overall development.

The Dublin Regional Authority also intends to establish a Dublin Bay Association with a view to producing a Masterplan for Dublin Bay, including the Port area. As an initial step in the process, the Dublin Regional Authority organised last year a series of discussion fora for consideration of the various issues involved and invited formal submissions from interested parties.

Proposed Legislation.

Arthur Morgan

Question:

730 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the date on which the Social Housing (Miscellaneous Provisions) Bill will be published. [16612/07]

Ciaran Lynch

Question:

752 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government when he will introduce legislation to make provision for the sale of flats by local authorities to tenants. [17140/07]

Leo Varadkar

Question:

777 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if he will review the scheme by which local authority tenants can buy their council houses; his views on increasing the 30% discount ceiling; and if he will make a statement on the matter. [17753/07]

I propose to take Questions Nos. 730, 752 and 777 together.

Drafting of the Social Housing (Miscellaneous Provisions) Bill — which will provide for, among other things, a new scheme for tenant purchase involving the sale of local authority apartments to tenants under certain conditions and revised terms — is being advanced as quickly as possible. It is anticipated that the Bill will be published before the end of this year.

Grant Payments.

Denis Naughten

Question:

731 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when he will implement the changes to the grant schemes for older people and people with disabilities as outlined in the Delivering Homes, Sustaining Communities policy document; and if he will make a statement on the matter. [16674/07]

Emmet Stagg

Question:

771 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government when details of the new disabled persons grant scheme will be announced. [17566/07]

I propose to take Questions Nos. 731 and 771 together.

It is expected that the revised housing adaptation grant schemes for older people and people with a disability will come into operation during 2007. The existing Disabled Persons, Essential Repairs and Special Housing Aid for the Elderly grant schemes will continue to operate until the new schemes become effective.

Denis Naughten

Question:

732 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the status of an application (details supplied); when a decision will be made; and if he will make a statement on the matter. [16690/07]

This Department administers a Civic Structures Conservation scheme of grants for the restoration and conservation of buildings of significant architectural heritage merit and which are in public ownership or open to the public generally. The deadline for completed applications was 29 March 2007, and 186 applications for over €7m in total were received. Having regard to the available funding of €1.6m, grant offers were made in respect of 86 of these applications. All applicants have been notified of the outcome in respect of their project. It is intended that this scheme will be an annual scheme so it will be open to the project to submit an application next year.

This Department also funds a scheme of grants for the conservation of protected buildings, which is administered by the local authorities. It is a matter for each individual local authority to assess and prioritise applications and approve funding. The scheme is aimed at assisting owners and occupiers to carry out conservation works on structures of architectural significance in the Record of Protected Structures which the Local Authority has listed under the Planning and Development Act 2000. Enquiries about this scheme should be made directly to the relevant local authority.

National Spatial Strategy.

Willie Penrose

Question:

733 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if his Department has developed the necessary qualifying criteria for gateway authorities to enable funding to be secured and to reopen the Mullingar/Athlone railway link, which links two gateway towns in the context of the national spatial strategy; when the gateway construction fund as set out under the national development plan will be available for distribution in this regard; and if he will make a statement on the matter. [16719/07]

My Department formally issued the call for proposals for the Gateway Innovation Fund (GIF) on 8 June, seeking bid proposals from NSS Gateway local authorities on a competitive and added value basis to be funded under the GIF. The Fund is intended to incentivise, stimulate and reward joined-up strategies and action in the Gateways by helping to fund targeted strategic capital projects that can trigger the accelerated development of the Gateways and their wider regions.

The call for proposals outlines the main criteria on which applications will be assessed. These include: Demonstration of how the proposal will aid the delivery of the Gateway vision and enhance its development on a sustainable basis; Active participation and collaboration of each of the local authorities within the Gateway area and effective integration of the proposals within wider Gateway development and co-ordination structures; Appropriate coherence and synergy between GIF proposals, other public sector funding measures and the leveraging of significant private sector investment in the Gateway and its wider region; Strategic fit with stated national, regional and local plans, strategies and other guidance documents relevant to gateway development; Compliance with the Department of Finance's Capital Appraisal Guidelines and VFM requirements; and detailed information on delivery and project management arrangements.

The closing date for submission of bid proposals is 15 November 2007, with the intention of allocating funding to successful proposals in early 2008. Each lead Gateway local authority is invited to submit their formal proposal, on behalf of all authorities in the Gateway. It is of course a matter for the Gateway authorities to put forward those proposals which it feels best meets the Fund's objectives and criteria.

Road Network.

Willie Penrose

Question:

734 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he will take steps in conjunction with Waterways Ireland to provide Westmeath County Council with part of the funding required to enable the Green Bridge in Mullingar, County Westmeath to be replaced as same has been deemed unsafe for any vehicle in excess of three tonnes which has led to a weight restriction on the bridge; if his Department will liaise with Westmeath County Council in relation to the provision of the necessary funding; and if he will make a statement on the matter. [16720/07]

The provision and improvement of non-national roads, including bridges, in County Westmeath is a matter for Westmeath County Council to be funded from its own resources supplemented by State grants. On 18 January 2007, the 2007 grant allocations for non-national roads were announced. The 2007 allocation of €16,148,885 to Westmeath County Council represents an increase of 55% on its comparable 2006 grant allocation. Westmeath County Council wrote to my Department on 21 May, 2007 seeking funding for the replacement of the Green Bridge, Mullingar and this request is currently being examined.

Rural Renewal Scheme.

John Perry

Question:

735 Deputy John Perry asked the Minister for the Environment, Heritage and Local Government the entitlement of a person (details supplied) in County Sligo to the tax incentives in the upper Shannon rural renewal scheme; and if he will make a statement on the matter. [16733/07]

Under the 1999 Finance Act a Tax Incentive Scheme aimed at regenerating parts of the upper Shannon region was introduced. Houses built between 6 April 1999 and an extended termination date of 31 July 2008 are eligible for inclusion in the scheme. It is a condition of this scheme a planning application for the property concerned was lodged with the relevant local authority on or before 31 December 2004.

Water and Sewerage Schemes.

John O'Mahony

Question:

736 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the amount of funding being made available by his Department for the provision of a sewerage scheme at Crossboyne, Claremorris, County Mayo. [16761/07]

The Mayo Towns and Villages Sewerage Scheme, which includes Ballyheane, Charlestown, Cross, Crossboyne and the Neale, is included in my Department's Water Services Investment Programme 2005-07 at an estimated cost of €6.07m. My Department requested additional information from Mayo County Council in March in relation to the Preliminary Report for the Ballyheane, Cross, Crossboyne and Neale element of the scheme. A separate Preliminary Report has been submitted for Charlestown.

In the meantime, the Council has submitted separate proposals to service Crossboyne under a Serviced Land Initiative scheme whereby wastewater from Crossboyne would be treated in Claremorris. Additional information was requested from the Council last month in relation to this latest proposal.

John O'Mahony

Question:

737 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the amount of funding being provided by his Department for the upgrading of a sewerage scheme at Kiltimagh, County Mayo; the name of the successful tenderer for same; and when it is proposed that work will commence on the project. [16762/07]

The Kiltimagh Sewerage Scheme is approved for funding under my Department's Water Services Investment Programme 2005-07 at an estimated cost of €13.5 million. Mayo County Council's Contract Documents for the treatment plant element of the scheme were approved by my Department in January 2007 while the Contract Documents for the collection network element were approved last month. Further progress with this scheme, including the seeking of tenders and the awarding of the contract, is now a matter for the Council.

Register of Electors.

Richard Bruton

Question:

738 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the action he proposes to take to ensure the reinstatement of voters onto the live register who were recently excluded; the further action he proposes to take to prevent a recurrence; and if he will make a statement on the matter. [16780/07]

John O'Mahony

Question:

753 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the measures he proposes, in view of the fact that thousands of people were wrongly excluded from the register of electors and therefore could not vote in the recent general election, to ensure that the register of electors is properly updated in order to guarantee that no such omissions will occur in forthcoming elections. [17194/07]

I propose to take Questions Nos. 738 and 753 together.

In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register. My Department will shortly be contacting registration authorities with regard to the preparation by them of the Register for 2008-09. Authorities will be encouraged to build on the extensive work undertaken in preparing the current Register. In particular, they will be advised to make maximum use of information gathered since the publication of the current Register, including information from Returning Officers, members of the public and others in relation to the operation of the Register at the recent General Election.

It is also important that members of the public play their part by contacting their registration authority as required and checking the Register to ensure that their details are properly recorded.

Rural Renewal Scheme.

John Perry

Question:

739 Deputy John Perry asked the Minister for the Environment, Heritage and Local Government when the inspection for the rural renewal tax incentives will be carried out on the property of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [16785/07]

An inspection with a view to issue a Certificate of Compliance, if in order, will be carried out in a matter of weeks.

Private Rented Accommodation.

Richard Bruton

Question:

740 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the problems that arise in many private estates where a large proportion of property is owned by private landlords who make little effort to maintain a high standard of amenity on their property or to contain nuisance behaviour by tenants; if he will introduce power for the Private Residential Tenancy Board to set out codes of practice that would apply and simple methods of redress for residents adversely affected; and if he will make a statement on the matter. [16834/07]

All landlords have a legal obligation to ensure that their rented properties comply with the Housing (Standards for Rented Houses) Regulations 1993, which includes ensuring that all out offices, yards and forecourts within the curtilage of the building and all boundary walls, fences and railings are maintained in good repair. Responsibility for enforcing the regulations rests with the relevant local authority.

In September 2006 the Minister of State for Housing and Urban Renewal announced a comprehensive Action Programme to promote improvement in standards of private rented accommodation. An important element of the Programme will be the updating of the existing standards regulations in consultation with relevant interests. Submissions received in that regard are being considered.

A further key objective of the Action Programme is to achieve more effective enforcement of the standards regulations. Local authorities have been asked to prioritise action to improve enforcement through a planned and strategic approach. Increased funding is being provided to them for this purpose and future funding will be related to the level of enforcement performance by housing authorities. The Centre for Housing Research is undertaking a study of measures to promote improvement in private rented accommodation standards, including good practice guidelines to assist local authorities in their functions relating to the private rented sector. I understand that this work is well advanced.

Regarding tenant behaviour, under the Residential Tenancies Act 2004 landlords are required to enforce tenant obligations, which include a requirement not to engage in or permit anti-social behaviour. The Act provides that, in certain circumstances, third parties adversely affected by a landlord's failure to enforce the obligations of a tenant under a tenancy can make a complaint to the PRTB. The PRTB provides extensive information about its functions and services on its internet site, www.PRTB.ie, including some guidance for landlords in following up complaints of anti-social behaviour by their tenants.

Insofar as noise may be an issue, section 107 of the Environmental Protection Agency Act 1992 empowers local authorities to require measures to be taken to prevent or limit noise. In addition section 108 provides that, in certain circumstances, a person may take court proceedings in relation to noise.

Departmental Staff.

Michael Ring

Question:

741 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if he will provide this Deputy with a copy of the internal report detailing the staffing requirements of the NPWS. [16892/07]

The Programme for Government contains a commitment to strengthen the implementation of the Habitats Directive and other nature conservation measures, including improved arrangements and resourcing for designating, monitoring and protecting the natural heritage. Detailed measures in support of this commitment are being proposed by my Department but are not yet finalised. In these circumstances, it would not be appropriate at this point to make available the various internal reports dealing with this matter.

Environmental Policy.

Arthur Morgan

Question:

742 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he will repeal the Protection of the Environment Act 2003. [16910/07]

The Protection of the Environment Act 2003 updated a number of different legislative codes and its repeal would not be appropriate at this stage. However, the Programme for Government includes significant commitments in relation to environmental legislation. Some of these may be found suitable for implementation through amendment of the above 2003 Act.

Waste Management.

Arthur Morgan

Question:

743 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he will introduce legislation prohibiting the introduction of thermal treatment plants here; and the date on which this legislation will be introduced. [16911/07]

Arthur Morgan

Question:

744 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he will introduce legislation that allows waste management strategies to become a reserved function of local government; and the date on which this legislation will be introduced. [16912/07]

I propose to take Questions Nos. 743 and 744 together.

The Programme for Government includes measures to broaden out our approach to managing residual waste, with an increased emphasis on other technologies, including methods for mechanically and biologically treating waste. The Programme rules out adjusting the landfill levy in such a way as to give a competitive advantage to incineration, and also commits to ensuring that for any future projects neither the State nor local authorities will be exposed to financial risk through put or pay clauses in contracts for waste facilities.

The Programme does not include a legislative prohibition, as such, on incineration; nor would this appear to be consistent with EU legislation. The Programme for Government also includes commitments to carry out an international review of the regional waste management plans, for which local authorities currently have statutory responsibility on the basis determined by the Oireachtas, and more generally in regard to local government reform. In this context, consideration will arise as to what further changes may be necessary to ensure that Ireland has the appropriate legal and other mechanisms to properly determine an approach to waste management which is line with best international practice.

Local Authority Housing.

Michael Ring

Question:

745 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if a person who is living in rented accommodation in England and wishes to return to Ireland can be placed on the local authority housing list without a PPS number. [16913/07]

A person residing in the United Kingdom who wishes to return to Ireland, and who does not have a PPS number, is not precluded from applying for social housing support in Ireland. The placement of applicants on housing waiting lists is a matter for the housing authority concerned in accordance with its scheme of letting priorities. Such applicants are also advised as to the housing services provided by voluntary groups in the housing sector, including the Safe Home Programme.

Water and Sewerage Schemes.

Willie Penrose

Question:

746 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he will review the operations of the design, build and operate models as currently operated by local authorities with a view to keeping more of the operation element within the power and control of county councils and local authorities; and if he will make a statement on the matter. [16994/07]

The Design/Build/Operate model of Public Private Partnership (PPP) is employed under my Department's Water Services Investment Programme in accordance with the Partnership Agreement — Towards 2016. The current Investment Programme covers the years 2005 to 2007 and contains 899 schemes. Of the schemes currently under construction, 16 have a PPP contract.

A fundamental principle of water services PPPs is that, while the infrastructure is operated under contract to the local authority, it remains at all times in the authority's ownership. The Water Services Act 2007 underlines that position by expressly prohibiting the transfer of any water services assets or infrastructure, or any part of such assets or infrastructure, to any person.

The PPP approach is employed in the water services sector only where it is clearly established that it provides best value for money overall. Local authorities are required to examine all potential procurement options in an even-handed manner before recommending an appropriate procurement option. The most appropriate procurement option is approved under the Water Services Investment Programme and the same level of Exchequer funding is provided by my Department, irrespective of the procurement route selected. The overriding consideration is that all projects must deliver value for money and to this end, the Public Sector Benchmark and Post Project Review processes are important measures in ensuring value for money.

The importance of the Public Sector Benchmark (PSB) is that it enables a comparison to be made on a like for like basis between traditional and PPP procurement. The PSB is an important tool to determine whether a PPP approach will deliver better value for money compared to traditional procurement. A PPP proposal must deliver value for money and must prove that it can do so before the route is chosen.

In a water services PPP, the infrastructure is owned by the local authority and operated and maintained by a service provider under contract to the local authority. Such contracts include a penalty clause for under-performance. The local authority is responsible for monitoring and managing the service provider's performance and, as such, the operational element, like the capital infrastructure, remains under the supervision and control of the local authority.

Grant Payments.

Michael Ring

Question:

747 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if a person (details supplied) in County Mayo will qualify for a payment from the NWPS. [17043/07]

A payment under the sheep de-stocking scheme for the production year 2006 was made by my Department to the person concerned on 21 February 2007.

Willie Penrose

Question:

748 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he will take steps to ensure that a mortgage assistance payment due to a person (details supplied) in County Westmeath which has been duly approved, will be awarded; and if he will make a statement on the matter. [17079/07]

On receipt of a claim for payment from the lending agency concerned, my Department will arrange for payment of the allowance as soon as possible.

Waste Disposal.

Willie Penrose

Question:

749 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government when the plastic refuse collection service will be available to farmers across County Westmeath; and if he will make a statement on the matter. [17080/07]

To address the issue of accumulated backlogs of farm plastic, designated facilities are being provided on a temporary, once-off basis by local authorities where farmers may deposit stockpiled farm film plastic and silage wrap. These special arrangements operated on a pilot basis in the first instance in counties Clare, Galway, Mayo, Offaly and Waterford during June and July of last year. The service was provided free to the farmer and funding to assist the local authorities is being made available from my Department through the Environment Fund.

The collections were well supported by farmers in the counties participating in the pilot phase, leading to large quantities of plastic being deposited at designated sites. A significant finding from the pilot scheme was that it is not possible to operate collections in a large number of counties at the same time due to capacity constraints on the part of recovery operators. Accordingly, it was necessary to roll out the scheme to other areas on a staggered basis. Arising from a comprehensive examination of the information available, further collections of waste silage/bale wrap were approved in September last for Carlow, Leitrim, Longford, North Tipperary, Roscommon and Wicklow County Councils and these concluded in January of this year.

Following a review of the outcome of the second round of collections, it was announced that collections of waste silage/bale wrap were to be put in place in the remaining 18 county council areas on a phased basis. This arrangement allows local authorities and local farming organisations sufficient notice to agree and put in place the necessary arrangements for collections in their areas. Collections have now taken place in Donegal, Cork (West), Cavan, Sligo, Kilkenny, South Tipperary, and Meath.

The next phase of collections will take place in counties Kerry, Limerick, Cork (East), Westmeath, Monaghan, Wexford and Laois. The local authorities in these counties have now been asked to put in place the necessary arrangements for the operation of farm plastics collections in their functional areas. Operational details, including the dates and locations of collections, are a matter for each local authority in consultation with local farming organisations.

Planning Issues.

David Stanton

Question:

750 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if he will ensure that a floor area certificate is made available as a matter of urgency, in respect of a property (details supplied) in County Cork as it is needed to complete the sale of the property; and if he will make a statement on the matter. [17110/07]

On completion of works outstanding, a further inspection will be carried out with a view to issuing a Floor Area Compliance Certificate if in order.

Bernard J. Durkan

Question:

751 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he or his Department have been in contact with Kildare County Council regarding issues relating to management companies for houses in the county; if discussions have or will take place to accelerate taking estates in charge that are subject to management companies, such as estates (details supplied); and if he will make a statement on the matter. [17111/07]

Róisín Shortall

Question:

763 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government his plans to strengthen legislation to simplify the taking-in-charge process and extend much greater rights and protection to home owners. [17487/07]

I propose to take Questions Nos. 751 and 763 together.

In late 2005 my Department contacted all planning authorities, including Kildare County Council, enquiring as to their policy regarding attaching planning conditions in relation to management companies to planning permissions for (a) estates comprising apartments only, (b) estates comprising a mix of apartments and houses and (c) estates comprising houses only. Following on from the results of this survey my Department issued policy guidance in July 2006 in the form of circular letter PD 5/06. In that circular letter it was made clear to planning authorities that they should not require the establishment of a management company for a traditional housing estate other than in very specific instances, e.g. to maintain a facility which is for residents' sole use.

The policy guidance did acknowledge, however, that the question of who should be responsible for the maintenance of certain shared facilities in the newer type of mixed estate needed further examination. Accordingly my Department established a Working Group, representative of local authorities, architects, planners and consumer interests to consider this issue and other related issues around taking in charge of estates. The Group has now completed its work and has produced suggested draft policy guidance for consideration.

I will carefully consider the draft policy guidance in the context of the new Programme for Government commitments in this area, in order to determine the most effective course of action.

Question No. 752 answered with QuestionNo. 730.
Question No. 753 answered with QuestionNo. 738.

Local Authority Housing.

Ruairí Quinn

Question:

754 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government when a decision will be reached on the proposal submitted by Dublin City Council to his Department in September 2006 for a precinct improvement scheme for houses (details supplied) in Dublin 4; the reason it has taken nine months for a decision to be reached; and if he will make a statement on the matter. [17195/07]

Under the Housing Management Initiative, direct control has been given to local authorities from 1 January 2007 over their internal capital receipts from the sale of local authority dwellings, to be used primarily for their improvement works programmes. While the Department approves the overall programmes it is the responsibility of local authorities to prioritise and advance individual projects. The overall programme proposed by Dublin City Council was approved by my Department on 24 April, 2007 and a meeting is scheduled with the Council for 27 June to discuss the progress on the programme.

Prior to the introduction of the new delegated arrangements, proposals on individual projects were submitted to the Department. In this context, Dublin City Council sought approval on 27 September, 2006 for precinct improvement works to the development in question. The Department replied on 13 November seeking clarification on a number of issues. A follow up letter of 20 November sought the Council's views on the implications for the proposal of legal proceedings regarding the sale of flats that had been the subject of media coverage.

Subsequently, Dublin City Council wrote to the Department on 6 December 2006 indicating that since the carrying out of improvement works would involve detenanting and temporary re-location of tenants, and as the authority was currently preparing a sales scheme for the flats, they were not prepared to consider carrying out extensive internal improvements.

The advancement of this project is a matter for Dublin City Council in light of its consideration of these issues.

Question No. 755 was answered with QuestionNo.729.

Greenhouse Gas Emissions.

Richard Bruton

Question:

756 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the measures he will put in place to meet the Government’s target of a 3% reduction on average in greenhouse gas emissions; and the consequences if they are not achieved. [17365/07]

The Programme for Government has set a target of a 3% reduction per year, on average, in our greenhouse gas emissions. This target is consistent with our commitment under the Kyoto Protocol.

To this end the Programme details a wide range of measures across all sectors of the economy. In addition to the full implementation of the recent National Climate Change Strategy, the Programme provides for carbon budgeting in association with the annual financial budget and for the presentation of further measures to the Oireachtas each year. These measures will be developed through the work of the newly-established Cabinet Committee on the Environment, Energy and Climate Change.

Social and Affordable Housing.

Richard Bruton

Question:

757 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the measures he will put in place to increase the provision of affordable houses by 5,000 per annum; and the new incentives planned for this provision. [17366/07]

The Programme for Government sets out a range of objectives to be delivered on over the life of the Government. I am now examining the issues arising in relation to the delivery on the Programme's objectives which fall within the remit of my Department and the objectives in relation to affordable housing will be considered in that context.

Legislative Programme.

Richard Bruton

Question:

758 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government when he plans to introduce legislation to govern the management of apartment complexes; and the penalties that will be incurred by management companies if they fail to complete their duties. [17367/07]

Leo Varadkar

Question:

779 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government when he will introduce legislation to regulate residential management companies; and if he will make a statement on the matter. [17756/07]

I propose to take Questions Nos. 758 and 779 together.

These questions cover a variety of issues which will be advanced in accordance with the commitments of Programme for Government regarding apartment complex management companies. The range of work involves action by a number of Government Departments and agencies. An inter-departmental committee, convened by the Department of Justice, Equality and Law Reform, is considering legislative responses to issues generally relating to property management companies. My Department is represented on this committee and will make every possible contribution to its work.

The Government have already decided that property managing agents will be regulated by the Property Services Regulatory Authority under legislation currently being prepared by the Department of Justice, Equality and Law Reform. Property managing agents are commercial firms engaged by management companies to provide management and maintenance services for which management charges are paid.

Residential property management companies, consisting of owners of dwellings, are generally constituted under the Companies Acts and are required to operate in compliance with company law. The Minister for Enterprise, Trade and Employment is bringing forward legislative proposals to update company law generally. Appropriate changes to company law provisions relevant to management companies would fall to be provided for in that context.

A range of legal issues relating to multi-unit developments is being examined by the Law Reform Commission, which published a consultation paper on the matter last December. The final report of the Law Reform Commission, which it is hoped will be published later this year, will help to inform decisions on the appropriate legislative responses to the various issues arising in relation to management companies.

Water Services.

Róisín Shortall

Question:

759 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government if his attention has been brought to the difficulties of the water services pricing policy on non-commercial institutions and bodies such as community groups and charities; the way this policy differs in its application to commercial bodies and non-commercial bodies; and if he will undertake to introduce a waiver scheme that could offset at least some of the costs applying to non-profit organisations. [17433/07]

Article 9.1 of the EU Water Framework Directive requires Member States to take account of the principle of water services cost recovery, including environmental and resource costs, in accordance with the polluter pays principle. The Directive is being implemented in Ireland in relation to the non-domestic sector on the basis of recovery of all non-domestic water services costs from non-domestic users of the services through water charges.

This is being achieved by means of a meter based volumetric charge to ensure water charging of users according to actual consumption. Metering should also encourage water conservation. Waiver provisions in relation to local government services are generally targeted at relieving personal hardship rather than reducing changes to a broad sector such as non-commercial bodies.

Local Government Elections.

Brian O'Shea

Question:

760 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government his proposals to enact Part 8 of the Local Government Act 2001; and if he will make a statement on the matter. [17438/07]

Emmet Stagg

Question:

769 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he will issue the regulations enabling the creation of additional town councils here in good time to enable elections for such town councils in 2009. [17556/07]

Leo Varadkar

Question:

781 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if he will increase the number of councillors in Fingal County Council in recognition of the large increase in population; and if he will make a statement on the matter. [17764/07]

I propose to take Questions Nos. 760, 769 and 781 together.

The Agreed Programme for Government contains a commitment to publish a Green Paper on Local Government Reform. This Paper will examine a number of issues in relation to the organisation of Irish local government including the establishment of new town councils and the powers of town councils. In the context of preparing the Green Paper, I will give consideration to those parts of the Local Government Act, 2001 which have not yet been commenced.

Social and Affordable Housing.

Arthur Morgan

Question:

761 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government his plans for legislation to rectify the situation whereby persons who have bought their home under the shared ownership scheme cannot remortgage without triggering the clawback; and if he will make a statement on the matter. [17442/07]

Homes sold to first time buyers under the various affordable housing schemes at a discount from market value are subject to a clawback provision, in order to prevent short-term profit taking on the resale of the house to the detriment of the objectives of the schemes.

Where a purchaser of an affordable home bought by way of shared ownership wishes to buy out the local authority's share at any stage within 20 years, current legislation requires that the clawback also be bought out at that stage. A number of issues have been raised with my Department concerning the operation of this requirement in certain circumstances and these are currently under consideration. Amending legislation would be required in the event of it being decided to introduce any changes to this requirement.

Arthur Morgan

Question:

762 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government his plans to ensure that persons who buy their home under the shared ownership scheme, and are therefore obligated to purchase mortgage protection insurance from the local authority, are able to obtain this insurance at competitive rates. [17443/07]

The local authority mortgage protection insurance scheme has applied to all house purchase loans approved by authorities on or after 1 July 1986. One of the conditions of the scheme, which is a group policy, is that it is obligatory for all local authority borrowers who meet the eligibility criteria to join. Altering this condition would have a negative impact on the scheme and increase the cost for all existing borrowers.

The scheme is overseen by the Mortgage Protection Committee, which is a sub-committee of the County and City Managers' Association (CCMA) and is representative of the CCMA, the Housing Finance Agency and a representative of my Department. While I am satisfied that the terms and conditions of the existing scheme are satisfactory, I will keep the arrangements under review in consultation with the Mortgage Protection Committee.

Question No. 763 was answered with QuestionNo. 751.

Local Government Elections.

Joanna Tuffy

Question:

764 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding plans to adjust boundaries and seat numbers for local government electoral areas; and the basis on which adjustments would be made. [17499/07]

Leo Varadkar

Question:

780 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government when he will establish a boundary commission to review the local election areas; and if he will make a statement on the matter. [17758/07]

I propose to take Questions Nos. 764 and 780 together.

Unlike for Dáil constituencies, there are no constitutional or statutory requirements in relation to the frequency of local electoral area reviews. The last review of local electoral areas was carried out in 1998. The June 2004 local elections took place on the basis of the existing local electoral areas. The next local elections are due to take place in 2009. I will be considering the review of the local electoral areas in the light of the final results from Census 2006 and other relevant factors.

Special Areas of Conservation.

Michael Ring

Question:

765 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if he will arrange for a person from the National Parks and Wildlife Service to call out to a person (details supplied) in County Mayo regarding their objection to their land as special area of conservation; and the person who actually decided on this designation as the owner claims it is good grazing land which is needed. [17502/07]

The proposed candidate Special Area of Conservation (SAC) 002100 known as the Newport River was advertised in December 2006. The European Communities (Natural Habitats) Regulations 1997 specify that objections on scientific grounds to designation of lands as SAC may be made by persons with a legal interest in the land within three months from the date of notification.

The objector in question lodged an objection, which was examined by relevant officials of my Department. Their assessment was that, on scientific grounds, the land in question is of sufficient importance to be retained within the SAC. The objector has been informed accordingly and has chosen to have the matter referred to the Designated Areas Appeals Advisory Board who will make a recommendation to me, as Minister for the Environment, Heritage and Local Government, for the final decision on whether to include or exclude land from the designated area. It would be normal practice for the Appeals Advisory Board to visit the site in question.

National Parks.

Denis Naughten

Question:

766 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Questions Nos. 567 and 577 of 5 April 2007 he will facilitate the development of a wilderness park by applying a specific designation to the lands in question; and if he will make a statement on the matter. [17509/07]

As indicated in reply to Questions Nos. 567 and 577 of 5 April 2007, the Mount Dillon land concerned is not prioritised for designation under the Wildlife Acts or the relevant European Directives. However, the National Parks and Wildlife Service of my Department will continue to be available to assist and liaise with the local community group and other interests on relevant nature conservation issues.

Fire Stations.

Brian O'Shea

Question:

767 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government his proposals to provide a new fire station for Lismore, County Waterford; and if he will make a statement on the matter. [17545/07]

A proposal for a new fire station at Lismore, County Waterford was received in my Department on 24 October 2006. While it was not possible to include this proposal in the 2007 fire services capital programme, funding has been provided for a range of priority projects which have been advanced in County Waterford in recent years. These include replacement stations and extensions or upgrading works at stations in Ardmore, Cappoquin, Dungarvan, Dunmore East and Tramore.

The provision of a station in the wider west Waterford area will be considered under future programmes having regard to the existing facilities, the level of activity, the proximity of other fire stations, the fire authority's priorities and competing demands for the available funding. My Department has written to the fire authority requesting an appraisal in relation to fire cover in the wider west Waterford area, given the proximity of Lismore, Tallow and Cappoquin fire stations, and an outline of its priorities for replacement stations in the county.

Architectural Heritage.

Emmet Stagg

Question:

768 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he will review the decision not to proceed with the phase 2 restoration works to Maynooth Castle, Maynooth, County Kildare. [17555/07]

Restoration works, representing an investment of some €2m, have been carried out to date at Maynooth Castle. This scheme consisted of a programme of conservation and adaptation works to the ground floor, the provision of access to the first floor and the provision of an exhibition and reception point. This has facilitated visitor access and provided a guide service. The site is now open to the public on a seasonal basis.

I am advised that further facilities, including the provision of toilets, would be required if there was to be greater use of the Castle. It is not feasible to provide these at the site in the current circumstances. However, if opportunities were to arise to overcome this problem through the acquisition of land, my Department would examine these in conjunction with the Office of Public Works.

Question No. 769 answered with QuestionNo. 760.

Local Authority Staff.

Emmet Stagg

Question:

770 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he will meet with the Department of Finance with a view to seeking the lifting of the embargo on the recruitment of local authority staff in the greater Dublin area and other areas experiencing large population growth. [17558/07]

In October 2006, my Department wrote to the Department of Finance identifying a range of issues arising in relation to the current ceiling on local authority staff numbers, including increased servicing requirements in areas which have experienced high population growth.

I will keep the overall employment position in the local government sector under regular review having regard to the need to deliver quality front line services and achieve value for money within the parameters of Government policy on public service employment generally. My Department will maintain appropriate contact with the Department of Finance in this regard.

Question No. 771 answered with QuestionNo. 731.

Social and Affordable Housing.

Emmet Stagg

Question:

772 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he will bring in amending legislation allowing for the purchase by tenants of their homes provided under the rental subsidy scheme. [17567/07]

There is no provision at present in the voluntary housing schemes for the purchase of individual houses by tenants. However, it was agreed under Housing Policy Framework — Building Sustainable Communities that consideration would be given in consultation with the voluntary and co-operative sector, to pilot a tenant purchase scheme for some new voluntary homes based on the incremental purchase model.

The modalities of such a scheme have been the subject of ongoing discussion between my Department and representatives of the voluntary and co-operative housing sector including the Irish Council for Social Housing and National Association of Building Co-operatives. My Department is liaising with a number of these organisations with a view to selecting a number of potential projects for inclusion in a pilot tenant purchase scheme. The introduction of such a scheme including any legislative element, will be determined as soon as possible.

Planning Issues.

Róisín Shortall

Question:

773 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government if he will introduce new planning regulations to ease the bureaucratic burden on householders applying for planning permission for the conversion of their front gardens to driveways; and if he will provide details of reviews ongoing or reports completed on simplifying planning rules in this regard. [17572/07]

Generally, planning permission is needed for any development of land or property unless the development is specifically exempted from this requirement. The provision of a hard surface to the front or side of a house for the parking of not more than 2 motor vehicles is already exempt, under the Planning and Development Regulations 2001, from the requirement to obtain planning permission, subject to certain conditions. However, this exemption does not include the widening of a gateway or access to the property. These exemptions were revised and updated in the Planning and Development Regulations 2001.

The introduction of different planning application processes for different types of development would not necessarily deliver a more streamlined or simplified planning system overall. The widening of a gate or access to a property may seem like a relatively minor development; however it may have significant impacts on road safety, neighbouring properties or the appearance of a house or row of houses. Where this is the case, it is appropriate that these issues should fall to be considered by the planning code.

In addition, given the potential implications of such works, the requirements of the current Regulations, which have been endorsed by both Houses of the Oireachtas, are considered reasonable and appropriate.

Water and Sewerage Schemes.

Bernard J. Durkan

Question:

774 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will accelerate the programme for the provision of sewerage facilities serving all the towns throughout north Kildare, having particular regard to the requirements as identified by the local authorities and concerns regarding potential pollution of the waterways arising from lack of sewerage treatment capacity; and if he will make a statement on the matter. [17664/07]

Bernard J. Durkan

Question:

775 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he or his Department have had discussions with or received communications from Kildare County Council in the matter of the provision of a sewerage scheme to meet the requirements of the residents at Bawnogue, Straffan, County Kildare; and if he will make a statement on the matter. [17666/07]

Bernard J. Durkan

Question:

776 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the steps he has taken or proposes to take to eliminate methane gas emissions from the sewage treatment system at Leixlip, County Kildare; the date by which he expects the issues to be resolved; and if he will make a statement on the matter. [17667/07]

I propose to take Questions Nos. 774 to 776, inclusive, together.

Wastewater services for the major towns in North Kildare are being provided under the Upper and Lower Liffey Valley Sewerage Schemes which are approved for funding in my Department's Water Services Investment Programme 2005-2007.

The Lower Liffey scheme provides for the expansion of the Leixlip wastewater treatment plant under one contract and for the upgrading and improvement of the wastewater collection systems in Celbridge, Kilcock, Leixlip, Maynooth and Straffan under other contracts. The works to the collection system in Leixlip include proposals to eliminate the odour problem in Main Street. The works in relation to Straffan were completed last year and my Department has no proposals from Kildare County Council for any further works in the Straffan area, including Bawnogue. In January 2007 my Department approved Kildare County Council's contract documents for the network upgrading in the other locations. My Department has also authorised the Council to prepare contract documents for the expansion of the Leixlip wastewater treatment plant.

In December 2006, my Department approved Kildare County Council's Preliminary Report for the expansion of the wastewater treatment plant at Osberstown under the Upper Liffey Valley Sewerage Scheme. It is now a matter for the Council to advance the production of contract documents for this element of the scheme. The Council's Preliminary Report for the collection networks in Clane, Johnstown, Kilcullen, Kill, Naas, Newbridge, Prosperous and Sallins, all of which are part of this scheme, is under examination in my Department and is being dealt with as quickly as possible.

Question No. 777 was answered with QuestionNo. 730.

Social and Affordable Housing.

Leo Varadkar

Question:

778 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if he will review the income thresholds for affordable housing applicants under the 1999 and 2000 schemes; and if he will make a statement on the matter. [17755/07]

The income eligibility and loan limits for the 1999 Affordable Housing Scheme were reviewed and increased with effect from 1 January 2006. The maximum loan that can be advanced by local authorities for the acquisition or construction of a house increased to €185,000. The income eligibility for a single income household increased to €40,000, while in the case of a two income household, the income limit is based on the formula that 2½ times the main income plus once the secondary income does not exceed €100,000. The income thresholds are examined on an annual basis to ensure they are meeting the needs of the target groups for which they are intended. My Department will be completing, as soon as possible, a review in this regard which is currently underway.

Those with incomes greater than the limits mentioned above may be eligible for affordable housing provided under Part V of the Planning and Development Acts 2000 — 2006 or the Affordable Housing Initiative. Eligibility for these schemes is determined on the basis that a person's income is insufficient to meet the mortgage repayments on a house suitable to their needs, by virtue of the fact that the mortgage payments on such accommodation would exceed 35% of the person's income after tax and PRSI. It is a matter for local authorities to keep under review the income ceiling applied in accordance with this formula in their areas, taking account, in particular, of changes in disposable income, house prices and mortgage servicing costs.

Question No. 779 was answered with QuestionNo. 758.
Question No. 780 was answered with QuestionNo. 764.
Question No. 781 was answered with QuestionNo. 760.

Departmental Projects.

Tom Sheahan

Question:

782 Deputy Tom Sheahan asked the Minister for the Environment, Heritage and Local Government the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18183/07]

In January 2007, my Department approved Dublin City Council's proposals for the regeneration by way of Public Private Partnership, of O'Devaney Gardens, Dublin. As part of the initial feasibility study, an economic analysis was undertaken by the consultant company Urban Capital on behalf of Dublin City Council, following which the National Development Finance Agency also carried out a Public Private Partnership Benchmarking Exercise.

Postal Services.

Finian McGrath

Question:

783 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources the reason An Post staff pre-1984 were not entitled to benchmarking and had to wait over three years, particularly CWU members. [16611/07]

Matters that relate to the pay of An Post employees are a matter for the Board and management of An Post and one in which I have no function.

Alternative Energy Projects.

James Bannon

Question:

784 Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources his plans to promote the growth of bio-fuels in view of the fact that only 3% of Ireland’s primary energy supply comes from renewable sources; and if he will make a statement on the matter. [16998/07]

The Programme for Government underlines our commitment to the development of an Irish biofuels market and to the development and deployment of bio-energy generally in Ireland. A range of initiatives is already in place to support the development of the biofuels sector.

The 2005 pilot mineral oil tax relief scheme for biofuels has resulted in eight projects being awarded excise relief for a two-year period under the scheme. The Biofuels Mineral Oil tax Relief Scheme II was introduced in 2006, valued at over €200m. Under this scheme sixteen projects have been awarded excise relief to the period 2010. The scheme will enable us to reach an initial target of over 2% market penetration of biofuels by 2008. As a result of this scheme, biofuels are already being mainstreamed in blends of up to 5% at a number of existing petrol and diesel pumps, and higher blends are being sold to identified vehicle fleets. The Government has also introduced a 50% VRT relief on Flexible Fuel Vehicles, which are capable of running on blends of up to 85% ethanol in petrol. These vehicles are now available in Ireland from a number of car manufacturers. The National Climate Change Strategy also commits to a realignment of VRT and Motor Tax to favour more energy efficient cars. The planned introduction of a Biofuels Obligation by 2009, will require all fuel suppliers to ensure that biofuels represent a certain percentage of their annual fuel sales.

Grants for the conversion of diesel engine vehicles to use Pure Plant Oil (PPO) have been made available by Sustainable Energy Ireland (SEI), working with the four companies who were granted excise relief under the PPO category in the Pilot Biofuels Mineral Oil Tax Relief Scheme. The Department of Transport is also funding specific biofuels initiatives and will publish a Sustainable Transport Action Plan later in 2007.

Under the Programme for Government we will introduce a minimum requirement for the use of Biofuels in State-owned and public transport vehicles. We will introduce biofuels in blends of up to 5% in existing Local Authority and CIE fleets and will achieve 30% in new vehicle purchases by CIE.

Decentralisation Programme.

Seymour Crawford

Question:

785 Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural Resources if the change of ministerial structures will make any difference to Cavan town development; and if he will make a statement on the matter. [17380/07]

As the Deputy will be aware, the recently announced reconfiguration of Departmental functions resulted in responsibility for the Sea Fisheries sector transfer to what is now the Department of Agriculture, Food and Fisheries. Under the Government's Decentralisation Programme these functions of the former Department of Communications Marine and Natural Resources are to be relocated to Clonakilty in Co Cork. These functions are not included in those earmarked for decentralisation to Cavan and recent Departmental changes do not impact in that regard.

Telecommunications Services.

James Bannon

Question:

786 Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources when the full roll-out of broadband will take place in Counties Longford and Westmeath; and if he will make a statement on the matter. [16999/07]

The provision of telecommunications services, including broadband, is a matter for the companies operating in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg.

It continues to be a priority of the Government that there will be broadband coverage across the entire country. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These include providing grant-aid under the recently concluded Group Broadband Scheme and investment in Metropolitan Area Networks (MANs) in over 120 towns and cities under the Regional Broadband Programme.

Twenty-seven MANs have been completed under the first phase and are currently being managed by ENet, the Managed Services Entity. The second phase will extend the programme to an additional 90 towns. Under the first phase of the MANs programme the following Westmeath towns have received broadband infrastructure:

Mullingar MAN provided an 18 km network;

Athlone MAN provided a 20 km network.

The construction of a 16.3 km MAN in Longford town under the second phase of the MANs programme has been completed and final arrangements are being made to hand the completed network over to an interim Managed Services Entity (MSE) until the appointment of a permanent MSE is announced following a competitive tender process which is under way.

Despite Government investment in broadband in the regions through the regional broadband programme, there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband connectivity. The procurement process for the Government's new National Broadband Scheme (NBS) was launched on the 2 May 2007. This scheme will provide broadband services to the areas of Ireland that are currently unserved and ensure that every reasonable request for broadband in these unserved areas is met. The estimated timescale for the award of the NBS contract is December 2007.

Nuclear Plants.

Michael Creed

Question:

787 Deputy Michael Creed asked the Minister for Communications, Energy and Natural Resources his views on whether nuclear energy has a role to play in reducing Ireland’s dependancy on non-renewable energy sources; and if he will make a statement on the matter. [17226/07]

Under the Programme for Government we will dramatically accelerate the growth of renewable energy sources in the electricity, heating and transport sectors of the economy. One third of all electricity consumed will come from renewable energy by 2020. Accelerated progress in the use of renewable sources in both the heating and transport sectors will reduce dependence on non-renewable energy sources. Radically improved energy efficiency and demand management will lead to real reductions in energy use and thus reduce dependence on non-renewable energy sources. Taken together therefore, sustained reductions in demand due to efficiency gains and steadily expanding our deployment of clean renewable fuels will be key to reducing over reliance on oil and gas.

The use of nuclear fission for the generation of electricity in Ireland is statutorily prohibited under Section 18 subsection 6 of the Electricity Regulation Act 1999. It is also relevant in this context that Section 3 of the Planning and Development (Strategic Infrastructure) Act 2006 Act amends the Planning and Development Act 2000 to state that "Nothing in this Act shall be construed as enabling the authorisation of development consisting of an installation for the generation of electricity by nuclear fission."

The Energy Policy Framework makes it clear that the Government fully intends to maintain the statutory prohibition on nuclear generation in Ireland. The Government strongly believes that nuclear power is neither sustainable nor an answer to Ireland's energy needs. The actions set out in the Programme for Government in relation to nuclear energy and Sellafield are a clear statement of our position and our intent in Europe in relation to nuclear energy.

Fishing Industry Development.

John Deasy

Question:

788 Deputy John Deasy asked the Minister for Communications, Energy and Natural Resources if he will provide details of the independent appeals mechanism in place for fishermen to appeal a refusal for consideration under the hardship compensation scheme; and the criteria involved. [17381/07]

The Salmon Hardship Scheme provides that in all cases an independent appeals procedure will apply in respect of decisions of the administrative authority, BIM. Applicants who are unsuccessful may appeal the decision of BIM by submitting an appeal in writing to the Independent Appeals Officer. A number of nominees for the position and the detailed modalities are under consideration at present and should be finalised in the immediate future.

Legislative Programme.

Róisín Shortall

Question:

789 Deputy Róisín Shortall asked the Minister for Communications, Energy and Natural Resources his plans to introduce legislation to compel utility companies to provide contact details and identification on their various on-street infrastructure boxes in order that vandalism, graffiti and so on can be more readily reported and dealt with by the company in question. [17486/07]

Maintenance and upkeep of infrastructure is a day to day operational matter for the companies and not one in which I have a function. I am advised that ESB has an infrastructure maintenance programme for the continual upkeep of its MV Substations and Unit Substations as well as all minipillars, including inspection and necessary repairs. The contact number for ESB Networks, 1850 372 999, is widely publicised and is the first regular point of contact for customers wishing to report any issue regarding ESB infrastructure. ESB are also introducing a new danger notice on all substations and minipillars which will include the ESB Networks emergency numbers.

Bord Gáis Éireann (BGÉ) is committed to the highest standards of safety which includes national safety and emergency awareness campaigns across television, radio and print media where the company's 24-hour gas emergency number, 1850 20 50 50, is highlighted to the public. The emergency number is also very prominently displayed in the telephone directories. The awareness policy also includes the display of the 24-hour emergency number on BGÉ's infrastructure installations, where feasible. For domestic supplies the emergency contact number is on every bill, which has been found by BGÉ to be most effective.

Departmental Projects.

Tom Sheahan

Question:

790 Deputy Tom Sheahan asked the Minister for Communications, Energy and Natural Resources the projects approved in his Department in 2007 which exceed the threshold for a cost benefit analysis; and the person who conducted the analysis in each case. [18178/07]

No projects approved to date in 2007 under my Department exceed the threshold for a cost benefit analysis.

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